Mayor plans to plead innocent

Barbara Diamond

Laguna Beach Mayor Wayne Baglin plans to plead innocent to charges

he violated a state government code prohibiting elected officials

from profiting from city contracts when he is arraigned today.

“There is no question that I will plead not guilty,” Baglin said

Thursday. “This will go to trial, unless there is a dismissal ahead

of the trial, at which all the fingerprints in this case will be put

on the table and identified.”

The Orange County Grand Jury indicted Baglin on Oct. 1, one day

after city officials testified about the sale of two properties on

Third Street to the city. Baglin brokered those sales and accepted a

commission from the property owners.

Baglin maintains he did nothing wrong in accepting the commission.

He said he was never told it was not allowed by law.

The mayor did not vote on the purchase, which would have been a

violation of the state Political Reform Act, which is administered by

the Fair Political Practices Commission. Baglin’s voluntary recusal

from the vote is not at issue, according to attorneys. He is accused

of violating State Government Code Section 1090.

Several years ago, former Councilwoman Lida Lenney was fined for

voting on a city contract with Waste Management of Orange County,

though her late husband, George, owned shares in the company.

Lenney was fined for voting, not for benefiting financially.

“The commission deals with when an elected official can

participate in a decision,” City Atty. Philip Kohn said. “Code 1090

specifically states that an elected official cannot benefit from a

contract with the city [the official represents].”

Baglin had been in office for about two months when he represented

property owners Dorothy and Edgar Hatfield in the sale.

The transaction has been under investigation for more than a year

by the Orange County district attorney’s office, which was alerted by

local residents. Baglin reportedly declined to accept an offer from

the district attorney to return the $36,000 commission and walk away

from the matter.

Baglin’s attorney, Michael Molfetta, has dismissed the accusations

against Baglin as politically motivated, but did not identify anyone.

Baglin’s feisty independence has on occasion put him at odds with

fellow council members, staff and community groups.

If convicted under section 1090, Baglin could be fined up to

$1,000, jailed or barred forever from holding public office in

California.

Should Baglin give up his seat on the council for any reason

before his term ends in December 2004, the council would be obliged

to decide whether the vacancy should be left unfilled until the next

regular election, filled by council appointment or by special

election. An appointment could be interim until the special election

or for the remainder of the unexpired term.

* BARBARA DIAMOND is a reporter for the Laguna Beach Coastline

Pilot. She may be reached at 494-4321.