Social Agency Eviction Vote Invalid, City Attorney Says

The city attorney this week derailed a recent move by the City Council to oust the Cudahy Social Service Agency from a city-owned building and take control of the agency’s food and clothing distribution program for the needy.

City Atty. Glenn Watson said the council cannot evict the agency without following legal procedure and said that the council’s eviction vote was invalid.

Watson also challenged the council’s decision to retain the agency’s controversial director, James Graham, to run the food and clothing program for the city. A Cudahy ordinance specifically prohibits the council from hiring city staff members, according to City Manager Jack Joseph.

“The bottom line is that Cudahy Social Service Agency is still a tenant of the building and the hiring of Graham is on hold,” Joseph said Tuesday.

The agency, under criticism for months from some council members and city officials, appeared to be on its way out last week when the council, in a stormy session, voted 3 to 2 to cancel the agency’s lease.

The vote culminated a renewed attack on the agency that began when city officials learned the state had terminated the agency’s tax-exempt status because of failure to file appropriate tax forms.

The loss of tax-exempt status gave the city the legal loophole it needed to evict the agency, but the city attorney said the agency first must be given 10 days to pay $57,500 in back rent before eviction can proceed.

Watson said the city could take immediate control of its building only if Graham or one of the agency’s board members were to turn over the lease voluntarily.

At last week’s meeting, Graham said he would surrender the lease. But when informed of Watson’s ruling this week, Graham said he will not turn over the lease until the city has a contract stating that a director will be hired once the city takes over the agency.

“If I simply surrender the lease, it could be a ticket for them (the city) to do whatever they want with the agency,” Graham said. “I just want uninterrupted service.”

Graham’s refusal to turn over the lease has added fuel to the debate that was triggered by Councilman John Robertson’s recommendation that Graham be retained by the city to manage the agency.

Councilmen Joseph R. Fregeau and Joseph Graffio have questioned Robertson’s motives in recommending Graham, who was in charge of the agency when city officials cut off funding in reaction to reports of inadequate record-keeping. Robertson also had been named as defendant in a libel suit filed and later dropped by Graham.

Fregeau and Graffio voted against the proposal to evict the agency and retain Graham. Fregeau, in a letter to the city attorney, has urged that Robertson be excluded from voting on Social Service Agency matters. Fregeau said he believes Robertson’s recommendation to hire Graham “could be construed as a possible payoff and could be a violation of office by Councilman Robertson.”

Robertson has denied the charges. He also said he was unaware of the city attorney’s ruling on the council’s vote.