Amburgey Faces Conflict Charge Over Cable Vote

Former City Councilman Orville Amburgey on Tuesday was charged with violating state conflict-of-interest law by voting in 1987 to approve an agreement benefiting a cable company that had employed his private business.

The misdemeanor criminal complaint, filed in Superior Court in Newport Beach, alleges that on June 1, 1987, Amburgey, 56, improperly voted to amend the city cable franchise with Copley-Colony Cablevision of Costa Mesa Inc. even though his electrical firm had received more than $900 from the cable company during the preceding year.

County prosecutors contend that Amburgey’s vote violated the state Political Reform Act, which requires that public officials abstain from making decisions that would affect any income source that provides them with more than $250 within 12 months of the vote.

The 1987 agreement aided the cable company by easing several requirements that had been included in the original contract. Prosecutors said Amburgey made the motion to approve the amended contract.

“We don’t think it harmed the public, but it is not a simple technical violation either,” said Assistant Dist. Atty. John D. Conley. “This is something a public official should realize--if you do a lot of work for somebody and it comes before you, you have to watch out. I think this will send a signal to other (public officials) out there.”

Amburgey, who has previously denied any impropriety, declined to comment on the charge Tuesday. But his attorney, Lawrence Harvey, said there is no evidence his client committed any wrongdoing.

“The district attorney is apparently relying on minutes taken at that (City Council) meeting which may not be verbatim,” Harvey said. “We have a question as to whether he voted on that issue, and even if he did, the conflict-of-interest laws do not apply. It was a routine issue that came before the council and there was no financial benefit to any party.”

If convicted, Amburgey could face a $10,000 fine and could also be barred from seeking political office or acting as a lobbyist for four years.

Prosecutors had also been investigating allegations that Amburgey may have violated conflict-of-interest laws as early as 1984, when the Copley cable franchise was first awarded during his tenure as the city’s director of communications. But Conley said it appears Amburgey had retired as communications director before his firm began doing work for the cable company.

City officials said Tuesday that the cable franchise with Copley is not likely to be affected by the district attorney’s action.

Former City Council colleagues of Amburgey called the allegations unfortunate but said it is better that they be pursued.

“It’s unfortunate when things like this occur, but it’s better that it be brought out into the open and solved rather than swept under the rug,” Councilwoman Sandra L. Genis said.

Amburgey was first elected to the council in 1986 but lost decisively in a reelection bid last November.

One issue in the campaign was Amburgey’s alleged conflict of interest in casting votes. Although he denied any impropriety, Amburgey was defiantly unmoved about how his votes appeared to the average citizen.

A former police officer with extensive business ties in the community, he received major backing from several development concerns that all subsequently had projects before the council.

In 1990, he voted in favor of a building project proposed by his son, Ron Amburgey, arguing that he did not have to abstain because he had no financial interest in his son’s business. Amburgey also cast votes for an embattled bar, Henry and Harry’s Goat Hill Tavern, after receiving a $1,000 campaign contribution from the bar’s owners.

The votes ultimately led to passage of a ballot measure last November tightening the city’s conflict-of-interest laws.

But Amburgey is perhaps best known for his controversial actions that targeted illegal aliens and the poor in the city.

He sponsored a novel city measure prohibiting the “intent” to solicit work on city streets that was later struck down as unconstitutional.

He brought down the wrath of the county’s social activists and religious leaders when he led a drive to oust the Costa Mesa-based charity Share Our Selves from its longtime home at a city-owned community center.

And in an action that brought Costa Mesa national notoriety, he proposed that the city deny federal grant money to charities unless they pledged not to assist illegal aliens.

While many, including the Immigration and Naturalization Service, applauded Amburgey for attempting to come to grips with the problem of increasing numbers of illegal immigrants, he was accused by others of pandering to racist sentiments.

Housing and Urban Development Secretary Jack Kemp called the anti-alien funding proposal discriminatory and anti-American, and issued a nationwide directive forbidding the policy from being used in conjunction with HUD grants.

The dispute prompted a personal feud between Amburgey and Kemp, with the councilman threatening to sue the secretary.

Conley said investigation of violations are not uncommon at the municipal level but have been infrequently filed in the last few years.

An arraignment date for Amburgey has not been scheduled.