THROUGH MY EYES -- RON DAVIS

When one is accused of a crime, either directly or indirectly, the

damage to one’s reputation is incalculable, even if the charges are never

actually filed. Even if the charges are eventually dismissed, questions

will always linger. Accusations make the front page, vindication lines

the bird cage. I know. I’ve been there.

So with that, I have the utmost sympathy for three employees of the

city of Huntington Beach who have suffered the public suggestion that

they may have been guilty of some criminal conduct.

At the last Huntington Beach City Council meeting, City Atty. Gail

Hutton publicly reported the action taken by the City Council in a

previous closed session. She reported that the council had voted to

retain three private attorneys to represent Bob Beardsley, the city’s

public works director; the past director of public works, Les Jones; and

maintenance supervisor Don Noble in connection with the Orange County

Grand Jury and district attorney’s investigation of the alleged failure

of the city to report the Downtown sewer leaks discovered in 1996.

Hutton publicly reported the City Council had found that hiring these

three private lawyers was in the best interest of the city and further

found “that any criminal action brought against” these three city

employees “will be brought on account of an act or omission they made

within the course and scope of their employment.”

What you should know is that -- according to these attorneys and Scott

Fields, who is serving as acting city attorney -- no charges have been

filed. Moreover, based on conversations I had with each of the attorneys

for these past and present employees, they anticipate no charges being

filed.

What troubles me is that neither the City Council nor the city

attorney publicly reported that private lawyers had also been retained

for the same grand jury proceeding to represent past City Administrator

Mike Uberaga, present City Administrator Ray Silver and two additional

city employees.

The city attorney apparently has the legal right to approve contracts

of less than $20,000, such as those involving the legal representation of

Uberaga, Silver and the other two city employees. So one wonders why the

city attorney felt it necessary to seek the approval of the contracts

involving legal representation for Beardsley, Jones and Noble, when they

too involved less than $20,000.

It seems to me that all of the contracts for individual legal

representation should have been publicly disclosed or none publicly

disclosed.

The grand jury conducts an investigation in two areas: first to

determine what happened, and then to determine if what they determined

happened violated any laws. There is certainly no shame and no inference

should be drawn by anyone being subpoenaed before the grand jury. Given

the professional reputations at stake in the proceedings, it was

appropriate to retain independent counsel for each of these employees and

past employees. But, in my judgment, singling three of them out and

announcing to the public that any criminal action brought against the

trio, without mentioning the other four, “o7 will be brought on account

of an act or omission they madef7 “ unduly tarnishes the reputation of

three dedicated employees.

The fact that these three were singled out may imply to some that the

city attorney, the City Council and the city administration have evidence

to suggest that these three employees are in some way culpable,

regardless of what the grand jury decides. I don’t think that’s the case,

and if not, all branches of our city government ought to publicly go on

the record and say so. * RON DAVIS is a private attorney who lives in

Huntington Beach. He may be reached by e-mail at o7 [email protected]