D.A. Absolves O.C. Planners in Conflict Case

The district attorney declined Wednesday to file conflict-of-interest charges against two Orange County planning commissioners for their involvement in a political dinner attended by representatives of developers with projects pending before the commission.

Deputy Dist. Atty. Wallace J. Wade said his decision to drop the case was based on a “lack of evidence indicating criminal wrongdoing” on the part of Commission Chairman Stephen A. Nordeck, 46, and Commissioner Roger D. Slates, 61.

“Great!” an elated Slates said Wednesday. “That’s good news. I’m happy. I’m happier still for my wife and family who have stood by me in this.”

Slates added, however, that he intends to be more cautious in his future contact with developers.

“After what happened,” Slates said, “I think it would be prudent to take a longer look” before participating in a similar political dinner. “Of course, if the President of the United States asked me to do it, I don’t know what I’d do.”

Nordeck said the district attorney’s decision was proof that he had done nothing illegal or improper, and he criticized The Times for its coverage of the dinner and subsequent investigation.

“I am not surprised or shocked or happy that I have been cleared of something I did not do,” Nordeck said. “Hopefully, the same intensity of media coverage that reflected the accusations will be devoted to communicating that the allegations were not true.”

The two-month investigation stemmed from a May 15 dinner, held at a restaurant owned by Nordeck, on behalf of former Huntington Beach Assembly candidate Peter von Elten. Slates and Nordeck were present, although Nordeck says he attended only in his capacity as owner of the restaurant. And among the guests were several representatives of South County developers.

In a Times article after the dinner, several people who attended said that both planning commissioners had spoken on Von Elten’s behalf and encouraged guests to contribute to his campaign.

Because state conflict-of-interest law prohibits planning commissioners from soliciting campaign contributions of $250 or more from individuals with matters pending before them, the district attorney took an interest after receiving a complaint from a local activist.

But prosecutor Wade said “investigators were unable to find any witness who stated that he was approached or solicited for contributions by either Slates or Nordeck” at the dinner, held at Nordeck’s Trabuco Oaks Steak House.

Wade said investigators interviewed 14 people who participated, including developers’ representatives, lobbyists, the planning commissioners and Von Elten.

Wade acknowledged in an interview that investigators had obtained a copy of a memo written by Von Elten’s campaign chairman, Dave Ellis, which characterized the dinner as a fund-raiser at which the expected contribution was $1,000.

Wade said, however, that those questioned about the memo described it as an “informal listing” of possible events and that the dinner had been subsequently changed to a “meet and greet” affair at which no contributions were discussed.

“There’s just no evidence,” Wade said. “We just can’t assume that there was something going on. . . . We just have no witnesses who say there was any solicitation of funds.”

Supervisor Harriett M. Wieder, who appointed Slates to the Planning Commission 16 months ago and has strongly chastised him for his participation in the dinner, said Wednesday that the issue was more one of propriety and perception than legality.

“That doesn’t change the fact (that) I do not approve of his actions,” Wieder said. “The perception and the position he put himself in was unwarranted. It will not happen again to my appointee. I think as a result of this experience he’ll be a whole lot more sensitive.”

Supervisor Gaddi H. Vasquez, who appointed Nordeck to the commission last year, did not return several calls for comment.

Former Planning Commissioner Shirley Grindle, a critic of the relationship between developers and elected officials, and author of the county’s TINCUP political reform law, said she continues to be disturbed by the dinner’s appearance of impropriety.

“Everything we’ve been reading these past few months shows the close relationship of the planning commissioners with the developers,” Grindle said. “If anybody believes the purpose of that dinner wasn’t to raise money, they’re crazy.

“This is just an example of how close they are. The developers are protecting the commissioners. They’re all in the same bed.”

Wade said his office continues to investigate separate conflict-of-interest allegations against Planning Commissioner C. Douglas Leavenworth, who reported receiving gifts worth more than the $250 state limit while voting on matters affecting the Mission Viejo Co. in 1987 and 1988. Leavenworth recently amended his gift report and says the amount now falls $7.50 below the state limit.