COSTA MESA : Vote on Amburgey’s Legal Fees Is Delayed

Former City Councilman Orville Amburgey has asked the city to pay legal fees for his defense of a conflict-of-interest charge.

The City Council considered the request in closed session Monday night, but delayed a decision until its next meeting in two weeks. The council decided to wait until Amburgey’s attorney, Lawrence Harvey, delivered more information on the case to the district attorney’s office.

The city usually provides a legal defense or pays for an outside attorney for its employees or council members who are faced with legal action as a result of their employment by the city.

The city has already agreed to pay for Amburgey’s defense in an unrelated civil lawsuit brought by former golf course employee Tim Green after his dismissal. The lawsuit, which is still in litigation, names the city, and accuses Amburgey and private citizens Bob Shipley and Catherine Hall-Shipley of arranging to have Green fired.

A pretrial conference is scheduled Thursday on the misdemeanor charge that Amburgey voted to approve an agreement benefiting Copley-Colony Cablevision of Costa Mesa Inc., which also had contracted with Amburgey’s electrical firm.

He is accused of violating the state Political Reform Act, which requires public officials to abstain from votes that would affect any income source that provides them with more than $250 within 12 months of the vote.

Mayor Mary Hornbuckle said the council must first determine whether to pay for legal fees before deciding how much to spend.

The city code provides for the legal counsel of employees if three criteria are met: the alleged offense was done in the scope of employment with the city; the employee acted in the city’s best interest, and the employee acted without malice.