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COMMUNITY COMMENTARY:Conflict allegations are baseless

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The Pilot recently reported on allegations that I may have had a conflict of interest in 2004 when I helped prepare a city group home ordinance at a time when my wife, Kathy, was working with the Orange County Drug Court program (“Three target lawyer,” April 12). I am confident that I did not have a conflict of interest, and I am certain that my wife’s work did not, in any way, influence my work on the ordinance. However, a response to these allegations is important because they affect the public’s confidence in local government and have spawned similar accusations against other residents.

I believe the allegations stem from an honest misunderstanding of the complex state and federal laws that hamstring cities from regulating group homes and the nature of my wife’s work.

In 2004, I hired Jeff Goldfarb of Rutan and Tucker to evaluate our zoning ordinances in relation to our ability to control group homes. Goldfarb had successfully represented Costa Mesa in a group home enforcement action. Goldfarb recommended amendments to conform with federal law before the city took any enforcement action. I also hired Catherine Wolcott — a lawyer with ties to Newport Beach and extensive knowledge of relevant laws — to work on a number of city issues, including the group home ordinance. My direction to Goldfarb and Wolcott was to draft an ordinance that gave the city as much control over group homes as state and federal law would allow. I believe they did just that.

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During this time, my wife was the director of the Drug Court Foundation — a project of the National Council on Alcoholism and Drug Dependence-OC. Kathy received a small salary from the organization. The National Council on Alcoholism and Drug Dependence is an organization dedicated to drug and alcohol education and prevention programs. The foundation allocates funds directly to drug and DUI courts, helps program participants obtain dental and eye care and provides participants with opportunities to satisfy court requirements. My wife’s work does not involve, nor does she participate in, any decision regarding a participant’s residence.

I can understand why individuals who are ignorant of state and federal laws that restrict a city’s ability to regulate group homes would be suspicious of an official whose wife is helping those with drug or alcohol addictions. But those who have falsely accused me know the law, and they are now making false accusations against Newport Beach residents who led the effort to establish legal controls over group homes.

Mayor Steve Rosansky and the Newport Beach City Council are aggressively implementing the new voter-approved general plan provisions that recommend that the city seek legislation giving cities more control over group homes. A change in federal and state legislation is the only thing that can produce the results that residents want, and only a united effort will produce that change.

The Newport Beach City Council is the statewide leader in this effort, and I hope those making the allegations against me and responsible residents do not interfere with this effort.


  • BOB BURNHAM was Newport Beach’s city attorney for more than 20 years. He retired in August 2004.
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