After nearly a two-year fight, a settlement has officially been reached in an open government case involving the process used in the appointment of Chula Vista Councilman Steve Miesen.
The settlement signed by Chula Vista resident Chris Shilling in March and recently by the city of Chula Vista says Miesen will get to fulfill his appointed two-year term on the City Council.
Shilling and his team of lawyers had initially sought to remove the councilman from office because they argued that his appointment, which expires in November, was unlawful.
In exchange, the city of Chula Vista has agreed to pay $125,000 in attorney fees to Coast Law Group LLP, the firm which represented Shilling.
The city has also agreed to permanently adopt its interim process when appointing individuals to the City Council or on various boards and commissions.
The interim process, which will become permanent once the city amends the municipal code within the next 45 days, includes publicly interviewing any and all candidates for a vacant seat on the City Council or on several commissions.
“I am happy that we achieved a resounding victory for open government in the city of Chula Vista,” Shilling said. “The city will never again be able to break the law and vote in secret.”
Shilling agrees to drop his lawsuit and withdraw a public records request asking for emails and all electronic communication from the mayor and council members filling the vacant City Council seat.
Shilling and San Diegans for Open Government sued the city of Chula Vista on Feb. 23, 2015, for allegedly violating the Ralph M. Brown Act — the state’s open meeting law — over the process used to appoint Miesen to the council.
Shilling contended that council members and the mayor held a serial meeting with the city clerk by emailing their list of finalists to the city clerk.
Miesen was appointed to the seat left vacant by then-Councilwoman Mary Salas, who was elected mayor in November 2014. Forty-four people applied for the open seat and only eight reached the final round, including Miesen.
Attorney Marco Gonzalez with Coast Law Group who also represented Shilling said the settlement is a victory for open government because now Chula Vista will have to conduct appointments in public.
“It also means politically people are watching them and if they misstep they will get sued,” he said.
In a joint statement released Tuesday by the city both parties said they settled the case because it was in the best interest of the city to do so.
“Neither plaintiffs nor the city concede the validity of each other’s legal positions by entering into the agreement to dismiss the lawsuit. The city denies that it violated the Ralph M. Brown Act in any way. Plaintiffs believe the changes to the city’s appointment process are necessary to bring it into compliance with the Brown Act
“However, in an effort to end the cost and expense of the litigation and to move the city forward, the parties have agreed to end the case.”
“It’s unfortunate that public resources had to be used to defend a lawsuit challenging an appointment process that was legal at every stage,” Chula Vista City Attorney Glen Googins wrote in a separate statement. “But since plaintiffs sought to invalidate the process, and require a special election instead, such a defense was necessary. (At the time a special election could have cost taxpayers $1.2 million). That being said, we are happy to have that matter behind us with an updated appointment process that everyone accepts.”
Miesen’s term ends in November.
