Burbank Delays Decision on Gee’s Alleged Conflict of Interest Over Airport Noise

The Burbank City Council on Tuesday night deferred for a week a decision on the fate of Margie Gee, controversial Burbank airport commissioner.

Council members said they want to give Gee a chance to directly respond to a new option under consideration to resolve her alleged conflict of interest stemming from her role in a homeowners lawsuit against the airport authority.

Gee, who underwent gallstone surgery last week, had notified council members that she would not be able to appear before the council Tuesday to defend her position.

City Atty. Douglas C. Holland told the council that Gee can “significantly reduce her potential conflict” if she amends the lawsuit’s complaint regarding airplane noise. The suit now seeks damages on the ground that noise is a continuing nuisance, but could be changed to complain about noise as a “one-time nuisance,” Holland said.

If that were done, he said, Gee might not be disqualified from considering all noise-related issues before the Burbank-Glendale-Pasadena Airport Authority.

The state Fair Political Practices Commission two weeks ago sent an opinion to city officials saying that Gee should not vote on any decision that could affect her existing lawsuit against the authority.

Both Gee and the City Council were unhappy with the opinion. Council members said it did not give them the definitive guidance they were looking for to determine Gee’s fate, and Gee called the ruling a “non-opinion,” adding, “It muddies the water.”

Gee is one of 200 San Fernando Valley homeowners who filed suit two years ago seeking damages for lowered property values and the nuisance caused by airplane noise. The litigants are asking $200,000 each in damages.

Burbank city officials have been concerned about Gee’s role on the airport panel because of a possible conflict of interest.

The other members of the commission from Burbank, Leland Ayers and Councilwoman Mary Lou Howard, have pleaded with her to either resign or drop the lawsuit, but Gee has refused to do either.

Hastings, who nominated Gee to the panel, said he talked with Gee for an hour last week to voice his concerns regarding her participation.

Hastings has said that any upcoming issues to be considered by the airport board could be interpreted to exclude Gee. “The size of jets at the airport, the terminal location, the length of the runway, everything could be a noise issue, which would exclude Margie,” he said.