Council gives city attorney an ultimatum

Lolita Harper

The City Council has sent a letter with an ultimatum to City Atty.

Jerry Scheer -- return to his post full time or resign -- the Daily

Pilot has learned.

In a letter dated Oct. 17, the city’s outside legal counsel

outlined a series of requirements of Scheer as the city attorney and

offered him a chance to quit if he wishes.

The letter was signed by Peter J. Brown, an L.A. attorney who was

hired as outside counsel to advise the City Council, and sent to Greg

Petersen, Scheer’s private attorney. Petersen confirmed that he

received the letter Friday.

“If it is indeed Mr. Scheer’s desire to settle with the city, for

an end to his employment relationship with the city, the City Council

has requested that you place any such offer in writing with all the

parameters of that offer, i.e. the details of the offer, council will

consider that formal offer at an upcoming City Council meeting and

will respond,” the letter reads.

The letter advised that if Scheer wants to continue working as the

city attorney, the “council will be proceeding with his evaluation at

an upcoming meeting in the near future.”

It was a general performance evaluation, done in a closed session,

that led council to a unanimous vote to place Asst. City Atty. Tom

Wood and Scheer on paid administrative leave on Sept. 9.

During that same session, council members also voted to halt all

business with an outside legal firm, audit the city attorney’s office

and create a subcommittee to further review the performance of the

city’s top two attorneys.

A week later, council members unanimously voted to reinstate Wood.

And on, Oct. 4, the council narrowly reinstated Scheer by a 3 to 2

vote.

Scheer returned to his office Monday, Oct. 7, despite claims from

his attorney that he had developed serious medical conditions as a

result of stress and was on heavy medication. Scheer did not attend

the City Council meeting that night, and Wood took his place as legal

counsel on the dais.

If Scheer wants to remain the city attorney, the City Council

expects him to perform all of the functions of the office, which

include attending City Council meetings and agenda review meetings

and keeping regular communication with the City Council, the letter

reads.

“If he is to remain the city attorney, the council expects that he

will do so on a full-time basis, or if he is unable to do so for

medical or other reasons, he will be required to provide a doctor’s

note,” the letter reads.

While Petersen confirmed that he received the letter from Brown,

he refused further comment.

Brown, who has been designated the city’s spokesman on this issue,

said he would not confirm he sent the letter because he didn’t want

legal communications between one attorney and another to be viewed by

the public.

“When parties are represented by attorneys and they wish to

communicate with each other, and want to do so candidly, the

effectiveness of those communications can and will be impacted if

those communications are being published as opposed to being

considered by both sides,” Brown said.

Brown also refused to comment on the content of the letter.

Council members continued their silence on the subject and did not

return calls.

Council members held a special closed-door session to “consider

the dismissal of a city employee” on Wednesday, just one day before

the letter to Petersen was dated. City officials refused to confirm

or deny that Scheer was the subject of Wednesday’s meeting.

The letter, however, states plainly that Scheer was the subject of

the meeting. It further states that council members “requested” that

Brown inform Petersen of their requirements, which included returning

to work full time or submitting an offer to settle.

* LOLITA HARPER covers Costa Mesa. She may be reached at (949)

574-4275 or by e-mail at [email protected].