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Fairfield council delays new operator, extends downtown theater contract after weeks of public outcry

Fairfield City Council · December 3, 2025
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Summary

After months of controversy and a packed public‑comment period, the Fairfield City Council voted unanimously Nov. 18 to extend the Downtown Theatre Foundation for the Arts’ contract for two years and direct staff to negotiate a stricter agreement that includes reporting, board oversight and protections for city assets.

The Fairfield City Council voted unanimously on Nov. 18 to extend the downtown theater’s management with the Downtown Theatre Foundation for the Arts (DTFA) for two years and directed staff to negotiate a revised contract with new oversight requirements after a heated public debate over the city staff’s recommendation to pursue a different operator.

The move followed an extended public‑comment period in which dozens of residents, arts leaders and students urged the council to pause the selection process for Rogers Creative Enterprises (RCE), the staff‑recommended operator, and to investigate allegations that surfaced in recent weeks. Speakers opposing RCE described alleged financial irregularities, missing receipts, and the company’s legal letters to community members who had criticized its founder. “This council should not be discussing contracts or performance until it first addresses the attempt to suppress free speech in this chamber,” a resident said, referring to cease‑and‑desist letters several women received after Nov. 4 public comments.

Supporters of DTFA and Missouri Street Theatre urged continuity, citing the nonprofit’s track record running the 386‑seat Fairfield Center for Creative Arts, youth programming and long‑standing regional partnerships. “For 13 years, it has been one of the greatest honors of my life to serve this city through the downtown theater,” former DTFA director Day Spearing told the council, adding that displacing the foundation would “destabilize this venue and the downtown arts ecosystem.”

Council members expressed shared concerns about the RFQ/RFP process used to select a new operator. Several noted that proposers had just 14 business days to prepare detailed technical and safety plans and that the evaluation panel lacked subject‑matter experts in performing‑arts venue operations. Vice Mayor Bertani said she would not support RCE on the record, citing the absence of demonstrable venue‑management experience and the community’s submitted documentation. Councilman Tonneson urged protecting DTFA while strengthening its governance: “I would like to see a board of directors…more transparency,” he said.

Instead of approving staff’s recommendation to authorize the city manager to negotiate with RCE, the council adopted a motion to direct staff to negotiate a two‑year contract extension with DTFA beyond the existing extension through February 2026. The council asked that the negotiated agreement include, at minimum: a formal board of directors with published meeting minutes; regular financial and operational reporting (monthly ticket‑sales and revenue reports, summary of partnerships); clear contract language about ownership of the theater’s name, signage and capital improvements; enforceable conflict‑of‑interest protections; broad programming access for schools and community groups; and vetting of third‑party partners to protect the city from exposure.

Parks and Recreation Director Christina Konzinger told the council the selection process had two rounds and that RCE placed first by a narrow margin after interviews. She said staff followed the RFQ procedures set by the selection committee. Several council members, however, asked staff to revisit elements of the procurement and to include theatrical subject‑matter expertise in future vendor review panels.

The council’s direction gives staff a clear path to return with a draft contract negotiated with DTFA that responds to the council’s requested safeguards. The motion passed unanimously.