Court Ruling May Hamstring Case Against Official

A political corruption probe of Bell Gardens City Manager Maria Chacon seemed on the verge of a serious setback Friday after a judge issued a tentative ruling saying Chacon may be exempt from conflict-of-interest violations.

But Superior Court Judge David Yaffe decided to put off his final decision after a prosecutor argued that Chacon, a former City Council member, unlawfully influenced fellow members to appoint her city manager.

Yaffe’s final ruling could have serious implications if the Los Angeles County district attorney’s office eventually files criminal charges against Chacon. She is under investigation for allegedly approving measures as a council member that cleared the way for her appointment as manager.

“The defense would raise this as an issue. It would complicate the case,” said Deputy Dist. Atty. Richard Wilson.

The underlying issue at Friday’s hearing involved Chacon’s attempt to get the city to resume paying her salary. City officials removed Chacon from the payroll in April after prosecutors advised them that her contract is void because she is a political corruption target.

But Yaffe’s tentative ruling threw the prosecution’s case into doubt. It said that conflict-of-interest laws do not apply in cases of council members who become salaried employees. Such cases are exempt, the law states, as long as there is no secrecy--that council members know the terms of hiring a former colleague as an employee.

“There was no secret. Everything was in the open and on the record,” said Chacon’s attorney, Edward Munoz, referring to the council’s appointment of her last year.

But Wilson cited a competing law that trumps the exemption rule, he said, if an official solicits support from fellow council members on matters in which she has an interest. Prosecutors contend that Chacon met privately with at least one fellow council member in November and discussed terms and conditions related to her appointment.

The hearing comes two months after authorities launched probes against Chacon and Cudahy City Manager George Perez, who is under investigation on similar charges. Both Chacon and Perez, as City Council members, voted to repeal ordinances that require a one-year period before former members can be eligible for appointments.

Prosecutors have not filed charges in either case.

Defense attorney Mark Geragos, who represents Bell Gardens City Atty. Arnoldo Beltran, whose offices have been searched as part of the probe, said the case against Chacon would suffer a devastating blow if the judge sticks to his tentative ruling.

“Case over, done deal,” Geragos said. “How can you violate the conflict-of-interest law if [the alleged crimes] are outside the scope of what’s prohibited?”

The judge is expected to issue a final ruling Monday.