Fired City Official Hits Back

Ventura’s ousted cultural affairs manager has filed a legal claim against the city, alleging wrongful and retaliatory termination.

Consuelo Underwood’s claim for damages covers loss of past and future income and emotional distress, but does not specify a dollar amount.

“It’s the right thing to do,” said Underwood, who was fired in April after only 10 months on the job. “It’s an important action to take for people to realize that there are some serious problems.”

The city plans to file a written response denying Underwood’s allegations within the next few weeks, officials said. The city has 45 days to respond.

“We do not agree with the claim,” said Linda Kegerreis, the human resources director for the city. The city’s reason for dismissing Underwood is simple, Kegerreis said. “She did not meet the overall performance expectations as a manger with the city.”

Underwood’s claim, a required precursor before filing a lawsuit, states that she was fired after “exposing and criticizing the city

But Kegerreis said that was not the case. Rather, Underwood “was terminated because of performance,” she said.

The claim also states that Underwood, who was hired in July 2001 following a nationwide search, exposed unethical conduct, mismanagement and an official cover-up regarding distribution of art grants. Neither she nor her attorney has elaborated on those charges.

“It would be a disservice to both parties to try this matter in the press,” said Georgianna Regnier, Underwood’s lawyer. “It’s already been aired publicly and the arts community has aired their outrage at her firing at two separate [City] Council meetings.”

One local artist said that while Underwood’s firing was unfortunate, artists are still finding open doors with the city.

“We’re not just sitting around,” said Michelle Chapin, secretary of the Ventura Artists Union. “We’re professionals, we deal with whoever goes in and out of City Hall.”

For example, Chapin said, the union is working with the city to open a contemporary art gallery in a portion of the former Banana Belt restaurant on California Street.

Jim Walker, community services director for the city and Underwood’s former boss, hopes to hire a replacement by the time the new grant distribution cycle begins next summer. He has already interviewed two applicants and will talk to five more by early next week, he said.

Once the city rejects Underwood’s claim, her attorney can file a civil suit on her behalf. But Regnier says they have not yet decided whether to do so.