Letter Shows FPPC Didn’t Have All the Facts When It Closed Case

In January, a lawyer for the California Fair Political Practices Commission wrote a two-page letter saying that Mayor Wayne D. Wedin’s relationship with a company seeking a city planning contract posed no conflict of interest.

“No violation . . . appears to have occurred at this time,” wrote lawyer Kristine Cazadd of the FPPC’s enforcement division.

The FPPC opened its case in response to an anonymous complaint that questioned Wedin’s relationship with the Keith Cos., a Costa Mesa-based planning and engineering firm that last November was selected for the Brea project. Negotiations to enter a contract were canceled on Dec. 27, after an FPPC investigator telephoned Brea City Atty. James L. Markman.

But a copy of the FPPC’s investigative file shows that the agency wrote its letter closing the case without knowing that Wedin had participated in decisions boosting the Keith Cos.’ chances of winning the Brea contract while he was involved with the firm in a business venture in San Diego. The file also shows that Markman was the only person interviewed.

Moreover, interviews with Wedin and a review of public records show that the FPPC letter, dated Jan. 23, misstated numerous facts.

For instance, the FPPC’s Cazadd wrote that the Brea council had held “no discussion leading to a decision” to award the contract to Keith or any other firm, adding: The Council has even refused to permit this matter to be placed on the agenda . . . for consideration.”

In fact, city records show that the City Council and its Development Committee, on which Wedin served throughout 1990, discussed the proposed planning study at least five times in public sessions. That process culminated last November with the selection of Keith and Leason Pomeroy Associates of Irvine, the firm Keith affiliated with for the Brea project.

The FPPC letter also says incorrectly that the Keith Cos. is owned by Leason Pomeroy--the man who owns the separate planning firm that bears his name. And, the letter stated that Wedin is a past chairman of the League of California Cities--a post that he never held.

A FPPC spokesman last week declined to comment.

In interviews with The Times, Wedin cited the letter in explaining why he has no reason to believe he violated the law. Indeed, the letter, addressed to Markman, concluded:

“As a former city manager and chairman of the League of California Cities, Councilman Wedin has apparently been fully advised by you that when actual proposals from consulting firms are discussed, he is required to disclose any economic interest he may have in them, and disqualify himself . . . if he would be materially affected.

” . . . Councilman Wedin is . . . well aware of his obligation to avoid even the appearance of a conflict of interest. . . . Therefore, based upon the information we now possess . . . we are closing the file on this case.”