Mittermeier Keeping Full Powers After Narrow Vote

County Chief Executive Officer Jan Mittermeier survived attempts Tuesday to reduce her powers and change her title, emerging from a two-hour, closed-door meeting with a vote of confidence from a majority on the Board of Supervisors.

The long-awaited showdown stemmed from Mittermeier’s refusal last month to provide Supervisor Thomas W. Wilson with information about future trips scheduled by planners working to convert the El Toro Marine Corps Air Station into a commercial airport.

Wilson and Supervisor Todd Spitzer, both opponents of the airport plan, sharply criticized Mittermeier for her stance and demanded a closed-session personnel review to possibly discipline the CEO.

At Tuesday’s meeting, both supervisors proposed several changes in Mittermeier’s duties. But the three supervisors who back the airport, Jim Silva, Charles V. Smith and William G. Steiner, rejected the ideas.

“The board majority reaffirmed their confidence in the CEO, and we commend her for doing an outstanding job,” board Chairman Steiner read from a statement after the meeting. “The scope of [Mittermeier’s] roles and duties remain unchanged.”

The statement said that the board majority gave Mittermeier a “superior” evaluation in the areas of leadership, planning and business skills. It gave her “above average” scores in the area of board relations and communications.

Steiner expressed hope that the decision would put to rest the criticism of Mittermeier over her stance on the El Toro travel records and other issues.

“The relentless criticism from some of her detractors can take its toll,” he said. “At some point, she might decide that being CEO is not worth the grief. That would not be in the best interests of the county as a whole.”

But Spitzer, Mittermeier’s most persistent critic, said he has no intention of backing down.

“I am not stopping here,” he said after the meeting. “I am taking my case to the public and speaking on this issue at every opportunity until the power structure goes back to the way it should be.”

Spitzer accused Mittermeier of “abuse of power” and said his complaints go beyond El Toro to other incidents in which, he said, she withheld reports, legal documents and other material from the board.

During the closed-door meeting, Spitzer proposed that Mittermeier’s title be changed to “county administrative officer” and that the board take over from her the power to hire and fire department managers.

Before 1995, the job had that title and carried far less authority. The administrative officer, for example, had little say over how different departments and agencies operated and were staffed.

After the county’s bankruptcy, the board relinquished most of the power to run day-to-day county operations to retired Newport Beach businessman William J. Popejoy, who assumed the new title of chief executive officer. He now heads the state lottery.

Popejoy clashed publicly with supervisors and resigned after only five months. Mittermeier, then the airport director, succeeded him.

Wilson’s proposed changes in Mittermeier’s duties were far less sweeping than Spitzer’s but met the same fate.

Wilson suggested that her title be changed to “county executive officer” but that her responsibilities remain relatively unchanged. However, he proposed that her contract be amended to require her to fulfill all requests for information from individual supervisors and to supply the entire board with copies of that information.

He also said Mittermeier should be required to brief supervisors periodically about activities in various departments and about any special projects.

Even though his proposal was defeated, Wilson said he was pleased that Mittermeier took his suggestion last month and began holding biweekly briefings on El Toro during regular board meetings.

“I think she understands what my concerns are,” Wilson said. “She fully understands that the Board of Supervisors is in charge.”

In a statement after the meeting, Mittermeier said, “I appreciate the restatement of confidence in the me from the majority of the Board of Supervisors.

“I’m very proud of the county’s long list of accomplishments over the past two years, and I am especially proud of my role in assisting the board in achieving these worthwhile goals,” she added. “We have a lot more to do, and we will remain focused on implementing the board’s policies.”

Along with Steiner, Smith and Silva have repeatedly backed Mittermeier in recent weeks. Smith has accused Spitzer and Wilson of trying to “micromanage” the county and gain information about El Toro planning simply to “torpedo” the process.

Spitzer disagreed. “This is not about micromanaging,” he said. “It’s about supervision.”

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Comparing CAO to CEO

County Chief Executive Officer Jan Mittermeier survived an attempt Tuesday to reduce her powers. She is Orange County’s second CEO, a position created after the bankruptcy. Before then, the position was known as county administrative officer and was held by Ernie Schneider, who was fired in the wake of the fiscal crisis.

Roll of County Administrative Officer

Board of Supervisors: Elected officials shared ultimate authority over county bureaucracy. But critics believe that the bankruptcy showed that the shared responsibility resulted in a lack of accountability.

CAO:

* Oversaw budgeting and personnel issues countywide and acted as the liaison between departments and agencies, a buffer between the supervisors and day-to-day operations.

* Lacked hiring and firing power for top department heads, who reported directly to the Board of Supervisors

* Had little or no voice in management of departments and agencies

Roll of Chief Executive Officer

Board of Supervisors: This centralized setup holds one person--the CEO--responsible for county operations. But it also has led to clashes with supervisors over who is really in charge.

CEO:

* Runs the county. Supervisors are relegated to a policy-making status

* May hire and fire most nonelective department heads, who report to CEO and not directly to board

* Strong voice in management of departments and agencies

Source: Times reports; Researched by SHELBY GRAD / Los Angeles Times