Simonian Sues Gullixson Over Report’s Release

Yorba Linda City Manager Arthur C. Simonian, fired amid allegations of financial improprieties and reinstated by court order, filed a lawsuit Friday against Mayor John M. Gullixson for releasing a confidential report on Simonian’s conduct.

Simonian awarded himself more than $300,000 in benefits and extra compensation from 1987 through 1998 without the City Council’s approval, according to the report from a special investigator hired by the city. In his lawsuit against Gullixson, Simonian alleges invasion of privacy and infliction of emotional distress.

Gullixson released the three-part report to the news media and some private citizens on Dec. 7, against the advice of the city’s attorneys and two months after the council rejected the mayor’s resolution to make the report public.

The City Council fired Simonian on Sept. 7. On Nov. 24, Orange County Superior Court Judge John C. Wooley ruled the firing improper and ordered Simonian back on the payroll. The judge’s ruling was based in part on an affidavit submitted by Councilman Mark Schwing, a staunch defender of Simonian. In the affidavit, Schwing stated that the accusations against Simonian were discussed during a confidential session the council had with its attorney.

Gullixson, who is also an attorney, said that by allowing Schwing to discuss confidential council meetings, the judge had opened a Pandora’s box, which gave the mayor the authority to release the council’s confidential report.

Simonian’s lawsuit, filed in Orange County Superior Court, alleges that the released information included Simonian’s tax status, Social Security number and home address. That information was subsequently published in a press report.

Simonian remains on administrative leave. The City Council, which has one vacant seat, is deadlocked 2-2 on his fate. A special election is set for March 7 to fill the vacancy created when Gene Wisner retired and left the area earlier this year.