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ORANGE : Testimony Finished in Ex-Official’s Trial

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The conflict-of-interest trial of former city planning commissioner Don Greek wrapped up last week in Orange County Superior Court after a brief 2 1/2 days of testimony.

The city and the Orange Redevelopment Agency sued Greek last November alleging that his company, DGA Consultants Inc., improperly accepted at least eight city contracts worth $103,000 while he was a planning commissioner.

Trial Commissioner Ronald L. Bauer heard testimony from 10 witnesses, including Greek, Councilman William G. Steiner and City Manager Ron Thompson.

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Bauer may call attorneys back to answer questions on documents in the case within the next few weeks before issuing a decision, City Atty. Robert O. Franks said.

Attorneys had expected the proceedings to last about a week, but pretrial rulings to limit testimony helped to shorten the trial, said June Ailin, special counsel to the Redevelopment Agency.

The city’s attorneys called only three witnesses during the trial. Contracts and other documents were used to demonstrate Greek’s involvement in city projects during the time he was a planning commissioner, between 1983 and 1990.

The city sought to show that as a city official Greek “was in a position to benefit his firm by either taking action that would create opportunities for his firm to get contracts, or by taking action that would validate work his firm had done previously,” Ailin said.

Greek’s attorney, Robin Fairbairn of Paso Robles, used a stricter interpretation of conflict-of-interest statutes, arguing that an official must personally enter into a contract for a conflict to exist, Ailin said.

Although all City Council members had been subpoenaed by the defense to testify, Fairbairn called only Steiner to take the stand.

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Fairbairn was unavailable for comment Tuesday. Ailin and Greek each said they were optimistic about the outcome of the trial. Greek said he would not comment further until Bauer decides the case.

If Greek loses the case, he could be required to repay up to three times the $103,000 in fees his company collected from the city.

Greek has contended from the beginning that the city’s suit was part of a plan to stop him from unseating City Council incumbents Steiner and Joanne Coontz in the 1990 election.

He said he plans to go ahead with a $20-million claim he filed against the city in September, alleging selective prosecution and discrimination.

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