Backer of Anti-Affirmative Action Initiative OKd for City Panel : Government: Under council questioning, Jeff Brain agrees to follow municipal policies despite his views and is approved 9 to 3 for seat on Productivity Commission.

The ongoing battle between the mayor’s office and the Los Angeles City Council over city commissioners’ views on affirmative action took an odd turn Wednesday when an admitted supporter of the controversial California Civil Rights Initiative was narrowly confirmed for a spot on the little-known Productivity Commission.

Jeff Brain, who ran unsuccessfully for a council seat earlier this year, survived half an hour of now-routine grilling from council members regarding discrimination and preferential treatment for hiring, promotions and contracts--subjects that have virtually nothing to do with the tasks of the commission for which he was nominated.

He finally garnered nine votes--one more than the minimum for confirmation--but not before Councilman Hal Bernson blasted his colleagues for haranguing Brain about his views on affirmative action.

“Here we go again with the inquisition, McCarthyism and all that stuff. I, frankly, I’m really getting tired of it,” Bernson said. “If we all believed the same thing, what kind of world would this be?

“We should not persecute him,” he added. “Are we the Nuremberg jury?”

Brain, a 35-year-old Sherman Oaks realty agent and Republican, said he supports outreach efforts to minorities, but endorsed the initiative because he does not believe anyone should get special treatment when jobs are actually handed out. The initiative, which has not yet qualified for the state ballot, would ban preferential treatment for women and minorities in the public sector.

“I support outreach. I support giving people opportunity to achieve,” Brain said. When pressed about his endorsement of the initiative, Brain added: “That is my personal opinion. I recognize the rules and policies of the city, and I am prepared to abide by those rules.”

Brain’s confirmation is the latest skirmish in a monthlong battle between the mayor and the council in which two other commissioners who support the initiative ended up resigning. It calls into question a vow by many council members that they would reject all commissioners who oppose the city’s affirmative action policies, which would be undermined if the initiative passed.

Particularly surprising Wednesday were “yes” votes from council members Richard Alarcon and Ruth Galanter, who have both been outspoken in the ongoing affirmative action debate.

Galanter said she “didn’t mean to vote for him,” but was talking to a staff member on the sidelines when the roll was called and missed the vote. Unless council members press the “no” button, their votes are automatically recorded as “yes.”

Alarcon said during the hearing that he considers Brain a friend, but also criticized him for seeming confused by the council’s questions.

“We’re continuing to get commissioners who don’t understand what affirmative action is,” Alarcon said. “If somebody chooses to take a position on [the initiative], I would expect them to understand affirmative action. It’s irresponsible for somebody to take a position on something that’s going to gut our affirmative action program without understanding what our affirmative action program is.”

After the meeting, Alarcon said he voted for Brain despite his views because the Productivity Commission does not regularly deal with affirmative action.

“It seems as though he put his personal friendships ahead of his espoused political views,” Councilman Mark Ridley-Thomas said of Alarcon after the meeting. “Those who claim to be liberal are not always consistent in voting their principles. If the progressive forces on the council expect to persuade anyone of our resolve to defeat the CCRI, today’s vote cannot repeat itself.”

Voting against Brain’s confirmation were Ridley-Thomas and council members Jackie Goldberg and Mike Hernandez. Council members Richard Alatorre, Nate Holden and Rita Walters missed the meeting.

During the session, Hernandez offered perhaps the harshest interrogation.

“Why do you think there is such a lack of parity [in the city’s work force]?” Hernandez asked.

“I think you’re right,” Brain said, “I think there have been biases and discrimination.”

Still, Brain said he could not support preferential treatment, leading Hernandez to conclude: “I’m not sure that you have the will to correct past discrimination.”