There has been a longstanding rift between the City and the Senior Center over a facility rental contract. And despite months of discussions, with both sides stating their case, the problems between the Fillmore Senior Center Inc. (FSCI) and the City of Fillmore has only grown wider. The latest problem is a threatened lawsuit led by FSCI President Patti Walker, if the Center’s rental contract with the City is not renewed.

And with almost $130,000 already paid out in settled claims by two now former employees for “harassment suffered by Board members at the center” the City has taken action to correct the inappropriate environment.

Rental Contract:
The rental contract involves the Multipurpose Building/Senior Center which belongs to the City as a result of the dismantling of all former Redevelopment Agencies assets as required by the State. To oversee the asset disposal process the County of Ventura created an Oversight Board. Members of that Board are Walker, Dr. Mike Bush, Shannon Godfrey, David Keebler, Janice Turner, Vice Chair Jeff Burgh and Chair Rick Neal.
Back on November 18, 2014, during a City Council Meeting's closed session, the FSCI rental agreement was discussed. Those discussions resulted in a letter dated November 20, 2014 informing FSCI "....(T)he City's financial situation has improved such that the City is now able to provide new services to residents. Some of these new services include the expansion of park and recreation classes including classes for seniors. For this reason, and because some of the City-sponsored activities and classes being held at other venues have outgrown their current location, the city desires to retake full time possession of its multipurpose building......the City hereby gives FSCI notice of termination of the two agreements effective July 1, 2015."

Walker Letter:
On November 26, 2014 FSCI President Walker sent a letter to the Fillmore Council alleging the discussions of the rental contract in closed session were a Brown Act violation and demanding that the Oversight Board decides whether the rental contract should be renewed or not.

City Response:
On December 2, 2014 City Attorney Tiffany J. Israel responded in a letter to FSCI, "This decision will be taken to the Oversight Board....the City is not required to wait until direction from the Oversight Board to initiate such a decision. Accordingly, the City's notice to the FSCI will not be rescinded."

The City had already started working on enhancing the offerings at the Center as they had stated they would. Noticing FSCI only offered Spanish classes, in late September or early November 2014, the City arranged for volunteers to teach English as a second language and began exploring other offerings.

Dispute Over Fees:
At the December 9, 2014 Council Meeting, Walker confronted the Council claiming the new English classes encroached on areas used by the seniors and voiced her displeasure with the Council not waving the fees (an agenda item for that meeting) for events such as Bingo.

The City had waived the fees for the fiscal year July 1, 2013 through June 30, 2014, but at that time, FSCI had not paid the most recent fees ($750 total) from July through December 2014. FSCI did not request an extension of the fee waiver until late October 2014 and then asked the Council to waive the $75 per evening rental fees and $175 daily fees for the second half of 2014 and for the events between October and December 2014. The total of all costs FSCI asked be waved was $2,350. The City then decided to waive all FSCI fees between July 1 and December 26, 2014 and not waive fees for December 27, 2014 through June 20, 2015.

City Decision Criticized:
During that December meeting the FSCI members were not happy with the Council's decision on which fees they would and would not waive and a number of speakers addressed the Council. One was Marie Wren, who called the Council "tacky" and added, "You haven't handled it well," accusing them of being dishonest and that "...the fees we're asking to be waived are a petty amounts." Walker, then accused the Council of not giving them what FSCI wanted because the Council was retaliating against FSCI for her being elected their President. Claims were again made that the Council was not following the law.

Alleged Brown Act Violation:
Eight days later on December 17, 2014 the City received a letter from former Council Member Gayle Washburn, resident of Santa Paula, threatening a lawsuit citing the lease/contract discussions held in closed session were a Brown Act violation. There were also accusations that the Council had not disclosed the date and time when the lease discussions would take place.

However, lease discussions had been properly announced on the Council Meeting Agenda each time the issue of the rental contract was to be taken up in closed session. Discussions between FSCI and the City continued for months, with both sides defending their position.

Council Member Rick Neal responded stating the rental/contract item was posted on the November 18, 2014 agenda and that real estate issues are always discussed in closed session, to which City Attorney Tiffany Israel added that real estate items must be discussed in closed session.

Past Lawsuits & Settled Claims:
The City had faced a number of big problems with FSCI in recent past. There were claims of harassment at the Center against FSCI Board members from two now former employees. To settle that problem the City paid out almost $130,000 and hoped that would be the end of it.

Then, not too long after the City paid out the $130,000, in April 2014 another potential problem involving the FSCI Board and claims of harassment came to the City's attention.

The City interviewed those involved in the most recent complaints of harassment. The allegations included inappropriate sexual gestures by one Board member and unnecessarily rude comments by two other Board members. One example of the harassment alleges a Board member said to a volunteer, while shaking his hips, "I can do this naked." (Aleshire & Wynder LLP, Attorneys at Law, April 14, 2014, Re: Use of the Fillmore Senior Center. Addressed to then FSCI President Donna Voelker)

Cease and Desist Order:
This prompted City Attorney Tiffany J. Israel to send a Cease and Desist Order to then FSCI President Donna Voelker. The letter stated as a result of "(S)everal members of the Fillmore Senior Center, Inc. (the "Board") have been acting inappropriately at (the "Center") .....immediately advise all members of the Board that they must cease and desist making intimidating and harassing gestures and comments to City employees and volunteers and visitors to the Center and that you confirm in writing to the City Manager no later than April 21, 2014 that this directive has been shared with all Board members and that arrangements have been made for training to prevent future allegations of harassment."

Preventing Discrimination and Harassment Training:
The City takes harassment allegations seriously. Last month on January 21, 2015 the City held a joint meeting with the Successor Agency, Film Commission and Planning Commission on Preventing Discrimination and Harassment Training. The training was presented by the California Joint Powers Insurance Authority. The issues of liability were also discussed.

Closed Session:
On February 10, 2015, during a closed session, the City Council/Successor Agency addressed the rental contract for about 20 minutes. They then broke to return to the dais to hear from the public wanting to speak on the issue. Attorney Richard Francis, representing FSCI, addressed the Council saying FSCI was in proper order and had done a superior job, stating numerous times, "If it isn't broke, don't fix it." The Council then excused themselves from the dais returning to closed session to continue discussing the issue. After an additional two hours of discussions the Council returned to the dais and announced that the January decision to terminate the lease still stood.

When explaining their reasoning for the decision, each Council Member spoke. Council Member Diane McCall was first saying she recalled speaking with others in town who described the FSCI as a kind of "clique" and they did not feel welcome there. She then mentioned a personal experience she had had at a recent FSCI open house stating, "I never felt so unwelcome, it was so uncomfortable" and mentioned the disparaging looks she received for some FSCI members. She acknowledged there were a lot of good things going on, ending her statement with, "It was not an easy decision." McCall later stated that it is the City's goal to enhance the offerings at the Center and make it available to all seniors, not just a select few.

All of the Council Members voiced their concern over the liability from charges against the FSCI Board and the payout used to defend the City from what could have been an even larger lawsuit due to the charges. Caution became even higher when without much time having passed, the City received more accusations of sexual and racial harassment against FSCI Board Members.

Oversight Board:
The following day, Wednesday, February 11, 2015, a Special Meeting of the Successor Agency Oversight Board was called. Five Board members attended: Dr. Mike Bush, Janice Turner, Patti Walker, Jeff Burgh and Chair Rick Neal.

Three agenda items were presented to the Oversight Board by Frank Catania. But it was the third item, the Adoption of Resolution 15-09 Approving Non-Renewal of a lease with Fillmore Senior Center, Inc. for Management of the Fillmore Senior Center, which caused contention, and had Board Member Walker asking questions.

Walker began her questions with, "Has the property management been approved?" Catania responded, "It is still under consideration. We're supposed to look at the best interest to the taxing entity." The City and Successor Agency have a fiduciary responsibility to see that the assets used acquire the most beneficial gain to the public.

Walker then asked, "What are the financial benefits?" City Manager David Rowland answered, "There's a benefit of the enhanced programs to the community." Walker then retorted, "That's money going out." Rowland responded, "Not necessarily, there's the use of volunteers."

Walker then alleged the FSCI had not received the required 180 day notice.

To which Rowland replied, "It was sent out in November." Walker then accused the City of not following the letter of the law, implying there was a Brown Act violation, and eluded that a lawsuit would be on the way.

Rowland then stated that according to the City's Attorney there had not been a Brown Act violation.

Bush seemed puzzled by what had just transpired and asked Catania why this item was being brought before the Oversight Board. He was told it was due to a Health Code law that requires the Board to voice a yes or no vote regarding rental contracts.

Burgh asked if loosing the rent from FSCI ".....is that the cost?" It was explained that the rent paid by FCIS is no greater than the rent the building could bring in if rented out to others.

The Board then asked if the Successor Agency would need a lease with the City and was told yes, "Probably some sort of agreement."

A Board member made a move to vote on not renewing the lease agreement with FSCI. Three of the four remaining Board Members agreed with one dissenting vote by Walker.