Baglins won’t sue city

Barbara Diamond

Faye and Councilman Wayne Baglin have put one of the worst periods in

their lives behind them.

A year ago this month, Wayne Baglin was on trial for violations of

state conflict-of-interest laws. Even though a jury found him not

guilty, it was a terrible time for the whole family.

They had a year to decide whether to file a lawsuit against the

city relating to the trial. That year is almost up.

“We made a joint decision not to sue the city,” Baglin said

Thursday. “We went through the thing together and had to come to a

resolution.

“It’s closure, part of history. We won’t be thinking about this in

the future.”

Baglin said his desire to serve the city for another term on the

council had no bearing on the decision not to sue.

He was a sitting council member when the city purchased property

on Third Street from clients Baglin represented. The Orange County

District Atty.’s office filed charges, after a Grand Jury hearing,

that Baglin had broken the law when he accepted a $36,000 commission

on the sale. State law prohibits elected officials from financial

interest in a contract.

Baglin contended, and the jury agreed, that he believed that he

could legally accept the commission if the purchase was made by the

process of eminent domain, which was considered by the council, but

never consummated.

He testified that he was misled by advice from city officials.

City Manager Ken Frank and City Atty. Philip Kohn testified at the

trial that they had never advised him of immunity from the state law.

Mayor Cheryl Kinsman, then a councilwoman, testified that she knew

the city had abandoned plans to acquire the property by eminent

domain when she asked about the status of the process at a public

meeting. She said she deliberately raised the question because Baglin

was in the audience, having recused himself from voting on the

acquisition, and she wanted to make sure he was aware that the

process was no longer under consideration.

If convicted, Baglin could have been imprisoned and lost his

council seat, the right to run again, his right to vote and his real

estate license.

Baglin is a licensed broker and has served as President of the

Laguna Board of Realtors. Business associates testified to his

integrity at the trial.

Faye Baglin attended the trial, as did other members of the family

and Baglin supporters.

She suffered some health problems in the past year but is doing

fine, her husband said.

“We have made no modification in our lifestyle,” Baglin said.

Baglin said the past will not affect his future relationship with

Frank or Kohn.

“It will be based purely on their performance of their duties,”

Baglin said.