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Home My WebLink About1990-03-06; City Council; 10521; TOM SMITH'S COMMENTS ON CITIZEN VOLUNTEERSCIBOF CARLSBAD - AGENWBILL "# ' < AB#~L DEPT. HD.= T-. MTG.3/6/90 TOM SMITH'S COMMENTS ON CITIZEN VOLUNTEERS CITY Am1 CITY MGRS DEPT. Mayor Lewis RECOMMENDED ACTION: Discussion only. ITEM EXPLANATION: - Mayor Lewis asked that this item be placed on the Council's agenda. This item is intended for discussion only. EXHIBITS: 1. Newspaper article from B1 ade Citizen by Mark Larabee. 2. Requested attachment from Council Member Pettine, memo and proposed agenda bill dated February 9, 1990. 8 5 0 z 2 0 4 I. - t; s z 3 0 0 1 State looking mto conflict charges against Mamaux ByMarkL,arabee Staff Writer CARLSBAD - The state Fair Political Practice Commission is looking. into com- plaints that Carlsbad City Councilman John Mamaux has a conflict of interest related to his recent disclosure of working for a local developer. The complaint was filed with the San Diego County District Attorney by Carlsbad lawyer Thomas W. Smith. The District Attorney, citing a possible conflict, would not pursue the complaint because Carlsbad Councilman Mark Pettme works for the District Attorney and could poten- tially be called as a witness, spokesman Steve Casey said. The complaint was fprwarded to the FPPC by the District Attorney, and Smith said he sent a copy to and the state Attorney General’s ofice. .No one at the Attorney General’s San Diego Office was available for comment. FPPC .spokeswoman Sandy Michioku said the commission was reviewing the allega- tions against Mamaux. “Until there is a determination there won’t be any comment,” Michioku said. Mamaux said the issue was nothing more than a “distraction.” ‘‘I think it’s a disservice to the communi- II ty,” he said. “It’s a waste of time.” The initial charges against the council- man were made by Carlsbad political activist Dan Hammer. Hammer, who ran an unsuccessful bid for council in 1988, accused Mamaux of a conflict of interest in a vote he made Jan. 2 concerning landscap- ing to portions of Palomar Anport Road. Earlier in the month, Mamaux disclosed that he had taken a job in November as president of Centre Mortgage Co. a sub- sidiary of Carlsbad’s Center Development ”. Co. The parent company‘holds building rights to most of the undeveloped land around Palomar Airport, as well as other undeveloped Carlsbad properties. install $500,000 worth of landscaping on Palomar Airport Road medians, was a con- flict of interest because the city project would benefit Mamaux’s new business. Mamaux’s new office is near the area. Smith, who filed the complaint with the District Attorney Jan. 1 1, said his action was “definitely political.” A known slow growth advocate, Smith sat on the city’s General Plan Review Committee in 1984 and co-chaired Concerned-Citizens, a slow- growth group who took the city to court in I986 over two conflicting growth reduction See Mamaux, Page A-8 Hammer said that Mamaux’s vote, to Mamaux large property interests should not facilities in this city is controlled by be allowed to run for local public developers.” offices. He said these people are Neither Hamer nor Smith saiC > From Page A-1 ballot measures. “boU_ght and paid for-” “I don’t think anyone who want- ing field in Carlsbad,” he said . & “People with a conflict of interest ed to run for office could do it,’ ’ Smith said ‘developer types” should not be sitting on these boards Smith said. “You have to basicall] control most of the city’s boards and and commissions. Look at it now. iommissions, and that anyone with Anything that has to do with public carry the ball for developers in this town or you won’t getany funding.” “1 just think we need a level play- he had political aspirations. A” e w I Submitted for inclusio with agenda bill by Council Member Pettine February 9, 1990 TO : MAYOR CITY COUNCIL FROM: City Manager AGENDA ITEM The attached is an agenda bill which Mayor Lewis has asked to be placed on the City Council Agenda for February 20, 1990. Under the City’s ordinance for agenda bills, I am submitting this to Council for review and comment if you so desire. If you do select to comment, I will need to have those written comments submitted to this office by 5:OO pm on Wednesday, February 14, 1990, in order for them to be incl uded in the agenda bill . 7 -+& RAYMOND R. PATCHETT jl d Attachment c: City Attorney Mayor Lewis i *: r . VI vna aLuunu - AYCI\ w "ILL AB# CITY MGR ncil Pate CINAm CONFLICT CHARGES AGAINST COUNCIL MEMBER MAMAUX MTG.2/20/90 DEPT. HD. TITLE: DEPT- RECOMMENDED ACTION: Discussion only. ITEM EXPLANATION: Mayor Lewis asked that this item be placed on the Council's agenda. This item is intended for discussion only. EXHIBITS: 1. Newspaper article from Blade Citizen, "State looking into conflict charges against Mamaux" . z c 0 4 .. 6, 6 z => 0 0 't w araw lootung mro conflict charges against Mamaux ByMarkLarak Staff Writer CARLSBAD - The state Fair Political Practice Commission is looking. into com- plaints that Carlsbad City Councilman John Mamaux has a conflict of interest related to his recent disclosure of working for a local developer. The Complaint was filed with the San Diego County District Attorney by Carlsbad lawyer Thomas W. Smith. The District Attorney, citing a possible conflict, would not pursue the complaint because Carlsbad Councilman Mark Pettine works for the Dismct Attorney and could poten- tially be called as a witness, spokesman The complaint was fprwarded to the FPPC by the District Attorney, and Smith said he sent a copy to and the state Attorney General’s office. .No one at the Attorney General’s San Diego Office was dvailable for comment. FPPC spokeswoman Sandy Michioku said the commission was reviewing the allega- tions against Mamaux. “Until there is a determination there won’t be any comment,” Michioku said. Mamaux said the issue was nothing more than a “distraction.” “I think it’s a disservice to the communi- Steve Casey said. E ty,” he said. “It’s a waste of time.” The initial charges against the council- man were made by Carlsbad political activist Dan Hammer. Hammer, who ran an unsuccessful bid for council in 1988, accused Mamaux of a conflict of interest in a vote he made Jan. 2 concerning landscap- ing to portions of Palomar Airport Road. Earlier in the month, Mamaux disclosed that he had taken a job in November as president of Centre Morcgage Co. a sub- sidiary of Carlsbad’s Center Development Co. The parent company holds building rights to most of the undeveloped land around Palomar Airport, as well as other undeveloped Carlsbad properties. Hammer said that Mamaux’s vote, to install S500,OOO worth of landscaping on Palomar Airport Road medians, was a con- flict of interest because the city project would benefit Mamaux’s new business. Mamaux’s new office is near the area. Smith, who filed the complaint with the District Attorney Jan. 11, said his action was “definitely political.” A known slow growth advocate, Smith sat on the city’s General Plan Review Committee in 1984 and co-chaired Concerned Citizens, a slow- growth group who took the city to court in 1986 over two conflicting growth reduction See Mam8ux, Page A-8 Mamaux large property interests should not facilities in this city is controlled \ be allowed to run for local public develooers.” Offices. He said these people are Nei;her Hammer nor Smith sa > From Page A-l “bought and paid for.” “I iust thmk we need a level dav- he had political aspirations. ballot measures. ing field in Carlsbad,” he ‘said “I don’t think anyone who war “People with a conflict of interest ed to run for office could do it Smith said “developer types“ should not be sitting on these boards Smith said. “You have to basical control most of the city’s boards and and commissions. Look at it now. carry the ball for developers in tt commissions, and that anyone with Anything that has to do with public town or you won’t getany funding r 9 e March 1, 1990 TO : CITY CLERK FROM: Council Member Mamaux FOR INCLUSION WITH AGENDA ITEM - TOM SMITH'S COMMENTS ON CITIZEN VOLUNTEERS Please let the record show that I am 100% in support of each and every citizen who serves on commissions or committees within the City of Carlsbad. These wonderful people bring diverse backgrounds, efforts, and ideas into a myriad of City business. The City of Carl sbad is very 1 ucky to have so many dedicated people willing to serve their community. It is unfair and totally irresponsible for them to be criticized as being part of any interest group. The "Big Lie" technique and the blanket criticisms of dedicated citizens is unfair. Lastly, I would like to commend Mayor Lewis for putting this matter on the agenda so that the Council can reaffirm their 100% support of all our committee and commission members within the City. &fl.y--. N J. MAMAUX Counci 1 Member mhs c; Mayor jL44 &f"% p -3 3/(9/fo d+ I +K r* 0 m &&C c- I- February 28, 1990 TO : MAYOR & COUNCIL MEMBERS FROM : Council Member Mark Pettine On January 9, 1990 Dan Hammer appeared before the Council and questioned Mr. Mamaux's potential conflict of interest in voting to allocate $482,000 to landscape a median adjacent to his office. Mr. Mamaux, without addressing the merits of this issue, unilaterally ordered staff to investigate Mr. Hammer. (See attached memo dated January 23, 1990.) The investigation of any citizen should only be conducted by our Police Department based upon probable cause. Investigations conducted for political purposes are abhorrent to our form of government. Shortly after Mr. Hammer appeared before the Council another citizen, Tom Smith, filed a complaint with the Fair Political Practices Commission (FPPC) concerning this same allegation. Shortly thereafter the Mayor placed this conflict of interest issue on the agenda for Council discussion. (See memo from City Manager dated February 9, 1990.) However, this agenda bill was redrafted and retitled at the last minute to focus away from Mr. Mamaux's conflicts, and to consider incidental comments made by Tom Smith concerning our commissions. (See attached memo from City Manager dated February 14, 1990.) This is akin to questioning whether a suspect is double parked during the course of a bank robbery. We should not use our City government to harass citizens who may express views not shared by some members of this Council. MAR (&L V. PETTINE Council Member " Attachments I? -"IcAw-A" Eq & dik 17 b-ag 3/4/70 4 *. 0 mi ,/ . -</. ' " - FOS T:iE Ih!FORMATIOP.I CIF ?;.;E l;iT'< CaU;iC;L \*>-? ClTY ,*= MANAGE2 j / January 23, 1990 TO : CITY MANAGER FROM : Library Director Council Member Mamaux asked me to look into Dan Hammer's role in dealing with a missing watch that had facts appear to be: 1. The prize watch was misplaced in packing up the Friends booth at the end of the Book Fair. been a drawing prize at the Friends Book Fair. The 2. Ted Bahry, who had been in charge of obtaining the prizes for the drawing, purchased a second watch to award to the winner. 3. Last December, while cleaning up the Friends closet in the library, Dan and Anna Knox found the original prize watch. 4. Dan turned over the found watch to Ted Bahry, since he had paid for the replacement. C E. LANGE Pab 7. 0 W February 9, 1990 TO : MAYOR CITY COUNCIL FROM: City Manager AGENDA ITEM The attached is an agenda bill which Mayor Lewis has asked to be placed on the City Counci 1 Agenda for February 20, 1990. Under the City' s ordinance for agenda bills, I am submitting this to Council for review and comment if you so desire. If you do select to comment, I will need to have those written comments submitted to this office by 5:OO pm on Wednesday, February 14, 1990, in order for them to be included in the agenda bill. "l % RAYMOND R. PATCHETT jld Attachment c: City Attorney Mayor Lewis i UP GARLSBAD - AGENW BILL c 1 AB# CITY MGR. CITY ATP( DEPT. HD.. TITLE: MTG.2/20/90 ncil M CONFLICT CHARGES AGAINST COUNCIL MEMBER MAMAUX DEPTU I RECOMMENDED ACTION: - Discussion only, ITEM EXPLANATION: Mayor Lewis asked that this item be placed on the Council's agenda. This item is intended for discussion only. EXHIBITS: 1. Newspaper article from Blade Citizen, "State looking into conflict charges against Mamaux" . I z 0 F 0 a 2 .. 0 z 3 0 0 1 1 atate IooKlng mto conflict charges against Mamaux ByMarkhbee Staff Writer CARLSBAD - The state Fair Political Practice Commission is looking into com- plaints that Carlsbad City Councilman John Mamaux has a conflict of interest related to his recent disclosure of working for a local developer. The complaint was filed with the San Diego County District Attorney by Carlsbad lawyer Thomas W. Smith. The District Attorney, citing a possible conflict, would not pursue the complaint because Carlsbad Councilman Mark Pettme works for the District Attorney and could poten- Steve Casey said. The complaint was fprwarded to the FPPC by the District Attorney, and Smith said he sent a copy to and the state Attorney General’s ofice. No one at the Attorney General’s San Diego Office was available for comment. FPPC spokeswoman Sandy Michioku said the commission was reviewing the allega- tions against Mamaux. “Until there is a determination there won’t be any comment,” Michioku said. Mamaux said the issue was nothing more than a “distraction.” “I think it’s a disservice to the communi- tialiy be called as a witness, spokesman c ty,” he said. “It’s a waste of time.” The initial charges against the council- man were made by Carlsbad political activist Dan Hammer. Hammer, who ran an unsuccessful bid for council in 1988, accused Mamaux of a conflict of interest in a vote he made Jan. 2 concerning landscap- ing to portions of Palomar Airport Road. Earlier in the month, Mamaux disclosed that he had taken a job in November as president of Centre Mortgage Co. a sub- sidiary of Carlsbad’s Center Development Co. The parent company holds building rights to most of the undeveloped land around Palomar Airport, as well as other undeveloped Carisbad properties. Hammer said that Mamaux’s vote, to install S500.000 worth of landscaping on Palomar Airport Road medians, was a con- flict of interest because the city project would benefit Mamaux’s new business. Mamaux’s new ofice is near the area. Smith, who filed the complaint with the District Attorney Jan. 1 1, said his action was “definitely political.” A known slow growth advocate, Smith sat on the city’s General Plan Review Committee in 1984 and co-chaired Concerned Citizens, a slow- growth group who took the city to court in 1986 over two conflicting growth reduction See Mamaux, Page A-8 Mamaux large property interests should not facilities in this city is controlled b: “bought and paid for.” Neither Hammer nor Smith sail From Page A-1 ballot measures. ing field in Carlsbad,” he said “I don’t think anyone who wan1 “People with a conflict of interest ed to run for office could do it, Smith said “developer types“ should not be sitting on these boards Smith said. “You have to basicdl control most of the city’s boards and and commissions. Look at it now. carry the ball for developers in thi commissions, and that anyone with Anythmg that has to do with public town or you won’t getany hding.’ be allowed to run for local public developers,” offices. He said these people are “I just think we need a level play- he had political aspirations. T * m . February 14, 1990 TO : MAYOR CITY COUNCIL FROM: City Manager AGENDA ITEM The attached is a redrafted agenda bill which Mayor Lewis has asked to be placed on the City Council Agenda for March 6, 1990. Under the City’s ordinance for agenda bills, I am submitting this to Council for review and comment if you so desire. If you do select to comment, I will need to have those written comments submitted to this office by 5:OO pm on Wednesday, February 28, 1990, in order for them to be included in the agenda bill. c x R. PATCHETT jld Attachment c: City Attorney Mayor Lewis * Cly OF CARLSBAD - AGENQ BILL - AB# CITY MGR, DEPT. byor Lewis CITY AllY MTG.3/6/90 DEPT. HD. TITLE TOM SMITH'S COMMENTS ON CITIZEN VOLUNTEERS RECOMMENDED ACTION: Discussion only. ITEM EXPLANATION: Mayor Lewis asked that this i tern be placed on the Council ' s agenda, This item is intended for discussion only. EXHIBITS: 1. Newspaper article from B1 ade Citizen by Mark Larabee. .. 2 0 F 0 4 $ z 3 0 0 I < i State looking kto conflict charges against Mamaux ByMarkLarabee Staff Writer CARLSBAD - The state Fair Political Practice Commission is looking into com- plaints that Carhbad City Councilman John Mamaux has a conflict of interest related to his recent disclosure of working for a local developer. The complaint was filed with the San Diego County District Attorney by Carlsbad lawyer Thomas W. Smith. The District Attorney, citing a possible conflict, would not pursue the complaint because Garlsbad Councilman Mark Pettme works tially be called as a witness, spokesman Steve Casey said. The complaint was fprwarded to the FPPC by the District Attorney, and Smith said he sent a copy to and the state Attorney General’s office. .No one at the Attorney General’s San Diego Office was svailable for comment. FPPC spokeswoman Sandy Michioku said the commission was reviewing the allega- tions against Mamaw. “Until there is a determination there won’t be any comment,” Michioku said. Mamaux said the issue was nothing more than a “distraction.” ‘‘I think it’s a disservice to the communi- for the District Attorney and could poten- ty,” he said. “It’s a waste of time.” The initial charges against the council- man were made by Carlsbad political activist Dan Hammer. Hammer, who ran an unsuccessful bid for council in 1988, accused Mamaux of a conflict of interest in a vote he made Jan. 2 concerning landscap- ing to portions of Palomar Airport Road. Earlier in the month, Mamaux disclosed that he had taken a job in November as president of Centre Mortgage Co. a sub- sidiary of Carlsbad’s Center Development . ’. Co. The parent company’holds building rights to most of the undeveloped land around Palomar Airport, as well as other undeveloped Carlsbad properties. Hammer said that Mamaux’s vote, to install S500.000 worth of landscaping on Palomar Airport Road medians, was a con- flict of interest because the city project would benefit Mamaux’s new business. Mamaux’s new office is near the area. Smith, who filed the complaint with the District Attorney Jan. 1 1, said his action was “definitely political.” A known slow growth advocate, Smith sat on the city’s General Plan Review Committee in 1984 and co-chaired Concerned Citizens, a slow- growth group who took the city to court in 1986 over two conflicting growth reduction See Mamaux, Page A-8 Mamaux large property interests should not facilities in this city is controlled b be allowed to run for local public developers.” Neither Hammer nor Smith sai, From Page A-1 “I just think we need a level play- ballot measures. ing field in Carlsbad,” he said “I don’t think anyone who want i “People with a conflict of interest ed to run for offce could do it, Smith said “developer types” should not be sitting on these boards Smith said. “You have to basicall control most of the city’s boards and and commissions. Look at it now. carry the ball for developers in thi commissions, and that anyone with Anything that has to do with public town or you won’t getany funding.’ he had political aspirations. I A :