Senior center deal hung up on legal issue

Costa Mesa Senior Center representatives went toe-to-toe with municipal officials Tuesday over the issue of legal responsibility once the city takes over the financially ailing center.

Senior center board members took issue with the portion of the indemnity clause in the draft agreement with the city that holds the board accountable for any lawsuits that may arise from layoffs.

Board member Joan Weeks pushed for the city to amend the clause so that the board would be protected against personnel lawsuits, contending that the decision to terminate employees rests with the city.

One condition of the city’s takeover is that the board lay off employees, who would be replaced by city-selected staffers.

“There’s no reason for us to be responsible for things the city is doing,” Weeks said.

However, city officials reject this argument, pointing to their exclusion from, and lack of voting rights in, closed-session meetings where the layoffs are being discussed.

“Asking the city to take on the responsibility for your employees is going to be a difficult one for the [City] Council to approve,” said Tammy Letourneau, the city’s assistant chief executive and administrative services director.

The council will vote on the agreement once negotiations with the center are complete.

Municipal officials and center board members drafted the deal, under which City Hall would take over almost all of the center’s finances and operations.

If accepted, the contract would have the city absorb several senior center functions, including staffing, distribution of its newsletter, maintenance of the building and activities and programs.

Jim Fisler encouraged his fellow board members to approve the agreement during Tuesday’s meeting. He stressed that the senior center’s financial problems have made it necessary for the organization to rely on the city’s assistance.

In order to further protect the senior center board from potential lawsuits, Fisler motioned to approve the agreement with an amendment specifying that money earned by renting out the center for events could be used to pay for insurance.

However, the motion was struck down on a 4-3 vote, with Ron Frankiewicz, Arelene Flanagan, Joan Weeks and Paul Flanagan dissenting.

“We have to continue discussing anything the board members don’t feel comfortable with,” Frankiewicz said.

Members ultimately voted 5 to 2, with Barbara Echan and Sue Healey dissenting, to amend the draft agreement as Fisler called for but also run the change by the board’s attorney before moving forward.

The board will hold an emergency meeting within the next month to review the document again. The date of the meeting has not yet been determined.