COSTA MESA : D.A. Asked to Probe Vote by Hornbuckle

A former planning commissioner has asked the Orange County district attorney’s office to look into a vote by Mayor Mary Hornbuckle last year that resulted in an estimated $7,000 increase in the value of her home.

Deputy Dist. Atty. Guy N. Ormes said his office received a letter last Friday from former planning commissioner Brian Theriot asking that the office investigate the June, 1990, vote. Ormes said the issue “probably will be� looked into.

Hornbuckle said Theriot’s request was “odd� because almost a year has passed since she cast the vote. Hornbuckle also said she requested and received information from City Atty. Thomas Kathe about whether her vote would be a conflict of interest before she voted.

Kathe said in a report to the council that because the possible increase in the value of Hornbuckle’s property was not substantial and was within the legal limit, Hornbuckle’s vote would not be a conflict of interest.

She voted in favor of closing off her street, as well as several other streets, as part of the Victoria Street widening project. Hornbuckle, whose vote broke a 2-2 council deadlock on the issue, was then a councilwoman and was selected mayor after the November election.

“There certainly was no question of whether or not I had considered a conflict of interest. I abstained and asked for an opinion by our city attorney,� she said. “We’re not planning to sell, so as far as I’m concerned it (the vote) has had no effect.�

Theriot said his main complaint is that Kathe apparently did not get an appraisal of Hornbuckle’s property before issuing his opinion. Theriot said he believes that the estimated property value increase of $7,000 is too close to what Kathe said was a $10,000 limit that would legally constitute a conflict of interest.

However, he also contends that public officials should not vote on any matter that would affect them financially.

“Should a public official be voting on an issue that would directly put cash, either now or in the future, directly into their pocket?� Theriot said.

He added that he only recently obtained documents to substantiate his complaint.

Jay Greenwood, spokesman for the Fair Political Practices Commission, said public officials are not allowed to participate in government decisions, including voting, if it is reasonably foreseeable that a decision could have a “material financial effect on their own personal economic interests.� That includes an effect on real property valued at $1,000 or more, he said.