Records Contradict Roth’s Assertion About Developer

Tape-recorded minutes of a Board of Supervisors meeting four months ago appear to contradict Supervisor Don R. Roth’s assertion that he never knew that a close friend and political donor had business before the county board.

Roth, one of the subjects of an FBI inquiry into allegations of political corruption, has maintained that he did not report on state-required filings three trips and an $8,500 loan from the friend and his family, in part because they “never had anything to do with county government.”

The county tapes show, however, that the friend, Gerard J. (Gerald) Dougher of Laguna Beach, was identified by name as a participant in a controversial Midway City development that came before the board Dec. 10, and was present at the meeting.

The supervisors unanimously approved the project, which is to be built by Newport Pacific Development Corp. of Newport Beach. That decision overrode a vote by the county Planning Commission, which rejected the proposal because of density and traffic concerns.

Dougher’s attendance at the supervisors’ meeting was only one of several disclosures that stirred new questions about Roth’s relationship with the developers of the condominium project:

- Roth’s appointee to the Planning Commission, Chuck McBurney, said the supervisor took a “very unusual” interest in the project, telephoning him about it last year after the commission’s rejection. McBurney said it was the only time in his 15 months on the panel that Roth inquired about a project.

- Jackie Roth, the supervisor’s ex-wife, said she and the supervisor vacationed at least five times at a Palm Springs-area condominium that was owned by Newport Pacific owner Magdy Hanna. Representatives of Newport Pacific were at the Dec. 10 meeting, along with Dougher, and asked the board to reverse the Planning Commission’s decision.

- Two more people told The Times that they were interviewed by the FBI. They said they were asked about their concerns over the way county officials handled the approval process for the project.

The FBI has opened an inquiry to determine whether Roth traded undisclosed gifts for political favors. The FBI declined comment Thursday, as did Roth.

Beyond the legal implications for Roth, 71, the case has created a political tempest in Orange County that has grown more intense in the last week.

Some activists and politicians have used the allegations to call for further restrictions or an all-out ban on political gift-giving. Others have begun naming potential challengers to Roth for his northern Orange County seat even though he does not come up for reelection until 1994.