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D.A. Asked to Investigate Allegation of Officials Soliciting From Builders : Ethics: Activist calls for inquiry into actions of county planning commissioners said to have helped host a dinner for an Assembly candidate.

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TIMES STAFF WRITERS

A civic activist has called on Orange County Dist. Atty. Michael R. Capizzi to investigate what she termed the “improper actions” of two planning commissioners who reportedly solicited campaign funds from representatives of some South County developers with projects pending before the commission.

In a formal complaint mailed Monday, Roe Gruber, a Santa Ana woman who helped organize the county’s TIN CUP campaign reform effort in the late 1970s, said the commissioners appear to have violated state law as well as the spirit of the Time Is Now, Clean Up Politics ordinance, adopted in 1978.

The Times reported last Friday that Planning Commissioners Stephen A. Nordeck and Roger Slates helped host a private dinner on behalf of 58th Assembly District candidate Peter von Elten of Huntington Beach. Nordeck strongly denies soliciting any funds or having any role in the dinner, which was held at his Trabuco Oaks Steak House last Tuesday. Slates has repeatedly declined to comment.

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Several people who attended the affair say both commissioners spoke on behalf of the candidate and encouraged guests to contribute to his campaign. The roughly 15 guests included several representatives of development firms that have multimillion-dollar projects that will ultimately require Planning Commission approval.

“Many of us in Orange County feel it is of the utmost importance to monitor and investigate any actions that may not be appropriate by public officials . . . ,” Gruber said in her letter to Capizzi and his chief assistant Maurice L. Evans. “I do not believe that such explicit and flagrant activities as reported in The Times should be allowed to pass as ‘business as usual.’ ”

County Supervisor Roger R. Stanton said the request for a formal investigation by the district attorney was to be expected.

“I had a feeling that something would happen . . . ,” Stanton said. “Given the rather academic, blow-by-blow description in The Times, I’m not surprised an eyebrow would be raised high enough to ask for that kind of action.”

In making public her request for an inquiry, Gruber noted that the TIN CUP law, which prohibits county supervisors from voting on issues affecting major campaign contributors, does not directly address the actions of appointed commissioners. She noted, however, that state law bars appointed commissioners from soliciting campaign donations of $250 or more from individuals who have matters pending before them. In addition, Gruber said, the reported actions of the commissioners go against the spirit of reform in Orange County symbolized by TIN CUP.

“This is exactly the type of thing we worked hard to eliminate,” Gruber said. “Ethically, it’s the same concept.”

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Wallace J. Wade, supervising deputy district attorney, said Monday that he would acknowledge receipt of the complaint when it arrives but that he wouldn’t “have much to say beyond that.”

The district attorney may investigate alleged violations of the State Political Reform Act which, among other things, governs the actions of appointed members of public commissions or boards.

A violation of the state law is a misdemeanor carrying a maximum jail sentence of six months and up to $500 in fines.

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