COSTA MESA : Judge Rejects Suit Against City, Officials

Former Councilman Orville Amburgey does not have legal grounds to sue the city and three officials for initiating a conflict-of-interest investigation that ended in a criminal charge being filed against him, an Orange County Superior Court judge ruled Wednesday.

Judge Randell L. Wilkenson invalidated the lawsuit against the city, City Atty. Thomas Kathe, City Manager Allan L. Roeder and Mayor Mary Hornbuckle, ruling that they were immune to liability because they acted as official representatives of the city in alerting authorities of a possible conflict-of-interest violation by Amburgey.

Wilkenson, however, granted Amburgey’s attorney, Lawrence K. Harvey, 20 days to amend the original complaint against the city and its officials. The case stems from a 1987 vote in which then-Councilman Amburgey voted in favor of a city contract with Copley-Colony Cablevision of Costa Mesa Inc., even though his electrical company had done work for the cable firm.

In a review of city contracts, Kathe came upon the Copley-Colony vote, alerted Roeder and Hornbuckle and turned over the investigation to the district attorney’s office shortly before the November, 1990, election. Amburgey was defeated in that election.

Early last year, Amburgey was charged with conflict-of-interest violations stemming from the vote, but the charge was dismissed in June after a tape-recording of the 1987 City Council meeting cast doubt over the intent of his vote.

Amburgey contends that he was set up to lose the election and said he filed the lawsuit to clear his name.

Harvey said he will file an amended complaint. He argued that the city officials do not have absolute immunity from prosecution.

“They’re acting within the scope of their employment, however . . . we feel they acted deliberately and maliciously to prevent Mr. Amburgey from being reelected,” Harvey said after the judge’s ruling.

Attorney Edwin J. Richards, who represents Kathe and the city, maintained that the officials were merely carrying out their official duties in calling for the investigation of Amburgey.

“That was our opposition to the complaint,” he said. “The codes provide that government officials have a job to do and are immune when it comes to carrying out their jobs.”

Although it is not specified in the lawsuit, Amburgey has said he will seek $3.8 million for emotional, financial and physical suffering stemming from the criminal charge.

“I think we made a major step toward getting through the legal battles,” he said after Wednesday’s hearing. “I can’t wait to get to a jury trial so the general public can hear the truth.”