New legislation may strengthen ethical guidelines

In the wake of former City Councilman Dave Garofalo leaving public

office, Surf City Assemblyman Tom Harman, a former Huntington Beach

councilman himself, has introduced legislation that would strengthen the

conflict of interest laws.

The bill gives guidelines to public officials, Harman said, both those

who are elected and those appointed to boards.

“Once they decide they have a conflict, which they have to decide on

their own, this legislation will give clear guidelines,” he said.

The bill specifies that public officials who have a financial interest

in a decision that comes before them for a vote must fully and completely

disclose to the public the exact nature of the conflict.

The officials must abstain from both the discussion and the vote.

But Harman, who served on the City Council when the investigation into

Garofalo’s misdeeds began, didn’t stop there. The bill further demands

that a public official with a conflict leave the room until after the

discussion and vote on the matter is concluded.

The reason for this, he said, is to avoid the potential for public

officials to steer or influence a discussion.

“I saw an occasion when Garofalo was mayor, he stated a conflict, then

continued to preside over the meeting, which is a means to control

discussion,” Harman said.

Harman said he had been planning to introduce the legislation and the

start of this new session and that its introduction closely following

Garofalo’s pleading guilty to one felony and 15 misdemeanor conflict of

interest charges was coincidental.

It was Garofalo’s actions, however, that prompted the bill.

“Garofalo had numerous conflicts and did not disclose them publicly,”

Harman said. “He failed to keep from voting, participated in discussions

-- all of those things are inappropriate when [we] have a conflict.”

He was pleased with the outcome of the Garofalo case but regretted

that it was so long in coming.

Harman feels the addition to the Fair Political Practices Act would be

an addition welcomed by local public officials.

“I think what he’s trying to do is take it back to what it was before.

It used to be that you had to disclose the conflict and leave Dias,” said

Mayor Debbie Cook. “I think it’s pretty easy to comply with and the best

way to deal with it because you do influence by your very presence.”

Harman said he expects bipartisan support for the bill.