Lynwood Council Unexpectedly Ousts 2 Officials

In what critics called a violation of California’s open meeting laws, the Lynwood City Council voted at a special session to fire the city attorney and remove the city manager.

After discussion in closed session Wednesday night, three councilmen--Paul Richards, Ricardo Sanchez and Louis Byrd--publicly voted to terminate the contract of attorney Francisco Leal and remove Faustin Gonzales as city manager.

The agenda for Wednesday’s meeting failed to mention that members would specifically deal with the jobs of the two city officials, and the discussion was a surprise to Mayor Pro Tem Arturo Reyes, who was the sole dissenter on the decisions. Reyes said no concrete reasons were given for the firing and suspension.

“It was just an ambush,” he said Thursday. Mayor Armando Rea was reportedly working Wednesday night and did not attend the session.

On Thursday, Richards rejected the criticism. He said he asked the city manager Monday to write up an agenda that would include discussion of all city contracts with employees. The agenda failed to include all contracts but mentioned discussion of “reorganizing” staff.

“Everything we did was in the spirit and scope of the agenda,” Richards said. “We requested something different, and we went with what we had. But it seemed broad enough to me” to include discussion of the officials’ contracts.

According to Reyes, however, he and Leal warned the council at the meeting that discussing the issue could constitute a violation of the Brown Act, the state’s law governing procedures for public government meetings.

Several legal experts declined Thursday to comment specifically on the Lynwood meeting but said that in general, addressing matters that are not listed on a special council meeting’s agenda constitutes a violation of the act. Councils “simply have no legal business at all in addressing anything else,” said Terry Francke, general counsel for the California First Amendment Coalition.

Said former Los Angeles City Atty. Burt Pines: “If I were the city attorney advising the council, I would not be comfortable with the adequacy of the [agenda] notice.”

As Gonzales cleared out his desk Thursday, he said he had understood that Richards called Wednesday’s meeting to continue ongoing labor negotiations with municipal employees as part of the city’s financial reorganization plan. Gonzales said he drew up the agenda notice accordingly.

The first he heard that his own job would be discussed was when he ate lunch with Richards on Wednesday, he said, adding that he has not been given a reason for his removal.

“He told me something to the effect of, ‘You’re going to be put on administrative leave tonight,’ ” Gonzales said. Gonzales, who has been city manager for seven years, will remain on the payroll indefinitely. The council appointed Ralph Davis as interim city manager.

Richards said neither Leal nor Gonzales was removed for disciplinary reasons but for philosophical differences. Leal differed with the council over approaches to policy and legal issues, Richards said, adding that pending litigation prevented him from talking about specific issues.

Leal could not be reached for comment.

As for removing the city manager, Richards said he and a council majority had publicly voiced the view that citizens had lost confidence in the administration of the city. Gonzales had “done many great things in this city,” but a fresh approach was needed to build community and council unity, Richards said.

An $800-million racial discrimination lawsuit filed against the city Monday by African American former city contractors played no part in the decisions, council members and city officials said.

Richards said the council hoped Gonzales would remain as a consultant to the city. Gonzales said he had not yet decided on his plans.