EDITORIAL

Is Gail Hutton the Huntington Beach version of Rip Van Winkle,

sleeping through a potential scandal as evidence piled up higher and

higher around her?

There are only two other possible scenarios, besides slumber, to

explain the city attorney’s behavior. Either Hutton just didn’t see the

potential conflicts of interest hanging on Mayor Dave Garofalo like a big

neon sign or she chose to ignore them.

We’re not sure which is worse.

Garofalo’s panache for mixing city and personal business has been

well-known around town since he was first elected in 1994. At one point,

he even had a double-sided business card: Councilman Garofalo on the

front, complete with city logo; business owner Garofalo on the back.

Garofalo said he often asked Hutton about potential conflicts of

interest, and that she always gave him the green light to vote.

The Independent has uncovered public documents that show Hutton sat by

while Garofalo blew through several red lights.

After he said he sold his business in 1997, Garofalo repeatedly voted

on advertisers, although state law prohibits him from voting on

advertisers for one year after the sale of his business.

In 1998, in a half-hearted attempt by Hutton, she sent some Garofalo

information to the Fair Political Practices Commission to get its advice

on the matter.

Hutton then advised Garofalo in writing to stop voting on advertisers

until the year anniversary of the sale of his publications. But Garofalo

continued to vote on advertisers and Hutton did ... nothing.

After receiving a letter on Oct. 20, 1998 from Steven Churchwell --

then the FPPC’s general counsel, now Garofalo’s attorney -- warning

against voting on business involving advertisers, Hutton still did

nothing while Garofalo voted at least three more times.

In response to the FPPC letter, Hutton promised to discuss the matter

with the state attorney general’s office. That never happened, according

to the attorney general’s office.

This lax behavior is all too typical of the city attorney’s office.

After the first round of articles in the Independent, a deputy city

attorney became angry when a reporter asked if he planned to send the

information -- which detailed how Garofalo was paid by a developer for a

$3,000 ad and then voted four months later in favor of the developer --

to the FPPC.

That’s not the city attorney’s job, he said. If you think it’s

important, send the information yourself.

It gets worse. More than six weeks ago, Hutton promised to forward the

mounting evidence of Garofalo’s potential conflicts of interest to the

FPPC. And she also vowed to have her office investigate a simple matter:

whether Garofalo -- whose company publishes the city-funded visitors

guide -- benefited from city business, a violation of state law.

Hutton never concluded her investigation into Garofalo.

Instead, last week she forwarded her information to the district

attorney’s office and the Fair Political Practices Commission, saying

those agencies were better equipped to handle the case. Too true.

Perhaps the saddest part of Hutton’s inaction is that Huntington Beach

residents carefully set up their local government with an independently

elected city attorney who could be free of political influence. Hutton

reports directly to the residents, the very people she has routinely

refused to serve during the Garofalo controversy.

Let’s hope that the district attorney and the grand jury investigating

possible inside dealings within City Hall is a wake-up call loud enough

for even Hutton to hear.