Possible Violation of City Charter by Wolfsheimer Probed

The San Diego city attorney’s office said Friday it is investigating whether Councilwoman Abbe Wolfsheimer violated the City Charter when she called for the immediate resignation of high-ranking city officials whom she had accused of withholding information from her.

If found guilty of violating Section 22 of the City Charter--which restricts council members from interfering in the hiring and firing of city workers under the control of the city manager--Wolfsheimer could be removed from office.

A spokesman for Wolfsheimer said Friday the District 1 councilwoman never intended to usurp the powers of City Manager Sylvester Murray, and she downplayed any suggestion that Wolfsheimer was attempting to coerce the city manager into firing anybody.

“Abbe doesn’t feel she has usurped Mr. Murray,” said Joann Johnson, Wolfsheimer’s top aide. “She called him in 20 minutes before she met with the press to inform him what she was doing.”

Asked whether Wolfsheimer was dismayed by the city attorney’s investigation, Johnson said, “This is the danger you run when you raise an issue. As far as she’s concerned, this is now in the hands of Mr. Murray.”

The controversy began Thursday when Wolfsheimer called a City Hall press conference to ask for an investigation and the immediate resignation of top-ranking city officials she claimed withheld critical information involving the proposed sale of surplus city land--a plan she stridently opposes.

As the basis of her allegations, Wolfsheimer released a copy of a July 29 letter from local land-use attorney Paul Robinson to a land developer that described a meeting among Robinson, another consultant and two senior city administrators--John Fowler, a deputy city manager, and James Spotts, the city’s property director.

The letter, Wolfsheimer claimed, showed how developers conspired with Fowler and Spotts to undermine her by “influence peddling” and manipulating information and reports given to the City Council.

“This is a cancer of deceit,” Wolfsheimer claimed. “It consists of the manipulation of data by key department heads in violation of the public’s rights. It obstructs the legislative process and prevents council members from fulfilling the obligations of their office.”

In response to Wolfsheimer’s claims, Murray said he would personally conduct an investigation. Both Fowler and Spotts denied doing anything wrong, saying that Wolfsheimer had misconstrued their actions.

On Friday, the issue took a new twist, however, when Assistant City Atty. Curtis Fitzpatrick disclosed that his office had initiated an investigation of Wolfsheimer.

“We’re examining Mrs. Wolfsheimer’s press statement and what she said in her press conference . . . to see whether she violated Section 22,” said Fitzpatrick, who added that he is personally conducting the probe.

Asked for a general explanation of City Charter Section 22, Fitzpatrick said: “It suggests that legislators are not to directly or indirectly influence or coerce the city manager on personnel matters if the employees are under his supervision.”

He would not say who asked for the investigation, except to say “it was one of our clients.” Those include the City Council, the city manager’s office and most of the rest of city government.

Fitzpatrick said he expects to have a preliminary analysis and recommendation ready on Monday for City Atty. John Witt when Witt returns from a business trip to Washington, D.C.

At the center of the controversy is the proposed sale of city-owned property in Escondido valued at $12 million. The city bought the property 30 years ago for a reservoir that was never built.

With the opening of the North County Fair regional shopping center adjacent to the city’s land, interest in the property has skyrocketed, and the City of Escondido has proposed buying 291 acres for resale to Lomas Serenas Co. for construction of houses, hotels and a golf course.

Wolfsheimer has repeatedly attempted to stop the proposed sale, which is still in the early stages of negotiation, because she wants the property left as open space. The matter comes before the City Council on Monday, and a staff report suggests pursuing negotiations for a sale.

The July 29 letter released by Wolfsheimer is from Robinson, who represents Lomas Serenas, to Jeff Parks, president of the Lomas Group of La Jolla, a part of the Lomas Serenas firm. A copy of it was sent anonymously to Wolfsheimer.

The letter describes a July 25 meeting involving Robinson; Mac Strobl, a consultant for the developer; Fowler, and Spotts.

In the letter, Robinson suggests that the developers work with Mayor Maureen O’Connor and other council members--except Wolfsheimer--to further the sale. Fowler and Spotts, the letter says, were lobbied to delay issuance of a city manager’s report concerning the proposed sale.

But, according to the letter, those efforts failed because Fowler and Spotts “feel strongly that they are bound to answer the many questions by council member Wolfsheimer.”

Robinson was out of town Thursday when Wolfsheimer made her accusations. On Friday, he declined to be interviewed but he sent off a written response that was hand-delivered to the mayor and the City Council.

In it, Robinson defended lobbying elected officials and negotiations with the city staff as a “constitutional right.” He also defended Fowler and Spotts, whom he described as “among the most dedicated of public servants.”

“I can unequivocally state that they carry out their duties and responsibilities in the most professional manner possible,” the letter said. “They are among the ‘toughest’ negotiators, found either in the public or private sectors.”

Robinson’s letter to the City Council says he met with Fowler and Spotts as a result of the council Public Facilities and Recreation Committee’s decision of June 25 directing the city manager to “explore disposition” of the Escondido property.

“The real issue is the sadness that all of us feel because the integrity of Mr. Fowler and Mr. Spotts has been questioned without contacting either of them, Mr. Strobl or me. I welcome an investigation by the city manager; it will only exonerate those two fine gentlemen,” the letter states.

Also sending letters to the City Council were Strobl and Paul Peterson, a prominent San Diego land-use attorney.

Peterson was described in Robinson’s July 29 letter as a person who would attempt to lobby Mayor O’Connor about the land sale--including getting the mayor to limit discussion by Wolfsheimer when issue of the proposed sale is finally brought before the council.

In an interview Friday, Peterson said that, despite what the letter said, he never lobbied the mayor on the matter. “I never talked to the mayor or Mr. Fowler,” he said.

“It was very unfortunate and unfair that these men (Fowler and Spotts) were attacked in a press release without having the opportunity to defend themselves,” Peterson said. “I welcome the (city manager’s investigation) and will cooperate fully.”

As to whether he had ever suggested that the developers take steps to limit information given to Wolfsheimer about the proposed sale, Peterson said: “Absolutely not.”

Jeff Parks, the developer who received Robinson’s letter, acknowledged in an interview Friday that the “choice of language was a poor one.”

However, he said, “all this has been very much aboveboard. What’s unfortunate is that she called a press conference without calling any of the people involved. She really jumped the gun on this one.”