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Burbank Violated Law on Airport, Judge Says

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TIMES STAFF WRITER

Six current and former Burbank City Council members violated state law by using public funds to mail fliers on the Burbank Airport issue to Glendale residents, an administrative law judge has concluded.

In a decision released Wednesday, Jaime Rene Roman said Burbank officials violated the state Political Reform Act when they sent the mailer in an effort to persuade Glendale residents to end a stalemate between the city of Burbank and the Burbank-Glendale-Pasadena Airport Authority.

The mailing cost $21,000, and was sent to 33,000 Glendale residents.

The state Fair Political Practices Commission is scheduled to review Roman’s opinion Friday. It could approve, reject or draft a new decision, said Sigrid Bathen, a commission spokeswoman. If approved, the commission would determine the amount of any possible fine at its Aug. 11 meeting.

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Burbank Mayor Bill Wiggins, Vice Mayor Bob Kramer, Councilman Dave Golonski, Councilwoman Susan Spanos, Councilwoman Stacey Murphy and former Councilman Ted McConkey signed their names to a mailer that went to residents living outside their jurisdictions, Roman wrote.

The mailer urged residents to put pressure on their elected officials to meet with the city of Burbank to resolve the ongoing dispute over expansion of Burbank Airport.

The mass mailing was “born of a clear frustration with . . . the lack of collaborative cooperation by fellow elected officials in the cities of Pasadena and Glendale, airport authority intransigence and a multitude of lawsuits,” Roman wrote. “It is the [airport] authority and not the city of Burbank that administers the airport.”

Burbank officials Wednesday strongly rejected the draft decision’s conclusion.

“We disagree that sending a mailer outside the city limits is a violation of the law,” Burbank City Atty. Dennis Barlow said. “We think that the commission has gone too far in prohibiting us from mailing information to neighboring cities.”

If the commission approves the draft decision, Barlow said city officials would consider further legal action.

The code was enacted to prevent incumbents from gaining an unfair advantage over opponents in elections by sending mass mailings to voters in their jurisdictions at government expense, Barlow said, and not to keep city officials from communicating with neighboring municipalities.

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The mailing is another twist in a running battle among the cities that run the airport under a joint powers authority.

The Airport Authority wants to build a larger terminal, which Burbank has strongly resisted, saying residents object to increased noise.

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