Wilson Asks for New Vote on Rehiring of Attorney

Seeking to undo an act that caused a political backlash among his constituents, Supervisor Tom Wilson is requesting a new vote on whether to rehire the law firm that has spearheaded the county’s legal effort to create a second commercial airport in Orange County.

Wilson, whose supervisorial district is predominantly anti-airport, came under attack last week after he passed up an opportunity to derail the county’s contract with Michael Gatzke, a savvy private attorney seen as a key player in the county’s drive to transform the retiring El Toro Marine Corps Air Station into a commercial airport.

Instead of scuttling Gatzke’s contract, a closed-door meeting to discuss the issue resulted in his rehiring when Wilson gave the three pro-airport supervisors the fourth vote they needed to approve the hiring of Gatzke.

Losing Gatzke as their lead lawyer would have been a major blow to airport proponents, both opponents and supporters of the airport plan agree.

In the wake of Wilson’s vote, irate airport opponents took steps to dry up contributions to Wilson’s reelection campaign, and South County leaders called a private weekend meeting with the supervisor to air their concerns that he had failed to aggressively represent his constituents’ interests.

On Thursday, Wilson insisted that it was not political pressure that prompted him to revive the Gatzke issue at next Tuesday’s meeting.

Wilson has said his vote represented a show of support for County Counsel Laurence M. Watson, who had extended Gatzke’s contract without explicit board approval, and not an endorsement of Gatzke.

“I think that my discussion with the South County folks was a matter of clarification, and I affirmed my opposition to aviation use at El Toro, and I assured them that this issue was not going to fall by the wayside,” Wilson said Thursday.

Critics also said all was forgiven.

“I’m very happy that he is bringing it out into the open, and he deserves our vote of confidence,” said Laguna Niguel Councilwoman Patricia C. Bates, who said their weekend meeting “was certainly a catalyst for him to move to a leadership position on this issue.”

But pro-airport observers say Wilson’s delayed action is purely for political mileage and yet another example of the “guerrilla warfare” tactics waged by airport foes.

“He took some heat, and he changed his mind,” said Newport Beach Mayor Thomas C. Edwards. Wilson “keeps saying he doesn’t want to be an obstructionist but this is purely an obstructionist move.”

Other supervisors pledged to vote against any attempt to take Gatzke out of the El Toro battle.

“We would never be able to hire competent counsel on an issue as divided as El Toro, because there would always be two supervisors voting against it,” said Supervisor Charles V. Smith, an airport plan supporter.

Smith noted that a four-fifths majority is needed to ratify a contract for outside counsel. He said that the bid to revisit Gatzke’s contract is “a political move on the part of the anti-airport people to torpedo the legal process.”

For more than three weeks, the issue of ratifying a contract with Gatzke, who has worked with the county for more than 14 years on matters related to John Wayne Airport, has inflamed county discussions on El Toro.

Leading the charge was Supervisor Todd Spitzer, who contended that Gatzke’s continued work for the county was illegal, since the board had never specifically agreed to hire him for litigation involving El Toro.

On the basis of a 1991 board resolution that arguably gave him the authority to do so, Watson extended Gatzke’s 1994 contract in a 1997 memorandum. This contract extension was never brought before the board, and it did not specify work on El Toro litigation.

Watson, who is usually low-keyed, threatened to quit over the Gatzke contract, if the Board of Supervisors undercut his decision.

Neither Watson nor Gatzke was available for comment Thursday.

Gatzke’s contract further enraged airport opponents when officials revealed that the county owed his firm nearly $1 million in legal fees tallied from January 1997 to February 1998.

“The board approved one lawyer for one year of work for $1 million without any board oversight and that is what I have been objecting to all along,” said Spitzer, who last week fumed against Wilson’s action. “I’m glad that Supervisor Wilson will be getting clarification from our county counsel on this issue.”

On Tuesday, Wilson hopes to take a new vote on the Gatzke contract, as well as rescind the 1991 resolution that allowed the county counsel to hire attorneys without a vote from the Board of Supervisors.

In addition, Wilson said he would support the hiring of an outside attorney to look into whether the board violated the Ralph M. Brown Act when they met in closed session to discuss the Gatzke matter, as airport foes have alleged.

“I personally think this is a wise move,” to bring the issue back, said Mission Viejo Mayor Susan Withrow. “I think [Wilson] is clearly going to be more vocal and take more of a leadership role as a result of this, because he understands how important every action he takes is on this issue. He has become more sensitized.”