Gift Ban Helped County Improve Its Soiled Image
Four years ago this month, Orange County became the first county government in the nation to ban gifts to its 1,650 officials and employees in positions to influence decisions over county contracts.
It was a crucial step in a crusade by local reformers to clean up politics in a county that had been designated 16 years earlier by California Journal magazine as the “dirty tricks capital of California.” Then, 43 county officials had been charged with crimes ranging from laundering contributions to using county resources for political work.
The gift ban followed revelations that executives of the Santa Margarita Water District had accepted thousands of dollars in golf vacations, lunches and other perks from companies with district contracts. Less than a year later, then-Supervisor Don Roth pleaded guilty to failing to report gifts of home landscaping, meals and other favors from those seeking county business.
That was the final straw for Shirley Grindle, who for seven years had fought to end the free-wheeling practice of lobbyists and business executives who wined and dined elected officials. She helped write the ban, which received unanimous approval by county supervisors.
“It seems like it’s been less than four years,” Grindle said last week of the landmark ban. “While, obviously, some people can grumble about it, by and large it’s made for clear-cut decisions on how to deal with people” who might attempt to influence decisions.
“I know a lot of [county employees] are pretty happy because they don’t have to worry about whether [accepting] something is appropriate,” she said. “It makes it easier for people to say no.”
In January 1996, the House of Representatives adopted its own no-gift policy, fashioned after a gift-ban bill coauthored by Rep. Ed Royce (R-Fullerton). The only exceptions allowed are gifts from family members and close friends and inconsequential items such as honorary plaques and greeting cards.
Governments were not the only entities to decide that gifts should go. In 1993, Disney officials ended their practice of giving gifts and complimentary Disneyland tickets to city officials. Two council members’ acceptance of the perks had led to the temporary suspension of the members’ voting authority on the amusement park’s $3-billion expansion.
Despite the county vote, a move for cities to adopt similar bans quickly stalled. So far, Santa Ana and Orange are the only cities to have done so. The rest of the cities follow state law, which prohibits gifts of more than $270 in a calendar year.
Santa Ana City Councilman Ted R. Moreno, who pushed for the council restrictions, said keeping faith with distrustful constituents made the decision to ban the largess easy. “In a day and age when a lot of residents and constituents have little faith in their officials, we have to show that we’re watching our pennies,” he said.
Anaheim Mayor Tom Daly said the city is well-served by state law and does not need a more restrictive ordinance. The state’s $270 limit, he acknowledged, allows council members and officials to accept perks such as seats and box privileges at the newly renamed Edison International Field of Anaheim.
But it also enables officials to perform valuable functions.
“Every year, the Chamber of Commerce has their annual dinner, and I’m a guest at a table paid for by the Anaheim Marriott,” Daly said. “I think [events] like that are entirely appropriate. The state law is so clear and restrictive, we don’t need a local ordinance. It’s a good law.”
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When Orange passed its gift ban, the city addressed an issue that continues to cause consternation in the county ban: It made an exception for any item under $5 in value. It is called the “coffee-and-doughnuts exemption.”
Shortly after the county law took effect, county counsel Jim Mead issued an opinion that the language was so restrictive that county officials and employees could not accept so much as a cup of coffee without paying. County officials grumbled at the strictness. But a year later, they found the ban had unexpected value.
When scandal enveloped the county on the heels of its December 1994 bankruptcy, county officials were ordered to appear before a Senate committee exploring connections between county decisions and contributions and gifts from the financial community.
“People on committee thought they were having a field day when they laid out the question, ‘How many dinners and freebies have you received from the finance industry?’ ” she said. “I think it was [former Supervisor] Gaddi [Vasquez] who said, ‘We can’t even take a cup of coffee in Orange County.’ ”
Grindle, incidentally, thinks the coffee ban is a “stupid interpretation.”
“I know that employees and officials take cups of coffee,” she said. “Who gives a hoot? I tell people, ‘Ignore it. Go have your cup of coffee.’ ”
About three years ago, Grindle approached then-Supervisor Roger R. Stanton suggesting the county law be amended to allow gifts worth up to $3. That would cover coffee and doughnuts but not those troublesome lunches and dinners. Stanton wanted an exemption closer to $25 or $50. No change was made.
Grindle said she is preparing an amendment with a minimal exemption that she will bring to supervisors this year for their consideration.
“The citizens of Orange County should be proud of a Board of Supervisors that took the lead to ban gifts,” she said. “I’m still amazed that the board ever adopted it. I’m proud that the board did that, no matter what their reasons. This is the greatest legacy that Don Roth left.”
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Perspective is a weekly column highlighting trends or events that define Orange County or an issue that affects the county. Readers are invited to call Los Angeles Times correspondent Jean O. Pasco at (714) 564-1052 or send e-mail to Jean.Pasco@latimes.com
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