THROUGH MY EYES -- RON DAVIS

I always enjoy it when the city of Huntington Beach drags out its

oversized Maytag dryers equipped with that special spin cycle. Most

dryers come with varieties of drying cycles along with the spin cycle,

but criminal defendants, like the city, frequently modify the machine so

as to toss the laundry so the dirty side is never exposed.

I don’t blame city officials for trying to put the best face possible

on their embarrassing conviction -- virtually every defendant I’ve ever

met minimized their responsibility, and the city is certainly no

exception.

I will attempt to show you both sides of the laundry.

As most of you are probably aware, on March 28 Pam Julien Houchen, in

her capacity as mayor of Huntington Beach, entered guilty pleas to three

criminal charges relating to the Downtown sewer leaks. These charges were

deemed to be misdemeanors several days later.

The city has indicated they entered these embarrassing pleas not

because they were really guilty, but in order to allow the city to get on

with things and to save the taxpayers the anticipated $250,000 it might

cost to go to trial.

You get hogwash when you run a pig through a washing machine, and

that’s exactly what that explanation by the city is. Beginning in

November 1995 and through the summer of 1996, the city staff examined the

Downtown sewers. Report after report documented a badly leaking sewer

system and indicated “these problems are leaking into the ground and

posing a threat to the city’s water supply and the public’s health.” It

wasn’t until these sewers leaked for an additional three years that the

city undertook repairs. Given that the city knew about the condition of

the sewers in late 1995 and early 1996, do you think the city “knowingly”

allowed a pollutant (sewage) to be pumped into the ground? Of course they

did.

And that’s exactly what the city pleaded guilty to -- knowingly

discharging untreated sewage in violation of the law. Not so as to save

you taxpayers money, but because they were guilty as charged.

The city’s Maytag dryer also has a special spin cycle -- City Atty.

Gail Hutton.

When the plea was entered, the court asked the city if they had

anything to say before sentencing was pronounced. Hutton addressed the

court and indicated that after the city discovered the leaks, “We

immediately set upon a course” to repair them.

Well, I guess that’s true if “immediately” means three years and

hundreds of thousands of leaked gallons of raw sewage later.

I recognize I will be accused of saying this as result of sour grapes

(I ran against Hutton for city attorney a couple of years ago and lost)

or posturing for future political office.

But I have to say that I believe Hutton, who was elected to be our

independent city attorney, bears some responsibility for these

embarrassing convictions.

Our City Council was made aware at public meetings, again and again

and again, that our Downtown sewers were leaking raw sewage into the

ground.

I believe it should have occurred to some of them that allowing this

condition to continue might have constituted some legal violation. But

certainly the members of the city attorney’s office, who attended all of

these meetings, by virtue of their legal training and experience should

have recognized the legal exposure of the city and forcefully advised the

City Council.

That’s what an independent city attorney ought to be doing. But she

appears to have done nothing to protect the city and the citizens from

this front-page embarrassment.

Most of us would have recognized that we might be violating the law by

continuing to pump raw sewage into the ground. Was it too much to ask

that Hutton have the same instincts and research the matter? I don’t

think so.

Oh, and by the way, before I wrote this column, I contacted Hutton’s

office and told her, through her receptionist, that I believed she was at

least partially responsible for these criminal convictions and wanted her

side of the story.

She declined my invitation.

* RON DAVIS is a private attorney who lives in Huntington Beach. He

may be reached by e-mail at o7 [email protected]