Potential Conflict on Arena Plan Not Revealed : Burbank: Councilman Michael Hastings left the chamber before discussion of the proposed $100-million project earlier this year.

Burbank City Councilman Michael Hastings failed to inform most of his council colleagues that he has a potential conflict of interest on a proposed $100-million sports arena project that had come before the council this year.

Rather than reveal the potential conflict, Hastings left the council chamber before discussion of the arena proposal Feb. 4 and did not return until after the vote.

In that vote, the council, acting as the Redevelopment Agency, voted 4 to 0 to give actor-developer Wayne Rogers and his partner, Lew Wolff, exclusive negotiating rights for three years to build a 20,000-seat sports arena near Burbank Airport. Rogers is also part-owner of the company where Hastings is employed.

His actions that night appear to have violated the California Political Reform Act, according to City Atty. Joseph W. Fletcher and the state Fair Political Practices Commission.

Elected officials are required to publicly state the nature of any potential conflict and then leave the meeting before the issue is discussed, said Carol Thorp, an FPPC spokeswoman. But Hastings’ case is fuzzy because he left the room before the item was announced and did not return until after it was completed, Fletcher said.

“You might say that’s a technical violation,” Fletcher said. “But it’s my feeling, based on the facts that I have, that he has complied with the spirit and 99% of the letter of the law.”

Hastings denies any impropriety and said he acted in part on the advice of Fletcher.

Hastings did not inform three of his colleagues about the potential conflict until about two weeks ago, after rumors of his ties to Rogers began circulating at City Hall. Hastings said he saw no reason in February to mention those ties but had planned to tell his colleagues privately before they discussed the arena again in a closed-door session scheduled for Tuesday.

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Hastings was hired last December as president of National Media Consultants Inc., a West Los Angeles firm that buys broadcast time for advertisers and advertising agencies, Chairman Milton J. Beckman said.

Rogers, who played Trapper John in the “MASH” television series, bought an 8% stake in the company that same month, Beckman said, and is a “passive investor” uninvolved in day-to-day operations.

Beckman also said that Hastings, as company president, would not financially benefit “in any way” from the approval of the arena. “Rogers’ investment in the arena group is independent of his investment” in National Media Consultants, Beckman said.

Three of the four other council members--all allies of Hastings--have declined to criticize or defend him.

“I don’t make judgments on other people’s actions,” said Councilman Thomas Flavin, the only councilman who said he was told about the potential conflict before the February vote. “I might have done it differently, but it’s not my place to second-guess him.”

But Councilman Thomas Murphy, a frequent critic of Hastings, said: “As far I’m concerned it’s a breach of trust. I’m very disappointed with him.”

Hastings and Fletcher agree that they briefly discussed the matter hours before the February vote. At the time, Fletcher offered to research the matter to advise the councilman at a later date on whether he was eligible to vote on the arena. Hastings said he would just leave the room any time the subject came up and told the city attorney not to bother seeking clarification from the state.

Hastings did not bring up the potential conflict with the city attorney again until about two weeks ago.

Hastings, who was mayor at the time of the vote and has served on the council since 1985, said he was not familiar with the proper procedure for handling potential conflicts of interest.

“This is my first conflict of interest in 7 1/2 years in the council,” said Hastings, who said he only learned Rogers was part of the development team in a newspaper article published several days before the February vote.

Murphy contends that Hastings discussed the proposed arena during an informal, non-voting council “study session” on May 12 held to set the city’s goals for the year. Public officials may neither discuss nor vote on issues in which they have a potential conflict of interest.

“I absolutely remember him having discussions,” Murphy said. “He was excited about this project.”

Hastings hotly denies the charge. Other council members and city officials at the meeting said they do not remember Hastings talking about the arena then or at any other time.

There are no audiotapes or videotapes of the May session because it was not a regular council meeting, City Clerk Marge Lauerman said. Her minutes of the meeting do not mention the arena.

City Manager Robert Ovrom and Fletcher characterized the arena discussion in May as “brief.” Even if Hastings had participated, they said, it probably would not constitute a violation.

The proposed arena “wasn’t discussed in any depth,” Ovrom said. “Nor were the merits of the project discussed. We just talked about whether it should be part of our list or 100 some-odd goals and we went on to other items.”

Hastings, who has said he will not seek reelection next year, said Saturday that he regrets not explaining the situation clearly to his colleagues and the public earlier.

“There are so many issues that come up, you just get kind of engulfed in it all,” Hastings said. “I was trying to do the right thing. It bothers me that people may think of this instead of the many positive things I’ve done for Burbank.”