HomeMy WebLinkAboutAGENDA REPORT 1986 1020 CC REG ITEM 11DI T IF, M 1 1. D
LAW OFFICES
BURKE, WILLIAMS & SORENSEN
ONE WILSHIRE BUILDING
MARTIN J. BURKE' CHERYL J. KANE 624 SOUTH GRAND AVENUE, IITM FLOOR VENTURA OFFICE
GEORGE W. TACKABURY'
RAYMOND J. FUENTES
950 COUNTY SQUARE DRIVE
JAMES T. BRADSHAW, JR.'
DON G. KIRCHER
LOS ANGELES, CALIFORNIA 90017
SUITE 207
MARK C. ALLEN, JR.'
VIRGINIA R. PESOLA
(213) 623 -1900
VENTURA, CALIFORNIA 93003
RICHARD R. TERZIAN'
S. PAUL BRUGUERA
(805) 644 -7480
MARTIN L. BURKE'
MICHELE R. VADON
CARL K. NEWTON'
B. DEREK STRAATSMA
TELECOPIER (213) 623 -8297
J. ROBERT FLANDRICK'
SCOTT F. FIELD
TELEX' 671 -1271
HARRY C. WILLIAMS
EDWARD M. FOX*
JOHN W. BELSHER
CABLE ADDRESS
(1912 -1967)
DENNIS P. BURKE'
BENJAMIN S. KAUFMAN
BWSLA UW
LELAND C. DOLLEY'
MICHAEL J. LONG
ROYAL M. SORENSEN
COLIN LENNARD'
ELLEN M. BENDER
(1914 -1983)
BRIAN J. SEERY'
GREGORY A. DOOMO
THOMAS J. FEELEY*
CYNTHIA D. GOENA
NEIL F. YEAGER*
KEVIN S. MILLS
OF COUNSEL
BRIAN A. PIERIK'
DEBORAH J. FOX
DWIGHT A. NEWELL
KATHERINE E. STONE'
CAROL A. SCHWAB
CHARLES M. CALDERON'
LISA E. KRANITZ
PETER M. THORSON*
MARK S. BLACKMAN
THOMAS H. DOWNEY
D. COLETTE GONZALEZ
October 15, 1986
HAROLD A. BRIDGES
'PROFESSIONAL CORPORATION
The Honorable Mayor and
Members of the City Council
City of Moorpark
799 Moorpark Avenue
Post Office Box 701
Moorpark, California 93021
Re : James Keenan /Potential Conflict of Interest
Dear Mr. Mayor and Counc ilmembers :
In response to my opinion letter to James Keenan
dated July 31, 1986, Mr. Baldwin presented your council with
a letter on October the 6th. Later in the week I received a
letter dated October 7th and a subsequent telephone call
from Mr. Baldwin.
Mr. Baldwin contends that Mr. Keenan is currently
doing work for U.S. Condominiums. He has asked if this
information changes the conclusions stated in the July 31st
letter.
My opinion to Mr. Keenan was based upon the
statement of facts provided by him and recited in the
letter. As in all legal matters, the value of the opinion
given is only as good as the information that is provided.
As I explained to Mr. Baldwin, I am not in a position to
resolve factual disputes relative to potential conflicts of
interest. That power is reserved to the Fair Political
Practice Commission (FPPC) and the District Attorney.
However, if Mr. Keenan determines that there are pertinent
facts which are not reflected in the July 31st letter, I
will be glad to reevaluate the situation.
- RECEIVED -
OCT 1 6 1986
CITY OF MOORPA RK
The Honorable Mayor and
Members of the City Council
October 15, 1986
Page 2
Mr. Baldwin also wants to know if Mr. Keenan can
actually avoid a conflict of interest by not bidding on, or
otherwise contracting for, projects that he has voted on as
a Planning Commissioner. This issue was essentially
addressed in my July 31st letter. As stated by the FPPC in
the MacPhail case, a conflict exists if the public official
has not yet bid on a project but may do so later with the
substantial probability of being awarded the contract.
Conversely, no conflict exists if the official votes but
does not bid (or otherwise accept a contract) .
Contrary to Mr. Baldwin' s suggestion, it would not
be appropriate to state a prescription on bidding as a
condition of project approval. The responsibility for
complying with the conflict of interest statute rests solely
with the official--responsibility is not shared by the
project proponents.
If Mr. Keenan were to bid or otherwise accept a
contract on a project that he had voted on, that action
would relate back to his intention at the time of the
vote. If the evidence supported a conclusion that he had,
in reality, intended to bid at the time that he voted, then
the conflict of interest statute would have been violated.
I trust that this will clarify the matter with
respect to Mr. Keenan.
Ver truly yours,
CHER KANE
CITY ATTORNEY, MOORPARK; and
BURKE, WILLIAMS & SORENSEN
CJK:hsk
cc: Mr. James Keenan,
Planning Commission
Mr. Tom Baldwin