COSTA MESA : Amburgey Sues City Over Election Loss

Former City Councilman Orville Amburgey filed a lawsuit Monday claiming that three city officials conspired to destroy his reelection bid by sending conflict-of-interest allegations to the district attorney just before the election.

The lawsuit, filed in Orange County Superior Court, names Mayor Mary Hornbuckle, City Atty. Thomas Kathe and City Manager Allan L. Roeder. It was also filed against the city as a whole.

Amburgey claims that the city officials named in the suit conspired against him to ensure his loss in last November’s election. Although no monetary damages are specified in the suit, Amburgey said after filing it that he plans to seek $3.8 million in punitive and compensatory damages.

“To be charged with a criminal offense and then, after a period of time . . . have the charges dismissed after the damage had been done, there needs to be protection for someone who dedicates time and hours to the city as I have,” Amburgey said.

Amburgey was charged with violating state conflict-of-interest law in April after Kathe turned over information to the district attorney’s office from an investigation he conducted at the request of former Councilman Ed Glasgow. Kathe announced the decision to turn over the investigation the week before the Nov. 6 election.

The charges were dismissed in June. They stemmed from a 1987 vote in which prosecutors contended that Amburgey approved an agreement benefiting Copley-Colony Cablevision of Costa Mesa Inc., which had done business with his private electrical firm.

The eight-count complaint filed Monday alleges that the information Kathe gathered was “manufactured and fabricated” by the city officials and sent to the district attorney “merely to facilitate a false and illegal prosecution of” Amburgey.

It also alleges civil rights violations, legal malpractice, conspiracy, slander, libel and intentional and negligent infliction of emotional distress.

Kathe said he could not determine what course the city will take until he sees the lawsuit.

“The complaint is the cornerstone of any litigation and until we see the complaint and go through the preliminary investigation, I can’t really comment,” he said.

Hornbuckle maintains that the city has not been at fault in the criminal case against Amburgey and therefore could not offer to negotiate a settlement.

In dismissing the charges, Deputy Dist. Atty. Rosanne Froeberg said a tape-recording of the City Council meeting cast doubt on whether Amburgey knew he was voting for approval of the contract.

But Amburgey maintains that the vote was clearly not a conflict and said he filed the lawsuit to clear his name and any doubt that he got off on a “technicality.” Amburgey has contended that the criminal case has hurt his family and business.

In addition to the lawsuit, Amburgey said he has filed a complaint against Kathe with the California State Bar.