COSTA MESA : Amburgey a Convert on Conflict Policy

Facing increased criticism and hoping to smooth his campaign for reelection in November, City Councilman Orville Amburgey surprised his colleagues and voted in favor of a stricter conflict-of-interest policy this week.

Amburgey repeatedly opposed the measure as it was being drafted, saying it would deprive residents of full representation on the council. He came under fire in March by refusing to abstain from a vote granting his son, Ron, a rezoning of property which Ron Amburgey hoped to develop.

Amburgey claimed that because his son was no longer a dependent, the senior Amburgey didn’t stand to gain financially and therefore had not violated city code with his vote.

In a statement to the council Monday, Amburgey said his family discussed the policy and decided that the “election-year political football” was not worth the fight despite his belief that the policy is too broad and not enforceable.

As a result, Ron Amburgey has chosen to no longer develop in Costa Mesa, his father said.

“We feel it’s important to avoid any further potential for smearing our family name,” Amburgey told the council members.

The new policy, which will be formally adopted at the council’s next meeting July 16, redefines the “financial interest” of a public official to include indirect investments or interests owned by an official’s immediate family, including independent children, or a business interest in which any of them owns at least a 10% interest.

City Atty. Thomas Kathe researched court challenges to conflict-of-interest rules and determined that the council members could pass an ordinance simply to ensure the public’s confidence in them.

The courts seem to hold the public’s right to a fair and honest government above the rights of an individual to receive equal treatment from his elected officials, Kathe told the council.

“The key finding is that such family relationships create an appearance of bias of a conflict of interest,” Kathe told the council.

The council decision cuts short an effort by Costa Mesa resident Roger Blanchard to have a similar policy placed on the November ballot. Blanchard’s house is on Sea Bluff Drive, near the younger Amburgey’s project.

However, Blanchard said his initiative wasn’t directed only at Orville Amburgey, and would have cleared up a lot of questions that have come before the council and will inevitably continue.

Councilwoman Mary Hornbuckle tried to take attention away from Amburgey’s claim that the move was a “political gimmick for ambitious politicians.” Although the policy was drafted because of Amburgey’s vote, she said, the stricter policy is better for the city at large.