2 Officials Urge Leniency in Montgomery’s Sentencing : Courts: They say judge should consider ex-councilman’s years of public service.

MOORPARK —  While city officials scrambled to figure out how to fill the vacancy left by Councilman Scott Montgomery’s resignation and felony conflict of interest guilty plea, two council members called Friday for leniency in his sentencing.

Councilman John Wozniak and Mayor Paul Lawrason said they hoped the judge would take into consideration Montgomery’s more than 10 years of public service.

“We just had a senator from Washington who apparently sexually harassed women for 22 years get off with a slap on the back of the hand and a $90,000-a-year pension,” Wozniak said. “Compare that to what Scott did. He should be punished, but with jail time? What kind of message does that send?”

On Thursday, after faxing a one-sentence letter of resignation to the Moorpark city clerk, Montgomery, a councilman for seven years, pleaded guilty to a felony conflict-of-interest charge for accepting in 1993 a $3,500 loan from a Ventura County trash hauler, and then voting on the company’s contract extension.

As an admitted felon, he was obligated to resign his elected and appointed public positions, including his membership on the Ventura County Waste Commission.

He faces a maximum penalty of 3 1/2 years in jail and a $1,000 fine when he appears for sentencing.

While Deputy Dist. Atty. Mark Aveis said the judge does have discretion to reduce the charge to a misdemeanor--which could be expunged from Montgomery’s record after two years-- Aveis would not comment further on the case.

Both Wozniak and Lawrason have visited with Montgomery since his resignation, and both said he was distraught and worried about his future.

“I’m not so much worried about Scott Montgomery the city councilman as I am worried about Scott the man,” Wozniak said. “I was worried about how this might affect his job and his family.”

Concern for Montgomery’s well-being also was expressed by the trash company executive whose ties to the councilman led to the resignation and felony conflict-of-interest guilty plea.

“I’m shocked,” said Manuel Asadurian Sr., the former head of G.I. Industries, who continues to serve on the company board of directors.

“I couldn’t believe it when I saw the papers this morning,” he said. “I still can’t believe what they did to the poor guy. All he had to do was say he borrowed some money. I don’t understand it really.”

He hoped “for the sake of Scott’s family” the judge would lessen the charge when Montgomery is sentenced on Nov. 21.

Meanwhile, the City Council will soon have to worry about how Montgomery’s resignation will affect the city.

After a Friday morning discussion with City Manager Steve Kueny, Lawrason said the council is left with little choice but to fill the vacancy left in the wake of Montgomery’s resignation and guilty plea.

The city’s municipal code requires that the council appoint someone to fill the vacancy within 30 days, and then hold an election to fill out the remainder of the term. Montgomery’s term ends at the end of next year.

“The way I read it, and I’ve spoken to Steve [Kueny] about it, we’re left with little choice but to appoint someone,” Lawrason said.

Due to requirements for noticing and candidate filing, the soonest the city could hold a special election would be late January, he said.

That option, however, is not very attractive to most of the council members contacted Friday, because it could cost the city from $15,000 to $25,000.

Most of the council members preferred waiting until the regularly scheduled primary March 26. An election at that time would only cost the city about $5,000, officials said.

“March would really be the most effective time, but I’d like to wait and see what the public says and what the full council has to say,” Lawrason said.

The rules would give the mayor the option of submitting several names to be considered for appointment. Whoever was chosen to fill the seat would have to win the support of the majority of the council.

Lawrason said the city would very likely request that interested individuals submit their names for consideration.

Councilmen Bernardo Perez, Pat Hunter and Wozniak all supported a March election, but Wozniak and Hunter worried that members of the public would not support appointing another council member.

During last year’s election, after no candidates came forward to challenge Wozniak, Lawrason or Perez, the council opted to appoint the three members and save the city an estimated $4,500. Although the move saved the city money, it also made many residents angry.

Hunter and Wozniak both worried that another appointment would send the wrong message.

Although they said they wanted to wait and see what the full council had to say on the matter next week, both councilmen said they would prefer leaving Montgomery’s seat vacant until the March election.

“I just think anybody that goes onto the council should get there by a choice of the people,” Wozniak said.