CHULA VISTA – The Chula Vista city manager, who has been admonished by the City Council for spending too much time on personal Internet use, was asked to resign in a previous job in part because he engaged in a relationship with a subordinate.

Chula Vista City Councilmen Steve Castaneda and Rudy Rameriz said this week that the council should debate whether to keep David Garcia, who was hired a year ago.

In May, the city investigated Garcia after at least two employees complained that he was looking at “inappropriate images” in his office at City Hall. He was reprimanded by Mayor Cheryl Cox, who wrote in a memo to Garcia that she and the council were “disappointed in the judgment” he used.

Five years ago, Garcia's judgment was called into question when he was city manager in Corpus Christi, Texas. The council there asked him to resign because they said he was failing to keep them informed and because he engaged in a relationship with a subordinate.

“David was very active,” former Corpus Christi Mayor Loyd Neal said about Garcia's personal life in a recent interview. “Our concern all along was that it was just a little bit too close.”

Garcia said through his private attorney, Bob Ottilie, that Neal flip-flopped on whether Garcia's personal relationship played a role in his being asked to resign and that Neal was upset with Garcia at the time for being open with the media.

The back and forth over reasons Garcia was asked to resign at the end of his five-year career in Corpus Christi was widely reported in the local newspaper there.

Neal said in a statement published in a Texas newspaper in 2003: “The city manager has engaged in a personal relationship with a subordinate. That relationship reflects bad judgment. Such relationships are detrimental to the city because they can create the perception of special treatment and can lead to employment claims against the city.”

The City Council in Corpus Christi, according to news reports, had mixed feelings on Garcia's relationship. Several members said they were disappointed.

Chula Vista Councilman Ramirez said he knew of the personal relationship before Garcia was hired in Chula Vista.

“I did research on David Garcia, and I was aware of those articles,” Ramirez said. He did not comment further.

Chula Vista conducted a yearlong, nationwide search for its top executive position and settled on Garcia, 53, last summer. Garcia, who makes a base salary of $229,000, came from Yuma, Ariz., where he spent about four years as county administrator.

A Yuma County spokesman, Kevin Tunell, said Garcia's record there was clean.

Garcia's attorney Ottilie said the complaints in Chula Vista stemmed from Garcia looking at vacation photos on his laptop.

But Castaneda said other images and frequent visits to Web sites such as Pamela Anderson's were discovered on Garcia's computer during the investigation.

The San Diego Union-Tribune requested records relating to searches or investigations of Garcia's computer usage. Some were released Monday under the California Public Records Act.

Garcia was informed in writing twice in May that the City Council would meet in closed session regarding employee complaints about him. Garcia's attorney said Garcia did not get an opportunity to respond before the city hired a third party to investigate.

The investigation found that Garcia was engaging in conduct the City Council did not approve of, according to Cox's May 28 memo.

According to documents provided Monday, Garcia and an employee who feared retaliation were asked to complete a session with a psychologist in early June to discuss their working relationship.

Reaction to Garcia's computer use has raised questions about his future.

“He should be an exemplary symbol for everyone who works for the city of Chula Vista,” Castaneda said. “I think I will ask for this to be discussed by the council. We have to decide as a group how we are going to proceed.”

Mayor Cox and Councilman Jerry Rindone, who both are on vacation, did not return repeated phone calls seeking comment.

Councilman John McCann said, “All employee complaints are taken extremely seriously at the city of Chula Vista and totally looked into.”

A clause in Garcia's contract allows him to hire an outside lawyer and makes it likely he will request that his legal fees be paid by the city. The clause:

“The employer will defend and pay any costs and judgments assessed against Garcia arising out of any act or omission by Garcia which has occurred in the course and scope of the performance of his duties.”

So far he has not made a request, said interim City Attorney Bart Miesfield. He said the city has spent at least $7,445 for the outside investigation and the psychologist.

The city recently agreed to negotiate payment for Castaneda's attorney fees, which approach $200,000 – a sore point with several community members.

Castaneda incurred those fees during a perjury trial in April that resulted in acquittal on some counts and a mistrial on others.

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Tanya Sierra: (619) 498-6631; tanya.sierra@uniontrib.com