YORBA LINDA

Arguments over legal procedures could cause the four-member City Council to deadlock tonight during a closed session hearing on whether to fire City Manager Arthur C. Simonian, who has been accused of financial malfeasance.

Mayor John Gullixson asked that the matter of whether to terminate Simonian’s employment be put on the agenda. Simonian had been given legal notice about the hearing last week and had the choice by law to have a closed or public hearing.

Officials said he has opted for a private hearing. Councilman Mark Schwing said the mayor violated proper procedure by asking the city’s special counsel to give Simonian legal notice of the hearing without first taking the matter to the council to consider.

“A council member can agendize an item, but cannot ask counsel to type up a three-page notice paid for with city money without consulting the rest of the council,” he said. “That is just not right.”

Simonian, who has denied any wrongdoing, was fired by the council in September and was later reinstated when a Superior Court judge said the city did not follow the proper steps to terminate him.

The city is suing him for $300,000 he allegedly took without council authorization. He is now on paid administrative leave and is suing the city to get his job back.