Nestande’s Troubling Vote

It is disturbing to learn that Orange County Supervisor Bruce Nestande voted on an issue affecting one of his main campaign contributors despite a county ordinance passed years ago to outlaw the practice.

Even more disturbing, however, is that a technicality enabled him to do so. He wouldn’t have been able to hide behind that technicality to cast that vote if the county board had plugged a loophole that was brought to its attention more than two years ago.

The failure to do that makes every member of the Board of Supervisors guilty of putting political self-interest ahead of the will of the people who forced passage of the so-called TINCUP (Time Is Now, Clean Up Politics) campaign reform ordinance in 1978. The county board adopted TINCUP after it qualified for the ballot in the first successful countywide initiative drive in Orange County history and seemed certain of passage.

Nestande recently cast his vote against the board’s decision to grant more flights out of John Wayne Airport to competitors of AirCal, the Orange County-based airline in which George L. Argyros is a majority shareholder. Argyros is also a major contributor to Nestande’s campaign for secretary of state.

Even if Nestande’s vote was technically legal, and some critics question whether even that is so, casting it arrogantly ignored the spirit and intent of the county ordinance, which was to prevent precisely what Nestande did--vote on an issue affecting a major campaign contributor.

When a similar situation came up several years ago involving Donald Bren, chairman of the Irvine Co., the county grand jury and district attorney’s office asked the board for an amendment to remove ambiguities in the law and close the loophole that allows donations in excess of the law’s limits. The county counsel said such changes could be made. But the board still hasn’t acted.

The changes are still needed, as Nestande’s action indicated. If the supervisors refuse to keep faith with the voters and close the loophole, another initiative drive forcing them to do so would be in order.