Community Editorial: Full-Time Supervisors Make No Sense
By MICHAEL MOODIAN, The Voice of OC
Orange County Supervisor Todd Spitzer has often criticized disgraced former Public Administrator John Williams and officials from the district attorney’s office for being corrupt and using their positions for personal gain.
But is Spitzer much different?
According to the Orange County Register, domestic violence victim Lori Galvin hired Spitzer, then a private attorney, to represent her as she sought restitution last year. Spitzer was sworn into office in January and a judge awarded Galvin more than $25,000 in April. Galvin filed a $24,500 claim against the County of Orange in May to recoup Spitzer’s legal fees. Spitzer, now a sitting county supervisor, recently admittedresearching and coauthoring the claim against the county.
This is a clear conflict of interest.
The law prevents state officials from profiting by representing outside entities in issues pertaining to the state. There is no similar law that applies to county officials, so Spitzer’s actions are not illegal. But are they ethical? Are they appropriate? Does this meet the highest standards of integrity we should demand of all of our public officials? Is Spitzer a hypocrite for attacking John Williams when he himself engages in questionable conduct?
Spitzer now claims he will donate the money back to the county. If this was his intention all along, he seems to have too much time on his hands given that he is dedicating his energy to an unnecessary legal battle.
This illuminates a much larger issue. I have often asserted that Orange County does not need a full-time board of supervisors. Former Supervisor Marian Bergeson once proposed eliminating the board and replacing it with a council of city leaders. At a minimum, a county such as Orange with very little unincorporated land would benefit from part-time supervisors. The number of citizens who live in unincorporated areas is smaller than the population of Irvine. Why do we need full-time elected county officials?
If supervisors disagree and insist that their work requires a full-time taxpayer-funded salary, how do they find time to maintain other jobs, which is what Spitzer does with his existing law practice? Three of these five full-time supervisors are also full-time political candidates: Pat Bates and Janet Nguyen are running for state Senate, and John Moorlach is running to represent a congressional district in which he does not reside. Spitzer will be the fourth candidate if he runs for district attorney.
This full-time board does nothing positive for Orange County. Moorlach, who claims he is a champion of fiscal conservatism, opts for a lucrative, taxpayer-funded pension plan for himself. We pay Janet Nguyen’s sister,Hong Nguyen, who once logged an average of 22 hours per week, $73,700 per year.
We can place an initiative on next year’s ballot that reclassifies these career politicians as part-time and eliminates their costly and unnecessary medical and pension benefits.
What are we waiting for?
Michael A. Moodian is an author, public policy analyst and Voice of OC Community Editorial Board member based in Rancho Santa Margarita. Contact him through his website — www.moodian.com — and follow him on Twitter (@mikemoodian).
Mike Moodian forgot to tell us in his piece that he ran against John Williams for South Orange County Community College District. I, along with Assemblyman Don Wagner, endorsed against John Williams and supported candidate Tim Jemal, who won. During the race, I successfully challenged John Williams’ inaccurate ballot statement, and a Judge agreed. While I was filing the lawsuit, Mr. Moodian asked me if I would represent him against Williams. It’s ironic that Moodian criticizes me for finishing up legal work for a domestic violence victim, when he asked me to represent him against Williams.
I have no Orange County victim cases and have not taken any new cases since becoming a County Supervisor. Victim Lori Galvin was wronged by a County prosecutor, and I was successful in getting her a lawful restitution order agreement against her perpetrator. (See my OC Register response below or at http://www.ocregister.com/letters/galvin-516729-bags-plastic.html)
Even before Galvin’s case, Moodian was calling for a part-time Board (see March 8 –http://www.ocregister.com/articles/county-498844-time-full.html and March 21 – http://www.voiceofoc.org/community_editorial_board/article_9c0f33fa-925a-11e2-9b30-001a4bcf887a.html). Moodian is still mad that he lost the election and that I supported now-Trustee Jemal.
It’s laughable for Moodian to again call for a part-time board by using victim Galvin to again make his point. I work 24/7 on behalf of the taxpayers. At the same time, I had a successful business before I became a Supervisor and my private sector experience actually makes me a better and more fiscally prudent elected official.
My Letter to the Editor in the OC Register (http://www.ocregister.com/letters/galvin-516729-bags-plastic.html):
My client, domestic-violence victim Lori Galvin, endured a grueling jury trial that resulted in the defendant being convicted for beating her and breaking her back [“Spitzer: Claim carries no conflict,” Local, July 11].
When the time came for the convicted defendant to be held financially accountable for Galvin’s injuries, the deputy district attorney dropped the ball, failed to do basic legal research and agreed to allow the convicted defendant to pay only $1,590 despite the fact that Galvin’s documented medical bills and lost wages were more than 10 times that amount.
The deputy district attorney, when originally shown his error, denied any wrongdoing. Galvin retained me to present the law to the prosecutor and to request a new restitution hearing before the judge. The court agreed that Galvin’s constitutional rights to full restitution had been violated.
Because the defendant wanted the $1,590 deal the prosecutor agreed to, the defendant appealed to the Appellate Division of the Superior Court (lost), the Fourth District Court of Appeal (lost) and the California Supreme Court (lost).
For more than a year, Galvin continued to suffer. Thankfully, at a later point, the district attorney’s office admitted its error in its own court briefs; but the damage had been done. By Galvin fighting the original act between the prosecutor and the defendant, her unlawful restitution order was reversed, and the defendant was made to pay Galvin more than $25,000.
When a government employee violates the law he or she should be held accountable. The deputy district attorney works for the county of Orange and the county is liable for that person’s malpractice. Through either poor training or laziness to do basic legal research showing victim Galvin’s right to restitution, victim Galvin was deprived of her basic legal rights. She retained me to reverse this injustice.
At the time Galvin asked me to help her I was in private practice. Cases don’t end just because someone gets elected to the Board of Supervisors. My duty to Galvin didn’t end either.
As Galvin’s lawyer, I organized the work I had already done in the case and assisted her to explain the nature of her county claim. I did not file the county claim and I have no contact with any decision-makers on her claim. Indeed, county counsel stated unequivocally: “I don’t see any impropriety at all.”
This is a good-news victim story that got lost in the sensationalism of Todd Spitzer as a public figure. I am proud Galvin fought and won.