Council Race Takes Legal Twist With $6-Million Libel Suit

One of the city’s nastier council races took a bitter turn this week when it was revealed that Belmont Shore-area candidate Jim Serles is suing his opponent, Doug Drummond, for $6 million, claiming Drummond libeled him in campaign literature.

At issue is a Drummond campaign brochure that says Serles struck “back-room deals” and sold his vote to developers while sitting as chairman of the city’s Planning Commission.

The lawsuit was filed the day before the April 10 election when Drummond, a retired police commander, forced Serles--a prominent dentist who had been heavily favored to win the 3rd District seat--into a June runoff.

Both candidates kept the lawsuit quiet until Drummond hand-carried it to reporters this week.

Serles would not discuss the suit, which says the Drummond campaign exposed him to “hatred, contempt (and) ridicule” while damaging his dental practice, his Planning Commission chairmanship and his bid for the council seat.

Serles said he prefers to focus on issues that concern the district, which includes the affluent Belmont Shore and Naples communities.

“I prefer to concentrate on the issues and let the lawsuit go to trial,” he said.

Drummond dismissed the lawsuit as “frivolous” and said it “intends to chill my involvement in the campaign.”

“I believe that I told the truth in every aspect of this case and that is the best defense,” he said.

Libel suits within an election campaign are rare because the courts hold public officials, such as political candidates, to a higher standard, explained Los Angeles libel attorney Steve Contopulos. The statements must be shown to be “knowingly false” or made with “reckless disregard for the truth.”

Serles’ attorney, Philip R. Recht, could not be reached for comment. But the suit contends Drummond made statements that are false.

The brochure begins with a full-standing photo of Serles emblazoned with the words “FOR SALE.” It also includes a newspaper clipping that says Serles broke a state law and a comic strip by cartoonist David Horsey, both of which were fictionalized by Drummond, the lawsuit says.

The brochure compares Serles to state Sen. Joseph B. Montoya, who was recently convicted of racketeering, extortion and money laundering, and to Board of Equalization member Paul Carpenter, who is under indictment for racketeering, extortion and conspiracy, according to the lawsuit.

Drummond acknowledged in an interview that the newspaper clipping was invented by his campaign and was never, in fact, published. The Horsey cartoon, which suggests Serles allowed a 12-story high-rise to go up in a residential neighborhood in exchange for campaign money, was a bona fide cartoon altered to include Serles’ name, Drummond said.

But Drummond refused to discuss whether such tactics were inappropriate, as the lawsuit contends.

“It’s with my lawyer,” he said.

The race for the 3rd District seat being vacated by Jan Hall was expected to be an easy victory for Serles, who is making his third bid for the job. He had the endorsement of every mainstream organization in town and a high profile as Planning Commission chairman.

Then Drummond produced allegations that Serles had accepted campaign contributions in excess of $250 from developers and other businesses before voting in favor of projects they brought before the Planning Commission.

All but two of the charges were proved unfounded. In those two cases, Serles said he cast his vote by mistake without realizing he had received campaign contributions from the parties involved. The city prosecutor concluded after an investigation that Serles had not acted “in bad faith” and cleared him of any criminal wrongdoing.

The state Fair Political Practices Commission is looking into a complaint brought by Drummond, but no decision has been made.

Serles said the allegations damaged him in the community and at the polls, and he is seeking $1 million in general damages and $5 million in punitive damages.