Former Civic San Diego financial officer says he was fired after finding accounting discrepancies

Former chief financial officer for Civic San Diego, Robert Avery, says he was wrongly terminated after raising concerns with questionable expenditures at the city-owned non-profit.

Civic San Diego is a city-owned nonprofit which oversees the dissolution of San Diego's former redevelopment agency as well as administers permitting and planning services for downtown. In recent years numerous lawsuits have been filed against Civic San Diego, including one from a sitting board member.

On February 22, 2017 Civic San Diego's board of directors met in closed session to discuss the "discipline/dismissal/release" of a public employee. Later that day, Avery, a former chief financial officer for the state's department of developmental services, learned that he was that employee. According to documents obtained by the Reader, the chair of Civic San Diego's board of directors, Jeff Gattas, informed Avery that he was placed on administrative leave and also given information as to his severance package.

Last month, May 15, 2017, attorneys representing Avery issued a letter accusing the non-profit of violating the state's open meeting laws by not providing Avery with written notice before the meeting. According to the May 2015 letter, the Brown Act also prevents any legislative body "from holding closed sessions during a regular or special meeting to consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee or to hear complaints or charges brought against the employee by another person or employee unless the employee requests a public session."

Attorneys for Avery requested the nonprofit void its decision to fire Avery and take appropriate action to follow the rules of the Brown Act when pursuing employment discipline.

In a response letter Civic San Diego's attorneys replied that notice only needs to be provided if the complaints came from another employee and not for performance issues.

Civic San Diego has since rehired former chief financial officer Andrew Phillips who resigned in 2015.

As for Avery, he has filed a lawsuit against Civic San Diego for violating the Brown Act.