Planner Must Find Out If He Broke Law, Roth Declares

Orange County Planning Commissioner C. Douglas Leavenworth has been instructed by Supervisor Don R. Roth to determine immediately whether his votes affecting a major development company violated California’s conflict-of-interest law.

“What I told him was, ‘A., get your act together and get to the bottom of the problem and contact me,’ ” said Roth, who appointed Leavenworth to the commission and has the power to remove him at any time.

“I told him,” Roth said in an interview, “ ‘I want you now to take the initiative. If you have to go to the district attorney, do it. . . . You better get some information on what’s right, what’s wrong. Don’t just sit back and try to justify it to me, because that doesn’t work.’ ”

The Times reported Friday that Leavenworth may have violated the law by voting on matters affecting the Mission Viejo Co. within a year after he accepted $365 worth of golf privileges, meals and theater and sports tickets in 1987 from the firm.

State law prohibits public officials from voting on matters that financially affect a company within 12 months after the firm has given an official gifts worth $250 or more.

Planning Commission records show that Leavenworth voted 22 times in 1987 and 1988 on matters affecting the Mission Viejo Co., each time favoring the positions urged by company officials.

Sworn financial disclosure statements filed annually by Leavenworth show that, in 1984-89, he received gifts worth $1,207 from the company.

Leavenworth, who has denied any wrongdoing, declined on Tuesday to say how he will respond to Roth’s requests.

Roth said his telephone conversation with Leavenworth, on Monday morning, was the first time that the two had discussed the controversy.

The supervisor said he told Leavenworth that, after determining his legal standing, he should consider filing an amended financial-disclosure statement with the county and the California Fair Political Practices Commission.

The state FPPC can impose $2,000 maximum fines for separate violations of California’s conflict-of-interest law. The county district attorney’s office could prosecute such violations as misdemeanors.

Leavenworth had said last week that, after speaking with David A. Celestin, the Mission Viejo Co.’s executive vice president for planning and governmental affairs, he suspected that he may have overstated the value of gifts provided to him by the firm.

Roth, stressing that he does not review Leavenworth’s annual financial-disclosure forms, indicated that he will wait and see how Leavenworth responds before assessing whether to keep him on the Planning Commission.

Leavenworth was appointed originally by then-Supervisor Ralph Clark, then reappointed by Roth in June, 1987.

“I don’t think I should fire him when he’s under fire,” Roth said.