Yorba Linda Wins Ruling on Audiotapes in Firing Suit

Attorneys for Yorba Linda claimed victory Thursday when a judge ruled that audiotapes of a closed-door City Council meeting would remain confidential and could not be used in a wrongful-termination lawsuit brought by former City Manager Arthur C. Simonian.

Orange County Superior Court Judge John C. Woolley determined that the tapes, recorded Sept. 7 during discussions that preceded Simonian’s termination, are protected by attorney-client privilege because the city’s lawyers were a part of that meeting.

“The judge’s analysis was absolutely correct,” said Henry Kraft, an attorney for the city. “We’re optimistic [about this case.]”

Simonian is suing the city to overturn his termination, accusing the council of violating the Brown Act open meeting law by discussing charges and complaints against him without giving him 24 hours’ written notice and the option of a public hearing.

The council has accused Simonian of collecting more than $300,000 in unauthorized bonuses and other perks. The city filed its own lawsuit about two weeks ago to recover the allegedly ill-gotten funds. Simonian has denied mishandling city funds.

Simonian’s attorney, Craig Scott, said the judge’s pretrial decision on the tapes should have no bearing on the outcome of the case. Earlier this month, Scott asked Woolley to review the tapes in private and determine whether the council had violated the Brown Act, which regulates closed-door meetings by public institutions.

The tapes, which include discussion between the council and attorneys about how to handle potential litigation, are missing some portions, city officials acknowledged.

Yorba Linda City Clerk Carolyn Wallace came to court prepared to hand over the tapes and transcripts, but ended up taking the records back to City Hall for safe-keeping.

Scott argued that the tapes should not be subject to attorney-client privilege because any City Council could put a lawyer in all closed sessions to hide information from the public.

He also said that the council members who voted for the termination have since stated that alleged financial improprieties are the reason they ousted Simonian and the former city manager’s employment contract stated that he could be fired for no reason at all. But Scott alleges that the council had a very specific reason for the termination and it is deceptive to say Simonian was ousted with no cause.

“We think that it is an absolute smoke screen,” Scott told Woolley during the hearing.

However, the judge agreed with the city’s position, saying that the council members could have discussed complaints against Simonian but still fired him without cause.

The trial is set to begin Nov. 18. No hearings have been scheduled in the city’s lawsuit against Simonian.