City attorney plans to retire

Jose Paul Corona

After a nearly 25-year reign that included substantial ups and

downs, City Atty. Gail Hutton will retire from office at the end of

September.

“I’m looking forward to new vistas,” Hutton said when asked

about her plans after leaving office.

Hutton’s tenure, while always supported by the voters, has been

criticized often, including by City Council members and residents who

tried unsuccessfully to remove her from office.

In 1999, she and the council faced off over a controversy

revolving around tentative city approval of a nude juice bar. Hutton

spoke out publicly against that decision in a letter to the

Independent. Eventually, the council put into place restrictions on

adult businesses and the bar, the Flamingo Adult Theater, closed down

this spring and settled a two-year lawsuit with the city.

In 2000, the council gave Hutton a 17% pay raise but showed little

enthusiasm for it. In one explanation for the raise, Councilman Ralph

Bauer said Hutton might have shown “resentment” if her request for a

raise had been denied.

As an elected official, Hutton did not answer to the council, but

to voters.

Later that year, the council presented her with an audit that

included 33 recommendations to improve operations. Those suggestions

include hiring an experienced litigator as deputy city attorney,

implementing office procedures and training programs to improve

customer service, and requiring a supervising attorney to be in the

office at all times.

And in 1995, Hutton was the subject of a lawsuit filed by the

Independent after she refused to disclose the names of the 25 highest

paid city employees, of which she was one.

The Independent successfully sued the city and Hutton’s office

claiming that the information was public record. That case has since

been cited as precedent in other similar situations statewide.

Most recently, former Mayor Dave Garofalo directly blamed Hutton

for his conflict of interest problems that led to his pleading guilty

to one felony and 15 misdemeanors earlier this year.

Garofalo claimed throughout his nearly two-year ordeal that he had

cleared his votes on issues related to his business, David P.

Garofalo & Associates, with Hutton.

Garofalo maintained that he never would have voted if he had known

it was illegal.

“I had a letter from the city attorney telling me it was OK to

[vote],” he said just moments before pleading guilty to conflict

of interest charges.

In response to those charges, city spokesman Rich Barnard said,

“Any advice given to Mr. Garofalo was based on the facts as he

related them and written fact that he related and actually initialed,

at which time he was advised he should obtain written advice from the

[Fair Political Practices Committee].”

Given that history, response to Hutton’s announcement was

unexpectedly mixed.

“She’s been a long faithful public servant,” Bauer said, “She

was the first woman elected to that job.”

Voters have been satisfied with the job Hutton’s done during her

tenure as City Attorney, said Councilwoman Shirley Dettloff.

“Obviously the voters have been very supportive of her,”

Dettloff said.

Former Mayor Dave Sullivan -- the lone member of the council not

to support her 17% raise -- said he believes Hutton has been in

office far to long.

“I think it’s time for her to retire, she’s been in a long time

and I think it’s time for new blood,” he said.

And current Mayor Debbie Cook didn’t have very much to say about

Hutton.

“I think she can get on with her life, that’s all I can say about

that,” she said.

The City Council on Monday unanimously approved Hutton’s request

for early retirement.

The agreement stipulates that Hutton will retire on Sept. 30. She

will remain in the City Attorney’s office and work as a transitional

consultant until a new attorney is elected in November.

What is not being debated is that whoever replaces Hutton will

have a difficult job.

“I think this position is a hot spot,” Hutton said. “You’re

always having to make fine-line decisions,” Hutton stated.

Councilman Peter Green said filling the position will not be easy.

“It’s a challenging position,” he said, “It will be quite a

reorganization.”

Still, already two prospective candidates for the office have

already emerged: attorney Ron Davis and Deputy City Atty. Jennifer

McGrath.

Davis, a former Independent columnist, ran for City Attorney in

1998 and lost to Hutton. He’s worked with the city in drafting

ordinances and he’s also worked with the Orange County District’s

Attorney’s office.

He’s confident that he can fulfill the duties of the City

Attorney, adding that someone who has worked for the city can’t bring

a clear perspective to the office, he added, saying they have spent

too much time in the bureaucracy.

McGrath picked up the necessary paperwork that would be needed to

run for the position first thing Monday morning, she said.

Contrary to Davis’ comments, she said her experience in the City

Attorney’s office will serve her well if she is elected to the

office.

“I do have familiarity with the process,” she said, “I love my

job and I look forward to doing more of what I already do,” she

said.

Hutton has nothing but praise for McGrath.

“I think she’s a fine attorney,” Hutton said, adding that her

experience with contracts and lawsuits filed against the city will

serve her well if she is elected.

* EDITOR’S NOTE: For more on Gail Hutton’s legacy, see next

week’s Independent.