Law Drafted to Ban Gifts to Officeholders : Reform: County ordinance would impose criminal penalties on both officials and donors.

County officials Tuesday proposed a stringent law that would impose criminal penalties on both public officeholders and donors who violate new rules about gift giving.

The draft ordinance drew immediate praise from political reform activist Shirley Grindle, who called it “the greatest single step to clean up government.”

The ordinance’s preamble states: “The common objective of these actions was to stem the erosion of public confidence in the integrity of county government caused by what was perceived to be undue influence. . . .”

Specifically, the proposed law calls for a total ban on gifts from donors who are under contract with the county or seeking government business. Violation of the new ordinance by county officials or donors would be a criminal misdemeanor.

The proposed law is more restrictive than the state Political Reform Act, which allows officials to receive gifts from donors seeking business before the county. Only when the gifts exceed $250 in one year is the officeholder required to abstain from voting on decisions involving the donor.

The new ordinance is expected to be the centerpiece in a package of political reform proposals to go before the County Board of Supervisors. The proposals follow the March 25 conviction of former Supervisor Don R. Roth on misdemeanor violations of state ethics laws.

Board of Supervisors Chairman Harriett M. Wieder said Tuesday that she absolutely endorses the proposal, which she hopes will “encourage trust in public officials.”

“Do you know who’s going to suffer the most as a result of this ordinance?” Wieder asked. “The restaurants where lobbyists have been scheduling these business lunches and dinners. They are the big losers in this.

“I hope the message in this is that people will know that you don’t have to buy expensive lunches, dinners and other gifts to do government business,” she said. “I think it’s a sad state of affairs when people have to hire lobbyists to do government business.”

One of the county’s most prominent lobbyists, Frank Michelena, did not appear fazed by the county proposal.

“I live by whatever the law is at the federal, state and local levels,” Michelena said. “Whatever they pass is fine with me.”

Provisions of the new gift law would cover more than 1,500 county employees and members of government boards and commissions. At the top of those levels would be the Board of Supervisors; members of the Orange County Planning Commission; the district attorney; the county counsel, treasurer and chief administrative officer; and officials who manage public investments.

The ordinance would also ban gifts from businesses or lobbyists who have done business with the county within a year’s time.

The measure does allow officials to accept gifts that fall into four specific categories:

* Gifts valued at $50 or less from educational, academic or charitable organizations.

* Tokens of condolence, congratulations or regret at illness or to commemorate special occasions as long as the gifts are valued at $50 or less.

* Prizes awarded on the basis of chance.

* Gifts from foreign nations, if turned over to the county.

“It’s an excellent, excellent ordinance,” said Grindle, who for years has sought a total gift ban in the county. Gift giving “has gone on for generations. There is only one reason you give a gift to a public official, and that’s to get something in return. I never thought this day would come.”