SOUTH LAKE TAHOE — Recently hired city attorney Jacqueline Mittelstadt will remain on paid leave until at least Oct. 20, when the South Lake Tahoe city council will discuss her future during a closed door meeting.

The city council made the decision to hear the item about Mittelstadt's punishment or dismissal on that date following a bout of legal wrangling between Mittelstadt and attorney Dick Whitmore at Tuesday's city council meeting.

Whitmore has been retained as an advisor to the city regarding Mittelstadt's potential dismissal.

The city council reportedly asked Mittelstadt — who was hired by the city in May following the retirement of Catherine DiCamillo — to resign during a closed session meeting on Sept. 3.

She declined.

Also at Tuesday's city council meeting • The city council approved a closed session meeting for their Nov. 3 meeting to “discuss the behavior of the city manager.” • Although a potential site has not been determined, Target has expressed interest in locating a store in South Lake Tahoe, said City Manager David Jinkens.

Open vs. closed meetings

What led to the city council's request for her resignation remains unknown, but Mittelstadt has the option of having the discussion about the request be heard in either open session or closed session.

Although she initially requested a closed door meeting to discuss the matter, when she found out the city would not record the meeting she requested on open session on Oct. 2, Mittelstadt said Tuesday.

But discussion on Mittelstadt was not changed from a closed session item to an open session item on Tuesday's meeting agenda.

Mittelstadt contended that having the discussion heard in open session when it was listed as a closed session item on the meeting agenda would be a violation of California's open meeting laws, but Whitmore disagreed.

Whitmore expressed concerns about the possible release of a recording of the closed session meeting, but he also argued the city council could legally hold the discussion on Mittelstadt in open session on Tuesday if they chose to.

After several exchanges between the attorneys and the city council, the council voted 5-0 to hold the meeting during a closed session with a court reported present on Oct. 20. Whitmore and an attorney representing Mittelstadt are expected to discuss details of restrictions on the release of the meeting's record prior to Oct. 20.

Mums the word

City councilmembers have not detailed the reasons behind Mittelstadt's possible dismissal.

“In the issue of terminating Jacqueline, the council is severely divided,” said councilman Bill Crawford. “I'm in favor of buying the contract to relieve the pain on both sides of the issue.”

Councilman Hal Cole said he thought the action the council was taking was “warranted,” but declined to comment further, he said, out of respect for Mittelstadt.

Councilman Bruce Grego said he could not discuss the matter, or confirm that Mittelstadt had been asked to resign.

“There's nothing I can really say,” Grego said.

Mittelstadt, too, declined to say what the reason was behind her possible dismissal. Mayor Jerry Birdwell could not be reached for comment on Thursday afternoon. Councilwoman Kathay Lovell denied comment “out of respect" for the city attorney's wishes.

At the time the city hired Mittelstadt, they also hired Patrick Enright as a redevelopment counsel and deputy city attorney. Both attorneys make $128,000 a year.

The dual city attorneys were hired as a way to cut down on the costs of hiring outside counsel. If Mittelstadt leaves, it is unknown whether the city would hire another attorney.

— Elaine Goodman contributed to this report