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Public presses National City leaders after $10 million verdict; council moves to closed session

National City City Council · April 1, 2025
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Summary

Public commenters condemned the city's handling of harassment claims that led to a $10,000,000 jury verdict and pressed the city to explain outside-lawyer hiring and a $9,400 payment; the council went into closed session to discuss the Cummins litigation and the city attorney's performance.

National City public commenters on Monday pressed elected officials to explain how the city handled employee harassment and discrimination claims that resulted in a $10,000,000 jury award in Cummins v. City of National City.

At a special council meeting called by Mayor Morrison, residents — including former city attorney Michael Geary and multiple people who identified themselves as neighbors or complainants — accused city leaders of failing to listen, questioned the selection of outside counsel and asked whether taxpayer funds would cover the judgment.

"You're not listening when the people bring problems to your attention," Louisa McCarthy told the council, referencing the verdict. "The jury reached a different verdict than you because they listened and did something." McCarthy and other speakers urged officials to consider whether the city had taken effective action when complaints were raised.

Former City Attorney Michael Geary — speaking from his experience in municipal litigation — said the city erred by not hiring higher-level outside litigators for large, complex cases. "The mistake is to blindly support the individuals that were involved and not to bring in legal counsel that are really capable of handling a case of this size and dimension," he said, warning of long-term financial consequences.

Several commenters directly questioned the conduct and judgment of the current city attorney, identified in public remarks during the meeting as Barry Schultz. Commenters alleged he repeatedly used his previous law firm for city legal work and that the city had paid to defend him in at least one matter. "Why use over $9,000 of our taxpayer money to defend a state bar complaint against him?" Liliana Armenta asked, requesting the public record explaining the hiring of Devaney P. Morris to represent the city.

Paul Wabnowski urged the council to explain a payment of $9,400 that he said the city manager authorized to the city attorney and cited potential conflicts under government code. "Please explain the justification for the $9,400 payment, authorized by the city manager, to Mr. Schultz," he said.

Other speakers focused on the potential financial impact of the verdict. "What do we — how are we gonna cover the $10,000,000? Do we have an account for this?" asked Edward Neto, adding that the award would be a significant portion of the police budget.

After the public comment period the mayor turned the meeting over to the city attorney, who introduced two closed-session items: conference with legal counsel regarding the existing litigation Cummins v. City of National City, and a public-employee performance evaluation of the city attorney. The council moved into closed session.

When the council returned briefly from closed session, the city attorney said the city "acknowledges the jury's verdict in that case involving Ashley Cummins, wherein Ms. Cummins was awarded $10,000,000 in damages following claims of harassment and discrimination." The city attorney said the city is "extremely disappointed" with the outcome, is "reviewing all of the legal options including a possible appeal," and that the city would assess lessons to improve workplace culture and uphold professional standards.

The mayor adjourned the public portion of the special meeting and said the council would recess briefly and then continue in closed session to continue discussing the legal case and the city attorney's performance. No formal votes or personnel actions were reported in the public session.

What's next: The council did not announce a timeline for any appeal, public report, or additional public hearings; speakers who asked for documentation of outside-counsel selection and clarification on payments said they expect the city to provide records and explanations in follow-up communications.