City attorney files suit against Costa Mesa

Deirdre Newman

City Atty. Jerry Scheer has filed a lawsuit against the city, four

present and former council members and Senior Deputy City Atty.

Marianne Reger.

The lawsuit, filed in Orange County Superior Court on Sept. 8,

contains 16 complaints for damages, whittled down from 29 in an

initial claim Scheer filed in April. The complaints include violation

of free speech and due process, unlawful harassment based on age and

disability and violation of the Brown Act open meeting law.

Dan Stormer, Scheer’s attorney, said the city’s actions toward

Scheer could result in a multi-million dollar verdict.

“We filed the lawsuit because [the defendants] ruined his

reputation and ruined his career and refused to give reasons for it,”

Stormer said. “So the lawsuit is a little reminder that they can’t

simply ruin people’s lives without being found libel.”

Peter Brown, who represents the city, was not available for

comment.

Former City Council members named as defendants are Linda Dixon

and Karen Robinson. Current Councilwoman Libby Cowan and Mayor Gary

Monahan also are named.

Scheer, 63, filed a tort claim, which is the first step of a

lawsuit against public entities, on April 24. He filed the lawsuit

because the city denied the claim, Stormer said.

“They feigned a lack of understanding as to what we were asking

for,” Stormer said. “So we included everything possible within [the

lawsuit] and this is framed in less broad terms.”

The lawsuit is based on a series of events starting in July 2001

when Reger made a written complaint against Scheer containing a

number of accusations. Scheer was eventually cleared of the

allegations by an independent counsel and independent investigator in

April, 2002.

But in September 2002, Scheer was placed on administrative leave

pending an investigation. The council decided the matter in a closed

session, without Scheer present and did not let him ask to have

grievances against him discussed in an open session. That meeting was

deemed a violation of the Brown Act -- the state’s open meeting law

-- by Acting City Atty. Tom Wood.

Also that month, the council initiated its own internal

investigation and financial audit of the Office of the City Attorney.

Cowan and Robinson were in charge of the investigation.

On Oct. 4, 2002, the council voted, again in closed session, to

reinstate Scheer. He returned to work Oct. 7 against his doctor’s

orders, since the city’s treatment had created severe emotional

distress, the lawsuit claims.

“Mr. Scheer is not doing well, to be perfectly honest,” Stormer

said. “He loved doing his job, loved being a lawyer, loved the

reputation that he established over the years and they destroyed

that.”

Scheer returned to work part-time but could not complete his

responsibilities because he was unable to log onto his computer, the

lawsuit states. The computer division had also downloaded everything

from his computer while he was suspended, the lawsuit states.

Later in October, Scheer received a letter from Brown that he had

to work full-time or resign. Scheer chose to take sick leave on Oct.

21. He is currently on a leave of absence, without pay. Last week,

the council approved another extension of his leave of absence until

Nov. 16.

The initial claim charged that Scheer suffered losses in excess of

$5 million.

Monahan said the lawsuit was “old news.” Robinson, who is now an

Orange County Superior Court judge, said she didn’t have any comment.

* DEIRDRE NEWMAN covers Costa Mesa and may be reached at (949)

574-4221 or by e-mail at [email protected].