FPPC Won’t Press Charges Against El Segundo’s West : Politics: The commission said the city councilman did violate conflict-of-interest laws, but his property gained nothing from the votes.

The state Fair Political Practices Commission will take no action against El Segundo City Councilman Alan West on charges that he violated conflict-of-interest laws by voting on improvement and promotion projects in the downtown area, where he owns property.

The FPPC concluded there was a technical violation but found mitigating factors, including his lack of any past violations and that the store he owns in the downtown area gained nothing from the votes. The commission found the conflict of interest was “not of sufficient magnitude to justify formal enforcement action.”

On Thursday, West, a two-term councilman, repeateded his earlier assertions that the charges were politically motivated. West was running for reelection when the charges were filed.

West said he has continued to vote on issues affecting the downtown on the advice of the city attorney. He said, however, that after reading the FPPC’s ruling, it is unclear to him whether he can continue to do so and not violate the law.

He said he is drafting a letter to the FPPC requesting that it clarify the matter.

“Tell me specifically what I can and cannot do,” West said the letter essentially asks. “Hold my hand.”

The charges were filed in February by Helen Armstrong, widow of former Mayor Charles Armstrong, who died last year of cancer. Four years ago, West defeated Armstrong in an acrimonious election.

The charges covered 10 votes West cast while serving on the council between March, 1987, and March, 1989. One key charge centered on West’s decision to cast a vote in favor of improving a city parking lot with lighting and landscaping. West and his wife, Allene, own an art supply store less than 300 feet from the lot.

In an Aug. 14 memorandum, the FPPC concluded it was unlikely West’s votes on the downtown improvement and promotions projects would have had a financial impact on his business. West told the FPPC that the shop is run by his wife as a hobby and generally operates at a loss. Last year, the business generated about $10,000 in gross income, West told the FPPC.

State law requires that a public official refrain from participating in decisions affecting his financial interests. Also, if the official owns property within 300 feet of a project being voted on, it is considered materially affected.

But the FPPC said that although West’s property was within 300 feet of the parking lot, the circumstances are “unlike most situations” that come under the regulation because “the property which was the subject of the decision was not tremendously affected by the decision.

“Both before and and after the decision, the property was to be used as a parking lot and held substantially the same number of parking places. The decision merely affected the lighting and landscaping on the parking lot.

“Furthermore, Councilman West has no prior enforcement history. Given these facts, the conflict of interest is not of sufficient magnitude to justify formal enforcement action.”

Armstrong could not be reached for comment.