Watering Down Ethics

The Metropolitan Water District of Southern California, struggling to reclaim public credibility after committing repeated political blunders in recent years, has shot itself in the foot again. MWD Chairman Phillip J. Pace of Montebello has violated the spirit of the law, at the very least, by soliciting campaign contributions from MWD contractors for Assemblyman Bob Hertzberg (D-Sherman Oaks). In a letter that appears to be written on MWD stationery, complete with the district seal, Pace invited “friends” of Metropolitan, including many of the hundreds of consultants and vendors who work on contract, to buy $500 tickets to a July fund-raising affair for Hertzberg in Montebello.

To those who received the letter, the unspoken message was to pony up or risk not having their contracts renewed. At least one consultant complained to the state Fair Political Practices Commission. An MWD spokesman said that Pace hosted the fund-raiser as a private citizen and emphasized that he is not a paid employee of Metropolitan. Indeed, the letterhead notes at the bottom that it was “not printed or mailed at public expense.” Pace said he was told beforehand by the district’s general counsel that there should be no legal problem.

This is something the FPPC may have to decide. But there appears to be no question that the action was improper and violated the ethics guidelines that the MWD board adopted shortly after the letter was mailed. One provision seeks to avoid potential ethical abuses stemming from the “solicitation of campaign contributions by board members, officers or employees and the receipt of contributions from bidders, contractors or subcontractors.”

In his letter, Pace identified Hertzberg as a key legislator who helped put together a critical water trade. It was in fact a trade that Metropolitan had earlier opposed, waging a costly political and public relations campaign against San Diego water officials.

The deal included a $225-million payment by the state to help meet conditions set by the MWD. Hertzberg, considered the likely successor to Antonio Villaraigosa (D-Los Angeles) as speaker of the Assembly, needs to do some explaining.

If the FPPC decides to investigate, it may be months before it determines whether a violation was committed. In the meantime, Pace should acknowledge his ethical lapse, apologize to the MWD consultants who received the letter and arrange with Hertzberg to return the $500 to anyone who requests it.