Morro Bay to fire city attorney

October 22, 2013
Jamie Irons

Jamie Irons

The Morro Bay City Council decided to fire City Attorney Rob Schultz during a closed session meeting Monday.

After more than three hours of closed session discussions, the council directed its outside legal counsel, San Luis Obispo attorney Steven Simas, to negotiate a termination settlement with Schultz. The council did not provide a reason for choosing to terminate Schultz.

The council voted 3-2 in closed session to fire Schultz, with council members Noah Smukler and Christine Johnson joining Irons in supporting the termination. Council members Nancy Johnson and George Leage cast the dissenting votes.

Irons attempted to fire both Schultz and Lueker last month but faced heavy resistance. A petition to recall Irons since began currently circulating Morro Bay.

The council has not called a meeting to specifically discuss firing Lueker, but Irons has not indicated, either, that her job is safe. Firing both executives without cause is expected to cost the city more than $300,000 in legal fees and severance pay.

The contracts of both Schultz and Lueker call for nine months of severance pay, although some dispute their legitimacy.

The previous Morro Bay City Council improperly amended each of their contracts in November 2012 to include nine months of severance pay, as opposed to six months. The council did so in a closed session meeting, which violates the Ralph M. Brown Act.

Schultz, however, faults the current council for not correcting the mistake and approving the contract in open session, as he instructed them to do.

Schultz also says that his original contract contained nine months of severance pay. However, the previous council improperly lowered the severance pay to six months before raising it back to nine.

More than 100 people attended Monday’s 3 p.m. special meeting. Most public comment speakers opposed firing Schultz.


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I believe Dave Congalton will be discussing the issue this afternoon at 5:00 on KVEC 920am.

Unfortunately we are going to have to listen to lick lippin DeMerrit

good one, givemeabreak!

Join the recall, to clean up City Hall

good rhyme, palican1 – they took mine off.

Honestly, I can believe the town is this shady. Let’s put it this way; sometimes you perform a service and they just decide not to pay you. Twice I’ve been left holding the financial bag.

Never again.

What kind of service? Lawyerin’ or sealcoating?

How do you terminate an employee on Monday and then get him to work til midnight on Tuesday a 16 hour workday. Amazing. The professionalism of Schultz to remain and show respect to these idiots is mind blowing.

if It was me they did that to, i”d a called in sick or said my truck broke down.

How about when they presented Ms. Lueker with an award just shortly after they announced they wanted to terminate her.


Do the recall supporters wish we were still attempting to build the wastewater treatment plant by the beach?

Absolutely. The cost to move it, acquire the property, and pump the waste up the 41 to the proposed location is prohibitive. Who will pay for it? Oh wait, the property owners will. I forgot, property rights don’t matter in Morro Bay.

Our sewer plant has been “on the beach” and worked just fine for many many years. LONG before the birkenstock movement had shown up.

The existing location was never going to get permitted. Just keep throwing money at it?

Really? You have been part of the negotiations with the regulators? You are an expert at Public Planning but you just choose to post on a blog? Why not lend your expertise to the cause and maybe even get hired by the city to help solve the problem? It certainly seems that you have expertise that I lack, or is it something else that everyone has, an opinion?

This isn’t about you, probiz. I love what you say, but i’m just sayin.

I am guessing that you think this is about you from your response, but, my reply was to public_parent. Sorry that I didn’t make it more clear.

I’m just sayin is all.

Yes, they do. Their motto is: “Never save today what you can spend tomorrow.”

You know what I mean.

Yep….right near the Morro Bay High School….or do you all wish to move that too?

I say move ’em all. Move the high school, move the sewere, move Opec Circle. switch ’em all around about once every 5 years.Move the sewere to whare the circle is, move the circle to where the high school is, and move the high scool out to the Mudd Flats. That way no one gets used to em bein one place.

It’s time to negotiate a termination settlement wit Irons…no need to provide a reason.


Best commenter of the night was this Crowley fellow. He really gets to the heart of it – Morro Bay IS CHANGING and these people who have run it for so long are so scared, and want their way so badly that they are salivating all over the slight chance of a successful recall. They could have their way at the next election, the possibility of a big victory, if they just sucked it up and got behind a candidate now, raised some money, instead of wasting their time with this recall but they are so clouded by vengeance that they can’t think straight. Their real fear is that he WILL be re-elected and he will be the first in a long line of mayors to come that are NOT like them. Like the Republicans on the national level, everything is react, react, react – make it all personal, not about the issues. I hope they keep doing it. I’m ready to see this town represented by the populace for a change. If someone asks you to sign the recall petition, tell them to quit wasting your time and to suck it up and try winning an election.

Irons is clearly a 1-term candidate. His chances for reelection are nil. You know that, I know that. The problem is that when he loses the July election, he has six months as a lame duck to further foul the waters. A successful recall would stop his agenda immediately, with no lame duck period.

What’s the agenda?

Good question, givemeabreak2. Notice how it remains unanswered?

That is really what you think? Morro Bay is changing? Do you think people bargained for diminished property rights? Why do you hate successful people? The issue isn’t getting behind a candidate successfully. If Irons continues in office and loses in June, he has his remaining term in office the voters having no leverage over him as he will not have the pressure of an election coming up. That will free him to make decisions without impunity. That is the issue. As far as personal, you are the one that made this personal. Why is it that personal attacks are okay when it comes to your opinion (the motives of “these people” yet when anyone disagrees with an action that it is a personal attack. As far as the Republican issue goes, I always get a chuckle at people that attack those that believe in individual liberty, lower taxes and less government. They usually are on the receiving end of government benefits and don’t want them to end.

Great. Now make these points at election time like the Irons people did. Wait, don’t. Keep doing what you’re doing.

The Crowley fellow needs to get his meds adjusted.

See. Always with the personal. Every time you do that it’s like a concession, but I hope you keep doing it. As for lame ducks, wasn’t Yates a lame duck from June to January of last year?

Watched the entire meeting last night and I note that irons is starting to unravel. The began when one of his minions, Dicodati flashed up some numbers about the overwhelming number of votes that irons got in the election (comparing apples to oranges) and intended to deceive, but boy howdy did he get CAUGHT! – as one of the other public commenters stated – numbers can lie and liars can use numbers. Then I am sure irons was disappointed that the parking in lieu per space number wasn’t reduced from its current 15K – this makes his plan to develop one of the many properties he owns downtown much more expensive. Than, irons get caught about not putting in the “not to exceed amount” of $12,500 in the outside attorney contract. He tried to push it through saying that the City Council will “keep track” of the expenses. Imagine a contract brought forward by a staff member with no actual dollar amount – think that would fly?. And the end, a request from member Nancy to bring back a report on how $3,500 was spent on another outside attorney in April or May and then she also asked – btw….can you also include what you have racked up to date with the current outside attorney. It took real fortitude to watch the whole thing,but wow, unravel….unravel….unravel……

“Oh what a tangled web we weave, when first we practice to deceive.”

That really doesn’t sound like an individual unraveling. It sounds like a commenter trying desperately to link things together that may or may not be related. .

Let’s see, who has been in litigation with the city for quite sometime?

Bet I know who funded the $3500.00 for the attorney in April.

I didn’t attend the meeting last night so I would not know about Irons “unraveling.” I would bet that those that have attended meetings in the past would have a good idea of what that looked like from Ms. Winholtz’s days on the council.

As mayor of the Munchkin City

In the county of the land of Oz

I fire you Rob, most regally

While not legally

My council does agree

With disregard for the community

MY RECALL is a necessity.


I would but i heard that if you do, and the recall fails, they can put YOUR name on a list for more taxes.

I don’t know if that is true or not, but, why would you care? Are you not entitled to your opinions?

Yure right – i am, probliz, but I get worried about my taxes and Freedom of religon, and my hunters’ right. i Don’t whant them taken away by a List.