Milligan's "whistle-blowing" campaign in Costa Mesa

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Marianne Milligan, who is challenging City Attorney James F. Penman in November, has brushed aside most questions regarding legal tangles with her boss at her former job in Costa Mesa. She has not offered much in the way of explanation, other than to say she acted as a "whistle blower" on wrong-doing in the office and that part of the legal conclusion stipulated that she couldn't discuss some details ...

The Sun has obtained a copy of a Mutual Release and Settlement Agreement reached in Costa Mesa in October 2003. In it, Milligan is referred to as Marianne Reger, aka Marianne Milligan. The agreement was the resolution of a suit Jerry Scheer, former city attorney for Costa Mesa, brought against "the city," a cluster of defendants including councilmembers and Milligan.
The city agreed to pay Scheer $750,000.
Today, Costa Mesa has effectively junked its city attorney's office, opting instead to contract legal services out to private firms.

The following is an excerpt from an Orange County newspaper, the Daily Pilot, in 2005:

"The lawsuit is based on a series of events starting in July 2001 when Senior Deputy City Atty. Marianne Milligan -- then going by the name Marianne Reger -- filed a written complaint against Scheer containing a number of accusations. Scheer was eventually cleared of the allegations by an independent counsel and independent
investigator in April 2002.
But in September 2002, Scheer was placed on administrative leave pending an investigation. The council decided the matter in a closed session, without Scheer present and did not let him ask to have grievances against him discussed in an open session. That meeting was deemed a violation of the Brown Act -- the state's open meeting law."

Later, in April 2003, Scheer filed suits alleging age discrimination, slander and defamation, among other charges.

As part of the settlement, the City Council agreed to issue a proclamation thanking Scheer for "his years of dedicated service." Also as part of the settlement claim the city maintained denial of all claims against it made by Scheer.

In sum, there was an ugly legal battle in Costa Mesa and it appears to have started when Milligan - then going by a presumably married name, since she is now divorced - filed complaints against Scheer, her boss. Scheer was cleared of the charges by independent investigators a year later.

The city lost a lot of money to Scheer, and the office was effectively dismantled.

Milligan came to San Bernardino, where she got a job in Penman's office. By her account, things started smooth, then soured after he lost his bid to be mayor. She was demoted by Penman - she said the official reason was "poor performance" - and soon fled to the Code Enforcement division, where she has won rave reviews from her new boss, Glenn Baude.

Major questions here are why was Scheer cleared of Milligan's charges if those charges were, as she contends, legitimate? The next question would be why did Penman hire Milligan fresh off this legal imbroglio? Did her other name, ie. Reger, play a role?

If the city attorney's office knew less than the full truth because of the two names, one would presumably place blame on both sides: Milligan for not making her prospective employer aware of the name and the prospective employer not investigating thoroughly enough. It should be made clear that no one has said there was any deception or lack of full disclosure, but until someone says otherwise, it is a question.

Questions that will almost surely find fuller voice in the coming weeks. Stay tuned.


2 Comments

Joe Ortiz said:

To. The Miiligan-Morris Camp...What do you have to hide? Could this give those who are informed and actually vote the reason why one of the last cities you worked for had to start outsourcing all the work formerly done by that city's City Attorney's office? Why would a former judge who is now a rookie Mayor of San Bernardino have as a motivation to introduce such a candidate to oppose our 20 year plus experienced Jim Penman> Is it perhaps that no other candidate could be found that would play ball with the Mayor's Camp in whatever they have coming down the Pike that would need some lawful scrutiny?
Jim Penman has nothing to hide and also has the guts to confront wrongdoing no matter how high the office holder is in our City. He needs help in his office, not distractions or detractors. Vote for Jim Penman

Susana Atanasova said:

Joe,
It has taken us this long to attract a person with the confidence, abilities, and experience to take on The Terror of San Bernardino City Hall, aka Jim Penman.
Now that *od, in His own good time, and His own way (Had Jim Penman practically serve his own last rites ~ *od is SO subtle, but, as the saying goes, "to be found in the details".), has afforded us an opportunity to change the one constant in all these years of change in City Hall ~ and finally try things in a new, more promising way, you will find yourself hard-pressed to find a better, more inspiring activity than the promotion of the Marianne Milligan for City Attorney campaign.

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This page contains a single entry by Robert Rogers published on September 17, 2007 11:48 PM.

Key EDA expenditures mulled on Monday was the previous entry in this blog.

Interesting note on secret 9-1-1 tapes at Monday's Council meeting is the next entry in this blog.

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