Harman targeted in FPPC complaint

Kenneth Ma

HUNTINGTON BEACH -- A local businessman has sent a letter of complaint

to the Fair Political Practices Commission, charging that Councilman Tom

Harman has violated conflict-of-interest laws by voting on items

involving clients who have used his legal services.”If the [state

commission] is going to investigate one City Council member, they should

investigate them all,” said Devin Dwyer, who runs John Dwyer

Construction.

Dwyer said this is not a “witch hunt” against Harman and that he plans

to conduct a personal investigation against the other council members.

Dwyer has pulled papers for the City Council election in November and

supported Jim Righeimer, a Fountain Valley businessman who ran against

Harman in the March primary for the 67th Assembly seat.

In his letter, sent Tuesday, Dwyer contends that Harman, an attorney,

provided legal services for Diane Baker, president of the Huntington

Beach Conference & Visitors Bureau, while voting on the bureau’s annual

budget. The bureau is funded entirely by the city. The letter also

questions Harman’s involvement with Baker because her salary is drawn

from the budget.

Harman publicly defended himself against the allegation during the

July 17 City Council meeting.

He told colleagues and city residents that he represented Baker on a

personal matter and not in her capacity as the head of the Conference &

Visitors Bureau. That type of representation, Harman said, does not

create a conflict of interest.

“The charges are unfounded, and [Devin Dwyer] is on a fishing

expedition,” Harman said in a later interview. “Lawyers have a duty to

keep confidential the names of their clients and the types of clients

they have.”

Baker has acknowledged that Harman represented her in a personal real

estate matter in 1996, a year after Harman was appointed to the council

to fill a vacancy left by Jim Silva.

Both Harman and Baker have said that more than $250 was charged for

the legal service, but neither has provided information indicating the

exact month for the service.

Public officials may have a conflict of interest if they receive $250

or more from companies or individuals involved in issues that come before

them, according to the Political Reform Act of 1974.

Harman voted to approve the bureau’s annual budget of $190,000 in

October 1996, according to records at the city clerk’s office. The budget

includes Baker’s salary.

Dwyer’s letter also states that Harman has represented American

Environmental Services, whose president, Louis Ippolito, serves as

treasurer on the board of Hyzer Sports, which operates a Frisbee golf

course in Huntington Beach Central Park.

“Councilman Harman voted on an agreement to allow their commercial

Frisbee golf operation in Huntington Beach, Central Park,” the letter

states. “I believe this requires further investigation.”Governed by the

rules of attorney-client privilege, Harman said he does not need to

disclose the names of his clients, including whether he has represented

American Environmental Services.

“I can’t respond to every claim,” he said, adding that his political

opponents “will have to look at my financial disclosures and go from

there. I think it is improper as an attorney to [reveal my clients], and

I think the law is clear that I don’t have to do that.”

Dwyer said he is gathering more information to substantiate the latter

charge against Harman.

If evidence of wrongdoing is proved, the state commission has the

authority to fine public officials up to $2,000 for each violation.