Lawsuit over Miesen appointment settles

Nearly a year and a half after a lawsuit was filed against Chula Vista over the appointment process of Steve Miesen to the City Council, those who filed it agreed to settle.

In exchange, the city has agreed to pay $125,000 in attorney fees, a reduced amount, according to city officials, who said the full amount was not disclosed to them.

A joint statement released Tuesday by the city read in part: “In an effort to best serve the citizens of Chula Vista the parties have agreed to resolve their differences and dismiss the lawsuit…to end the cost and expense of the litigation and to move the city forward, the parties have agreed to end the case.”

The parties reached an interim deal on the City Council appointment complaint in May last year when they agreed not to fill a council vacancy the same way in the future.

The move reflected a temporary agreement between the parties until the case was resolved.

The crux of the lawsuit filed by Chris Shilling, chairman of the city’s Ethics Commission, was expressed in a letter of intent to sue the city, which challenged the validity of Miesen’s appointment under state open meetings laws.

The Coast Law Group and San Diegans for Open Government joined Shilling in his complaint.

Specifically, the complaint alleged that the City Council violated the Ralph M. Brown Act when it narrowed the field of applicants where individual council members noted their nomination to the City Clerk outside of a public meeting.

As part of the settlement, the city agreed to do things differently in the future, by applying the same process it uses to fill boards and commissions vacancies to the City Council, with all steps of the appointment process happening in the open.

In December 2014 and January 2015 meetings, the City Council discussed the process it would use to select someone to the vacated seat.

Miesen was one of 44 candidates who applied for the council vacancy left when then-Councilwoman Mary Casillas Salas was elected mayor in November.

During a council meeting on January 12 after several failed motions to appoint others to the seat, four City Council members agreed to select Miesen to fill the position on the dais.

Shilling said he believes significant portions of the council’s deliberations did not occur in public as required by law. When the city failed to address Shilling’s concerns, he and San Diegans for Open Government (Plaintiffs) filed a complaint in the San Diego Superior Court against Chula Vista requesting a judge declare the city’s appointment process illegal.

The Chula Vista Board of Ethics sought the investigation after council members appointed Miesen.

An outside lawyer representing the city’s ethics board suggested the matter be taken up by the California Fair Political Practices Commission.

The commission in August last year declined, saying the complaint was outside the scope of the state agency’s responsibility.

Despite the agreement to dismiss the lawsuit, the parties still maintain their original positions.

The city denies it violated the Ralph M. Brown Act and remains adamant that the appointment process was open, transparent and legal.

“It’s unfortunate that public resources had to be used to defend a lawsuit challenging an appointment process that was legal, fair and accessible to the public at every stage...That being said, we are happy to have that matter behind us, with an updated appointment process that everyone accepts.”

Plaintiffs believes the changes to the city’s appointment process are necessary to bring it into compliance with the Brown Act.

“The city had to change it procedures for how it’s done business and that’s always be our long term goal,” said Marco Gonzalez, partner with Coast Law Group who represented Shilling and San Diegans for Open Government. “Everything happens in the open so there’s no longer an opportunity for the candidates to be weeded out behind closed doors.”

Shilling’s complaint was one of several to follow Miesen’s appointment. Two ethics complaints were filed by separate citizens requesting that the state attorney general or outside counsel review Miesen’s appointment.

The main argument was that a conflict of interest existed due to his position as a division manager with Republic Services, the trash and recycling company that the city contracts with. The city’s Ethics Commission dismissed the complaints in March. Shilling recused himself from that decision.

In addition, Chula Vista resident Jill Galvez filed a complaint with the attorney general and the Fair Political Practices Commission earlier this year, stating that Miesen’s dual roles are incompatible and he should resign.

Miesen’s term ends in November. He’ll be replaced by whoever wins the Nov. 8 election for District 4.