O.C. Board Rejects Firing Mittermeier

After weeks of speculation that Orange County supervisors were about to fire their top executive, board members voted 3 to 2 Tuesday to retain County Executive Officer Jan Mittermeier, a reversal of fortune attributed in part to last-minute appeals by the powerful Irvine Co.

The vote keeps intact the delicate system of checks-and-balances of power put in place in the wake of the county’s 1994 fiscal collapse, a disaster that some attributed to supervisors having too much control, and not enough independent oversight. The board’s vote reaffirmed the current structure giving Mittermeier greater say over county operations, even hirings and firings, which was a key factor in the county’s ability to regain its pre-bankruptcy reputation, supporters say.

Irvine Co. Executive Vice Presi

dent Gary Hunt confirmed that he spoke with board members Monday and voiced support for keeping in place a strong county executive officer, a post that he and other business leaders had asked supervisors to create after the bankruptcy. Hunt, who said he never discussed whether Mittermeier should be fired, said he was acting on behalf of Orange County’s business community.

“The structure was and is worthy of retention, not necessarily addressing the person that’s there doing [the job],” Hunt said. He said he spoke with Supervisor Cynthia Coad at a prearranged lunch Monday, and responded to calls from Supervisors Tom Wilson and Todd Spitzer.

The vote came as a surprise to most county observers--even to Mittermeier, who had cleaned out her desk and didn’t attend the board meeting. Displeasure over the scope of her authority and management style peaked last week, after at least two years of constant criticism from board members.

In her only comment, Mittermeier said the board vote reminded her of a story she once heard about a besieged basketball coach who ended up in the hospital suffering from stress.

“While he was recuperating, the coach received a letter from the general manager saying, ‘On a vote of three to two, we wish you a speedy recovery,’ ” Mittermeier said in a prepared statement. She added that she was looking forward to getting back to work: “I appreciate the opportunity to continue to address the many issues and challenges facing this county.”

Mittermeier earns $160,000 a year and has one year left on her contract. If fired, she would have received a severance package worth $170,000, officials said.

In the end, it was Mittermeier’s track record that swayed the board majority, Wilson said. Her overall handling of the county and her demonstrated leadership abilities have played a major role in the county’s success, he said.

“The county’s stability is important,” Wilson said. “We need to demonstrate that the leadership is in place and Mittermeier, though she’s had her shortcomings, has been key to that.”

The board has held two other closed-door sessions about her future in the past two years, but Tuesday marked the first time an actual vote on firing her was taken.

Heading into Tuesday’s meeting, it did not look good for Mittermeier. All indications pointed to a board prepared to fire her, down to the agenda item to hire an interim CEO and launch a nationwide search for a replacement.

During the supervisors’ closed-door discussion that preceded the vote, board members discussed recent decisions that Mittermeier has made that frustrated some board members. But the majority decided those actions were outweighed by her handling of the bankruptcy and the renewed confidence Wall Street has in the county’s finances and management restructuring since the 1994 bankruptcy.

In an unlikely alliance, board Chairman Charles V. Smith and Spitzer--often on opposite sides of board decisions--this time agreed in voting to fire Mittermeier. They were outvoted by Supervisor Jim Silva, Coad and Wilson.

To some, the vote was as much about planning a proposed El Toro airport as it was about Mittermeier’s fate.

As part of their closed-door deliberations, supervisors mulled the structure of the El Toro planning process. They considered seizing oversight of the controversial project from Mittermeier. Ultimately, they rejected that idea.

Firing Mittermeier would make her “a scapegoat” for Measure F, the anti-airport initiative that was overwhelming approved by Orange County voters, said Wilson, who is part of the board minority that opposes an El Toro airport.

He said he saw her prospective departure as a veiled attempt to resurrect a failing airport planning team by hiring a new manager.

“Firing Jan Mittermeier would have only paved the way for the board majority to create a new El Toro process that would be worse for South County,” he said. “In fact, provisions in her current contract prohibit the county from establishing an alternate authority for airport planning.”

Spitzer, who backed Mittermeier’s termination as a way to restructure a more open planning process for El Toro, was frustrated by the vote. He said the board failed to take advantage of an opportunity to resolve constant complaints over Mittermeier’s handling of the job.

“The board is in an abusive relationship with the CEO,” Spitzer said, “and the only way to get out of an abusive relationship is to walk away.”

He added that he will not go into a closed session again on Mittermeier’s performance, creating speculation about her fate.

“It’s time to stop crying ‘wolf’ in Orange County,” he said.

Silva expressed confidence in Mittermeier’s ability. He acknowledged personal clashes with Mittermeier, but said the two have “had very good working relations.”

Smith, who forced the closed-door discussions, declined comment after the vote.

Coad, considered by many to be the swing vote that saved Mittermeier, had praise for the beleaguered executive.

“A lot of people think the only thing Orange County does is the [El Toro] airport,” Coad said. “But Jan is a good executive. She’s focused, intelligent and on task and Wall Street respects her because she has the credentials.”

*

* EL TORO STILL ON HOLD

Wary board halts planning until after Measure F ruling. A18

* HOUDINI OF COUNTY HALL

Dana Parsons marvels at Mittermeier’s latest escape act. B3

(BEGIN TEXT OF INFOBOX / INFOGRAPHIC)

Profile: Jan Mittermeier

Position: Orange County executive officer

Age: 60

Residence: Huntington Beach

Education: Bachelor’s degree in accounting and master’s degree in business administration from Cal State Long Beach; certificate in executive management, UC Irvine

Hometown: Toleson, Ariz.

Family: Husband, Ron; two grown sons

CAREER CHRONOLOGY 1974: Hired as an entry-level auditor for Orange County at $12,000 a year. Went on to head internal audit division.

1987: Became assistant director of John Wayne Airport where she helped oversee $310-million expansion.

1990: Appointed airport director by the county Board of Supervisors.

1995

* July: Hired as interim CEO to replace William J. Popejoy, who resigned after clashes with the Board of Supervisors after fallout over the 1994 bankruptcy.

* September: After a nationwide search, Mittermeier is hired as the county’s permanent chief executive for $140,000 a year.

1996

* March: Board of Supervisors holds a closed-door performance evaluation of Mittermeier in response to county officials’ complaints about her “autocratic” style. No action is taken.

* November: Board of Supervisors approves her county government overhaul plan to cut 241 jobs and save the county $11 million in administrative costs.

1997

* Dec. 3: Survives an attempt to remove her as leader of the team working to convert El Toro Marine Corps Air Station into a commercial airport. The effort stemmed from her refusal to provide Supervisor Thomas W. Wilson, an airport opponent, with information on El Toro-related lobbying trips planned by county officials.

* Dec. 10: Survives an effort led by Wilson and Supervisor Todd Spitzer to decrease her powers and change her title from county executive officer to county administrative officer.

1998

* October: Accepts a new, three-year contract that reduces her authority to select top county managers but raises her salary from $148,000 to $160,000 per year.

* November: Listed among Governing magazine’s top public officials of the year.

1999

* June: Board of Supervisors holds a closed-door session to discuss her performance in the aftermath of her attempt to fire a well-regarded department head without notifying the board and for refusing to provide a reason. The official changed jobs instead. No action is taken.

2000

* April 4: After word leaks out that Mittermeier had interviewed for a deputy director position at Los Angeles International Airport, the Board of Supervisors orders her to appear before them at a closed-door session but again takes no action.

* April 11--Board of Supervisors holds a closed-door session to discuss Mittermeier’s performance. She avoids being fired by a 3-2 vote.

Source: Times reports; researched by Times Librarian SHEILA A. KERN

JANICE JONES DODDS / Los Angeles Times