Bill Could Hamper Anaheim Councilman’s Career : Legislature: The measure bars civil servants, such as police officer and official Lou Lopez, from serving on the local governing board.

Councilman Lou Lopez should choose between his political career and his job as an Anaheim police officer, according to a state assemblyman who sponsored a bill that will prohibit an employee of a local agency from serving on that agency’s governing board.

“You can’t report to the city manager by day and have the city manager report to you by night,” Assemblyman Brett Granlund (R-Yucaipa) said Friday. “The conflict is so blatant that not one member of the state Legislature voted ‘no’ on any committee or floor vote on this bill.”

The bill sailed through the Legislature earlier this month and arrived on Gov. Pete Wilson’s desk Thursday. If it becomes law, the bill will take effect Jan. 1, and its provisions would not apply to Lopez, unless he seeks reelection in 1998.

“It wouldn’t affect him by law, but a conflict has been recognized and ratified by both houses,” Granlund said. “Each person in violation of that law has to let their conscience be their guide as to whether they should be above the law.

“If we establish this by law, then you ought to give up your seat or publicly say that you don’t care if there is a conflict,” added Granlund, who said he was unaware of Lopez’s situation when he offered the legislation.

But Lopez, 51, said Friday that there is no conflict and that he has no intention of giving up his job on the police force, where he has worked for 26 years.

“I have a family to support,” Lopez said. “That’s the bottom line.”

When Lopez was elected to the council last November, he said he planned to retire from the force as soon as he found another job. But the councilman said Friday that he has been unable to find a job with hours flexible enough to allow him to carry out his council duties.

Lopez said he now plans to retire from the force in 15 months when he will have earned a better retirement package.

Because of a perceived conflict of interest, the councilman was forced to sit out lengthy negotiations over a new police contract approved by the council earlier this month. But he said that, except in that instance, he has been a full participant in all council matters.

“There’s no conflict on my part for the next three years, because we just signed a three-year contract,” he said. “I’m a councilman who is serving the public, and the No. 1 concern across the nation is crime. If anything, I’m a positive.”

Granlund concedes that police officers probably have the least potential for conflict, but he believes that all potential should be eliminated.

“You are still privy to closed session information, confidential memos and documents,” Granlund said. “You still have total access to your fellow members. Anyone who tries to act like this doesn’t happen is just plain wrong.”

Councilman Bob Zemel, who was elected to office at the same time as Lopez, said the bill does raise some legitimate issues, but he declined to comment directly on Lopez’s situation.

“I do believe the potential for conflict is there,” Zemel said. “A person in that position must be very careful and concerned with the decisions they make.”

Other council members could not be reached for comment Friday.

If the bill becomes law, an employee of a local agency cannot be sworn into office as an elected or appointed member of the agency’s legislative body, unless he or she resigns as an employee. If the employee does not resign, the employment would be terminated automatically as soon as the official is sworn into office.

The law would apply to the governing body of a city, county, district, municipal or public corporation, political subdivision or other public agency of the state. It would not affect volunteer firefighters, who do not receive a salary.

Granlund said he has seen several instances across the state where employees are members of the governing body that they work for. He said his bill was specifically targeted at council members who hold positions such as public works director.

“This bill is just plain good public policy,” he said. “I can’t imagine a scenario where the governor wouldn’t sign it.”