State Commission Urges Carson Mayor Not to Cast Ballots on Certain Issues

Mayor Sylvia Muise has been advised by the state Fair Political Practices Commission to refrain from voting on matters affecting the city’s catering service or the city’s director of parks and recreation.

The opinion stems from a $2,200 post-funeral reception honoring the mayor’s husband that was arranged by Howard Homan, parks and recreation director. Mastroianni Family Services, the city’s catering service, provided a meal and four waiters for 150 guests at the reception.

The Fair Political Practices Commission ruled that the reception was a gift to the mayor and that to comply with the state law barring conflicts of interest, she should not vote on matters affecting the company or Homan.

Effective for a Year

In a letter sent to the city attorney Dec. 8, the commission said the restriction should remain in effect until June 20--a year after the reception was held.

Muise could not be reached for comment.

The recommendation, which Muise apparently has accepted according to three officials who declined to be identified, has already had an effect on the bitterly divided City Council, where Muise and Mayor Pro Tem Tom Mills form one faction and Council members Vera Robles DeWitt and Kay Calas comprise the other. The fifth seat is vacant.

In a closed executive session Monday, DeWitt and Calas directed City Administrator John Dangleis to investigate the activities of Homan, according to the three officials. Mills voted against the move, the officials said. Details of what is being investigated could not be learned.

DeWitt, in requesting the closed session at Monday’s regular council meeting, said the mayor would not be able to participate, apparently a reference to the FPPC letter. When Muise asked why she could not take part, DeWitt said she could explain only in the closed session.

Muise did not participate in the executive session, but balked at a request by Calas that she leave the meeting, the officials said.

Mills confirmed that Dangleis had been directed to “seek some information” and that the mayor was present but did not participate. He declined to elaborate. Homan is on vacation, and the other council members could not be reached for comment.

Dangleis said he would not comment on whether he was investigating Homan. “I am not going to comment on anything that happened in executive session. Anyone that carries anything out of executive session is violating something,” he said.

City Atty. Glenn Watson also said he could not comment on what happened in the executive session but was willing to answer a hypothetical question on whether council members with conflicts of interest should attend executive sessions at which the conflict will come up.

“In any session, executive or regular, a member who may not participate is not required to leave the room,” he said.

The events that led to the FPPC ruling began after the mayor’s husband, Leonard Muise, died of cancer last June. The FPPC recommendation and correspondence between the city attorney’s office and the commission give this account:

In a conversation with the mayor’s niece, Sue Kinnane, Homan offered to arrange a more elaborate post-funeral reception at the mayor’s house than was originally planned.

Mastroianni Family Services offered to provide food and services at a 35% discount. Homan wrote letters after the reception informing Mastroianni Family Services, Western Waste Industries and Watson Land Co. that they were expected to help pay for the reception.

(Mastroianni Family Services received close to $1 million for catering city events in the 12-month period ending June 30. Western Waste has the city’s trash contract. Watson Land is one of the city’s biggest land owners.)

Distribution of Costs

Catering firm officials said they expected their contribution to be limited to the 35% discount. But Homan’s letter sought an additional contribution of $653.89. Western Waste and Watson Land were asked to pay $767.57 each.

Homan said in August, when the matter first became public, that he was upset that questions were raised about the propriety of his actions and that the catering service had not been paid.

“I’m going to make sure they get paid through contributions of people in the city or I will pay it myself,” he said.

According to the FPPC letter, the catering company has not been paid.