Ogdon may vote on Spring View gym project

Angelique Flores

HUNTINGTON BEACH -- Ocean View School District Trustee Pam Ogdon may

vote on the Spring View Middle School gymnasium project even though she

lives near the site. This legal opinion, the second one sought in this

matter, came after questions were raised earlier this year regarding a

potential conflict of interest.

Ogdon, who lives near Spring View Middle School, recused herself from

“participation, discussion and decisions that could involve Spring View”

at the April 3 study session on the gyms until a legal counsel opinion

was made.

According to the government code, “No public official at any level of

state or local government shall make, participate in making or in any way

attempt to use his official position to influence a governmental decision

in which he knows or has reason to know he has a financial interest.”

Property in which an official has an economic interest, the code says,

is any property located within 500 feet of its boundaries.

Ogdon obtained a legal opinion in November and was advised that

because she would not have a financial gain on her property, there was no

conflict of interest.

The district sought a second legal opinion last month from Steven

Churchwell, attorney for Livingston & Mattesich Law Corp. and former

general counsel for the California Fair Political Practices Commission.

Churchwell determined that no conflict of interest exists for Ogdon.

“Ms. Ogdon may participate fully in, and make, any decision concerning

the multipurpose facility, except in a rare case where a decision

concerning usage of the facility by an outside group could affect the

character of the neighborhood to such an extent as to cause a

foreseeable, material financial effect on her residence,” Churchwell

states in his letter to the district.

Real estate appraiser Ronald Laurain has also provided an appraisal

and assessment of Ogdon’s home and the project’s effect on it, and

concurs with Churchwell. Laurain found that the board’s decisions on the

gym project will not have a material financial effect on the real

property of Ogdon.

“I think the other important piece was the recommendation from the

appraiser,” Ogdon said. “I feel like we’ve covered the areas that we need

to look into. I feel comfortable with that.”

Though the district does not have an interest in allowing outside

groups to rent the gyms, Churchwell advised Ogdon to proceed with caution

when any decision about usage of the gyms comes before the board.

Another question raised by some residents of the district, was whether

Ogdon should have left the room during discussions of the project from

which she recused herself.

“That’s a common misconception,” Churchwell said, adding that though

some governing bodies follow that practice on their own it is not

required that the official leave the room during a discussion of vote.

“I feel pretty comfortable with the second legal opinion,” Ogdon said.

“I hope this would put an end to the questions.”