Simonian Admits to Inadequate Paperwork

Fired Yorba Linda City Manager Arthur Simonian, in his first extended public comments since prosecutors cleared him of criminal wrongdoing this week, acknowledged Thursday that he should have adopted more “bureaucratic checks and balances” of city finances.

However, Simonian says he did nothing illegal or unethical during his tenure as the city’s top administrator, and he will continue his legal fight to win back his $142,000-a-year job.

The Yorba Linda City Council fired Simonian on Sept. 7 after an audit alleged that he had collected annual raises of up to $14,000 a year and leased a $50,000 BMW at city expense, both without the council’s knowledge. The audit also showed Simonian was often reimbursed for expenses, including an $8,000 deposit on the leased car, without having to submit receipts or itemized expense reports.

“We didn’t develop a paper flow, or a lot of bureaucratic checks and balances. In retrospect, maybe I should have,” Simonian said Thursday. “I concentrated more on the development of the city and providing the many amenities that we have.”

Simonian said that all of his expenses were city-related and that his detractors on the City Council have never proved otherwise.

Orange County prosecutors reviewed the city’s allegations against Simonian, and on Wednesday they announced the benefits in question were permissible under the very broad terms of Simonian’s employment contract.

Mayor John M. Gullixson, who led the campaign to fire Simonian, criticized the district attorney’s decision, saying prosectors made no effort to interview witnesses or look into allegations that Simonian falsified budget documents to cover up his extra compensation.

“I’ll stand by the facts,” Gullixson said. “I can’t let him hold that job when an entire level of trust is lost.”

Simonian adamantly denies falsifying any documents or being involved in a cover-up. He said the mayor’s accusations are based more on an effort to gain political recognition than any credible evidence.

“It’s easy to get into name-calling, it’s easy to point the finger . . . but I’ll leave those kinds of comments to the politicians,” Simonian said.

Simonian is suing the city for wrongful dismissal and said he’s optimistic about returning to the job he held for 27 years. Simonian is on paid administrative leave until December and is entitled to a severance package that will at least match his yearly salary of $142,000.

Simonian’s lawsuit is based on the manner in which he was fired. The City Council voted to dismiss him “without cause” shortly after a closed-door briefing with the special counsel who investigated Simonian.

Simonian’s attorney, R. Scott Craig, argues that his client was really fired because of the allegations against him. State law requires cities to give employees the right to have a public hearing to respond to charges or complaints against them.

If victorious, Simonian said, he would not hold any grudge against City Council members who voted to dismiss him, including Gullixson.

“I just want to go back to work,” Simonian said. “I can’t be sour on Yorba Linda. I have helped build Yorba Linda as a city, and I’m very proud of that.”

Gullixson said that the former city manager is overly optimistic and that Simonian will never be allowed to come back.

Next week, the city plans to file a civil lawsuit against Simonian to recoup about $200,000 that officials say he collected without the council’s approval.