RON DAVIS -- Through My Eyes

You’ve got an important project coming before the Huntington Beach City

Council that means some serious revenue for your company. You’ve been

working with the council on this significant project for several years,

and you’re still months or years away from a final approval.

While your project is wending its way through the process, your company

receives a solicitation from the Local News by the mayor, Dave Garofalo,

for advertising in the Huntington Beach Visitor’s Guide at a cost of

$2,995. You know Garofalo benefits from the publication of the Local News

and the visitors guide.

Do you buy the ad or decline, and wonder whether your declination will

surface during the approval process?

Meet Commercial Investment Management Group, the company with a

$46-million project that bought the ad.

I’ve talked with John Given, vice president of development for CIM, and

he told me Garofalo personally solicited CIM for the ad, rather than the

reverse. He vehemently denies that CIM ever considered potential adverse

consequences to their project if the company didn’t buy the ad.

I have trouble with their denial, not because I don’t believe they aren’t

being truthful, but because I can’t trust their answer because of the

position the mayor has put them in.

What are they going to say? “Sure, we bought the ad out fear of

retaliation from the mayor” and further jeopardize their project?

To me, it’s common sense. Most people with projects before the City

Council want their projects approved. And very few people will run the

risk of alienating the mayor by refusing to buy an ad when solicited to

do so.

Were I CIM, $2,995 would seem like a mere pittance when compared to a

project that might amount to $46 million. Responding favorably to such a

solicitation isn’t bribery, it’s insurance.

I have sympathy for CIM, which did what most of us would have done had we

been put in the damned-if-you-do, damned-if-you-don’t pickle by Garofalo.

The fact that the check was made payable to David P. Garofalo &

Associates rather than the Local News means absolutely nothing to me.

I am not disturbed that CIM wrote the check. I am disturbed Mayor

Garofalo asked for one.

I don’t believe this was a random solicitation and suspect that CIM was

on Garofalo’s solicitation list solely because CIM had a project before

the mayor and City Council.

Garofalo’s astute enough to know they would have a hard time turning him

down.

I won’t opine on whether this constitutes a violation of law. But, I will

tell you that I think the solicitation of anything of value from anyone,

by any public official who knows the person or entity has or will

immediately have business before the City Council, is improper and

unethical.

I recognize the mayor must make a living. But that living shouldn’t be

derived from a very subtle fear that if you don’t buy from the mayor,

something bad might happen.

Dave Garofalo is right. It’s not easy being Dave Garofalo. It never is

when you create your own difficulties.

* RON DAVIS is a private attorney who lives in Huntington Beach. He can

be reached by e-mail at o7 RDD@socal.rr.com.f7