D.A. Asks State to Take Over 2 Campaign Investigations : Hicks’ Use of Political Consultant Sparks Conflict-of-Interest Worries

To avoid the “appearance of a conflict of interest,” Orange County Dist. Atty. Cecil Hicks has asked the state attorney general’s office to take over his investigation of a 1984 Irvine City Council campaign because he uses a political consulting firm that was involved in the Irvine race.

It is the second time in a week that Hicks has asked the state prosecutor’s office in San Diego to handle an investigation because of a potential conflict posed by Nelson-Padberg Communications of Costa Mesa.

“The county is getting too small for me,” political consultant Eileen Padberg quipped Thursday when asked about the two cases. But Padberg, co-owner of the campaign consulting firm, added that “I don’t think there has been a conflict. I don’t think we’ve done anything wrong.”

Hicks said he hired the Nelson-Padberg firm to handle his reelection campaign because for the first time in 12 years he is being opposed on the ballot.

“Why not? They’ve been around for the last several years,” Hicks said.

Earlier this week, Hicks requested the attorney general’s office to take over a separate investigation of whether Sheriff Brad Gates committed perjury on a voter registration affidavit and candidacy papers, as alleged by one of Gates’ opponents. Hicks said he wanted to avoid the appearance of a conflict in that matter because both he and Gates employ the Nelson-Padberg firm as a campaign consultant.

The Irvine investigation began in January and concerns City Councilwoman Sally Anne Miller’s successful 1984 campaign, Deputy Dist. Atty. Maurice L. Evans said Thursday. Evans refused to discuss details of the investigation, including how the case was brought to the district attorney’s attention.

Miller did not return several telephone calls from The Times. However, Miller’s former campaign treasurer, Mike Flynn, said Wednesday that the district attorney’s office has assured him that “we are not under investigation (by the district attorney) and that all of their questions and concerns have been answered.

“We have had some conversations with some people at the district attorney’s office . . .” regarding campaign finances, Flynn said.

But Deputy Dist. Atty. Evans said Thursday that the investigation is still open.

Assistant Atty. Gen. Harley D. Mayfield, head of the San Diego office, which handles cases from Orange County, declined to comment.

“Ordinarily,” Mayfield said, “we prefer not to make any comments about any investigations.”

Mary Ann Gaido, a two-term incumbent on the Irvine City Council who lost her seat to Miller in 1984, said Thursday that Deputy Dist. Atty. Tom Stewart told her the inquiry involved “approximately $10,000 worth of checks in question about payment for the last-minute” campaign mailer sent by the Miller campaign.

(The mailer, bearing the headline: “Irvine Republicans for Miller,” attacked Gaido as a liberal Democrat who “has campaigned against Republican ideals.”)

Stewart declined to comment on the investigation.

Gordon Getchel, an Irvine Unified School District trustee, said he also was interviewed by the district attorney’s office two or three months ago.

“The D.A. seemed to be exploring the timing of funds for that mailer,” said Getchel, who worked as a volunteer for Dave Baker’s first and successful council bid during the 1984 election.

“Questions revolved around that basically,” said Getchel, who added that he was unaware of any wrongdoing. “I was not involved in (Miller’s) campaign. I’m still not sure why I was (interviewed) in the first place.”

Deputy Dist. Atty. Michael R. Capizzi said that when the Miller investigation began in January, the Nelson-Padberg involvement “was not really a significant aspect of the case at that time.”

Padberg said, “Miller called me about a month ago and told me somebody from the D.A.’s office had been in her treasurer’s office.”

Although Miller told her to expect a visit from the district attorney’s office, Padberg said that, as of Thursday, she had not been questioned by investigators.

Capizzi said he telephoned the attorney general’s office in San Diego Wednesday morning, asking officials there to also review the Miller case.

Capizzi said it was not until after inquiries from The Times on Tuesday that prosecutors realized the possible conflict posed by the Nelson-Padberg firm being both Hicks’ campaign consultant and a “potential witness” in the Miller case.

“There just wasn’t that association made until it was called to our attention,” Capizzi said Wednesday. “So when it was called to our attention (that) there was the appearance of possible conflict, it took 15 seconds to make the decision” to call in the attorney general.