Executive Showdown?

The Orange County Board of Supervisors may be poised to fire its top administrator at a special meeting today, ending weeks of speculation about her fate and setting up the possibility of a legal showdown.

The supervisors have clashed with County Executive Officer Jan Mittermeier on a variety of issues, ranging from plans to convert the former El Toro Marine base to a commercial airport to what they call her “secretive” management style, which has angered her friends and foes alike.

But the agenda item that calls for a closed-door 8:30 a.m. meeting to discuss her job performance marks the first time in her stormy five-year tenure that the board has indicated it has had enough.

“Hire an interim CEO, effective immediately,” it reads. Another agenda item directs staff to begin nationwide recruitment for a permanent CEO.

For her part, Mittermeier has retained attorney Wylie A. Aitken, who wrote a letter warning supervisors that they--and the county--could be held legally responsible for some of the “negative and critical” comments that recently have been made about Mittermeier and her performance.

“Over the past several weeks, the frequency and voracity of these verbal assaults have increased,” Aitken wrote. “You are no doubt aware that any negative public statements or comments in the media regarding Ms. Mittermeier’s character or performance could be detrimental to her reputation, both personal and professional. This could result in considerable liability to the county of Orange and to the individuals who fail to respect Ms. Mittermeier’s rights as a county employee and respected businessperson and leader.”

Mittermeier declined to comment Monday. Her attorney was out of town and could not be reached for comment.

Whether the board has the three votes needed to act today to remove Mittermeier was unclear Monday night.

Chairman Charles V. Smith was out of town and couldn’t be reached. Supervisors Jim Silva and Tom Wilson declined to discuss the matter. Colleagues Todd Spitzer and Cynthia Coad did not immediately return phone calls seeking comment. Coad--who has both praised and criticized Mittermeier in the past--may be the swing vote, observers say.

But if the agenda is any indication, the supervisors appear ready to act. The county’s Human Resources Agency has been instructed to return to the board by April 18 with a written contract for an interim CEO. County insiders expect the job to go to Michael Schumacher, the well-regarded director of the county Health Care Agency.

At the regularly scheduled 9:30 a.m. board meeting, supervisors are expected to recast this CEO’s job to regain more authority over hiring and firing--duties now solely within the CEO’s purview.

If Mittermeier leaves, her departure would throw even more uncertainty into planning for the new airport at El Toro, approved by voters in 1994 but upended in March with the passage of Measure F. Voters said overwhelmingly that they wanted final say over what is built at the base, regardless of the planning process.

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Mittermeier shocked supervisors last week when she responded by suspending all El Toro-related contracts--even those ostensibly permitted under Measure F. Supervisors will discuss authorizing some expenses today, but without a hoped-for agreement between county attorneys and airport foes over what payments are allowed under the measure. A meeting between the two sides will continue Thursday.

Supervisors will also tackle the airport issue today by discussing the creation of an executive director’s job to deal exclusively with planning the reuse of El Toro Marine Corps Air Station. Until now, the job has been handled by Mittermeier, forcing her to juggle that along with her day-to-day duties.

The new executive director would work directly for the board--acting as the reuse authority for El Toro--rather than for a new chief executive.

The action comes amid calls to isolate El Toro planning into a separate job, in part because the project has so deeply divided the county. Some question whether it can ever move forward unless some consensus is established.

Airport advocate Bruce Nestande lauded the idea of a full-time manager for El Toro.

“This is going to make the job of CEO much easier because you’re not going to have that pressure and that friction [from El Toro] associated with the CEO’s job,” said Nestande, a retired county supervisor.

Mittermeier has had the job as top government executive since 1995.

Mittermeier helped fuel the most recent speculation about her future by interviewing for the deputy director’s position at Los Angeles International Airport at a time when critics said the El Toro planning process needed more attention.

Last week, the board met and discussed Mittermeier’s job performance but no decision was made, in part because two of the five supervisors were unable to attend. Supervisors indicated after the meeting that they wanted a vote of the full board.

Mittermeier earns $160,000 a year and has one year left on a contract that began Sept. 25, 1998. According to County Counsel Laurence M. Watson, Mittermeier’s contract provides for an annual review by the board.

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If Mittermeier is fired, she could get a severance package worth $170,000, officials said. Mittermeier was instrumental in helping the county recover from its historic bankruptcy and has been roundly praised by Wall Street as well as by most of the supervisors for her decisive management style. But her steely resolve, bluntness and no-frills style also alienated some of her bosses.

In recent years, Mittermeier has fought with board members over the scope of her job. Many view Mittermeier as frustrated by and weary of the recurring battle over authority and an antagonistic relationship with supervisors opposed to an airport being built at El Toro.

The prospect of her departure saddened some, including Robert J. MacLeod, general manager of the Assn. of Orange County Deputy Sheriffs, a Mittermeier supporter.

“The changes that Jan Mittermeier brought to county government were profound, and she displayed such outstanding abilities,” MacLeod said. “To see that kind of conduct rewarded with termination is distressing professionally and personally.”

* The fate of Orange County Executive Officer Jan Mittermeier is expected to be decided this morning by the Orange County Board of Supervisors. An immediate update will be available on the Web at http//www.latimes.com/oc