Lawyer who investigated Garofalo switches teams

Theresa Moreau

HUNTINGTON BEACH -- The former general counsel for the Fair Political

Practices Commission once handled a conflict complaint about Huntington

Beach Mayor Dave Garofalo. Now Steven Churchwell represents him --

although state law may prevent him from appearing before the commission

on the mayor’s behalf.

Churchwell has already made his presence felt, lobbying the city

attorney’s office to delay sending the results of its investigation of

Garofalo until he has a chance to look at them.

Deputy City Atty. Sarah Lazarus said the city attorney’s office had a

draft with opinions nearly prepared and ready to be shipped off to the

the state agency Friday when Churchwell called to request the city

attorney delay sending the packet.

Lazarus said Churchwell asked for the delay to allow him time to

review his client’s information, which Garofalo just sent him.

“We’ve just given him a few days to review the material to bring

himself up to speed,” Lazarus said.

To which Councilman Dave Sullivan responded after Monday’s council

meeting: “I thought it was the FPPC that should be reviewing the

material.”

Churchwell, who worked with the state’s political watchdog from 1993

to 1999, has been hired by Garofalo as his lawyer for an impending

investigation regarding possible conflicts of interest.

He has worked with issues pertaining to public officials’ potential

conflicts of interest since 1986 and said his main priority will be to

interpret the law for Garofalo.

“Obviously I know the law, but I don’t know the facts; whereas Mr.

Garofalo knows the facts but doesn’t know the laws,” Churchwell said,

noting that since he received the case last week, he hasn’t had time to

crack the file filled with newspaper articles that Garofalo has sent to

him.

Garofalo said his reason for seeking his own attorney was he felt the

press would drag City Atty. Gail Hutton through the mud if he let her

represent him.

“His job is to take all [the Independent’s] allegations and prove to

the world I’m innocent. That is his job,” Garofalo said.

Churchwell said his task at hand will be to review all of the facts,

unwind all of the intricacies, then put together a statement.

“All I’ve been asked to do is take a look at the facts, and that’s all

I’ve been retained to do,” Churchwell said.

Under government code, taking a look may be all Churchwell can do.

The Public Reform Act prohibits state officials, which includes

Churchwell in his capacity at the Fair Political Practices Commission,

from being paid to communicate with their former agency in an attempt to

influence decisions -- or to influence certain proceedings -- for one

year after leaving the position.

In October 1998, Churchwell wrote advice in response to Hutton’s

request for an opinion regarding Garofalo and possible conflicts of

interest with his publishing businesses.

“Having been general counsel, all I gave was advice,” Churchwell said.

“If she asked anything else, that wouldn’t have come to me, that would

have gone to the enforcement division.”

Garofalo was referred to Churchwell by another law firm in Sacramento,

where Churchwell is headquartered.

“He needed advice then; he needs advice now, and that’s what I’m

trying to give him,” Churchwell said.

Last month, Hutton distributed a memo declaring her office would

request a formal opinion from the Fair Political Practices Commission on

the following matters:

* whether Garofalo may take part in decisions before the City Council

regarding advertisers who have made payments to Garofalo’s company, David

P. Garofalo & Associates;

* if Garofalo may vote on planning matters related to projects that

are located within 2,500 feet of Garofalo’s house in the 600 block of

Main Street, such as Commercial Investment Management Group’s Blocks

104/105 project; * if the purchase of the Poppy Hill Circle home in the St. Augustine

development could affect his ability to vote.

On its own, Hutton’s office is investigating whether the contract

between the Huntington Beach Conference & Visitor’s Bureau and David P.

Garofalo & Associates to publish the visitors guide violates a state law

that prohibits public officials from financially benefiting from city

business.