Activists File Complaints
Staff editorial

This blog recently received copies of complaints to the Orange County District Attorney, Grand Jury and Fair Political Practices Commission. Community activists and other residents joined together in compiling information and providing evidence. The complaints allege the City of Mission Viejo, city employees and council members conspired to use taxpayer funds to interfere with an election to benefit a city council candidate, Richard Atkinson. Such interference is criminal.

As concurrent news, ex-Capistrano USD Supt. James Fleming appeared in court on Oct. 3, nearly two years after being indicted following complaints similar to those alleged by Mission Viejo residents against the city. According to the Oct. 3 Or. Co. Register, “Fleming has been charged with misappropriation of public funds, use of school funds to urge support or defeat of a ballot measure or candidate, and conspiracy to commit an act injurious to the public.” Another ex-CUSD employee, Susan McGill, is also charged with felonies – perjury and conspiracy to commit an act injurious to the public – for interfering with an election and lying to the Grand Jury about her participation in creating “Enemies Lists.” Fleming and McGill’s trials are set for Feb. 10, 2009.

According to information this blog received last week, Mission Viejo residents state that city employees misappropriated public funds and interfered with the Nov. 4, 2008, city election in which two council seats will be decided. The complaint alleges that city employees conspired with city council members to benefit council candidate Richard Atkinson. Residents cited several examples:

On Mon., Sept. 3, the Mission Viejo Heritage Committee (a city entity) held its monthly meeting, and Chairperson Nancy Cho invited Mission Viejo City Council candidate Richard Atkinson to the city meeting. Committee members who attended the meeting said Atkinson presented himself as a candidate and asked Heritage Committee members what the council could do for the committee’s benefit. He asked questions of the members and campaigned as if he would follow up on their wishes if elected to the council.

On Tues., Sept. 9, the Or. Co. Central Committee of the Republican Party interviewed council candidates, including Richard Atkinson, to consider endorsing them. During his interview, Atkinson said he has “the endorsement of the Mission Viejo city staff.” He made this remark to the committee with other witnesses in the room.

Last week, the nonprofit group Cell-Out called city hall to rent the city’s Saddleback Room for a community event to introduce council candidates who are running against Atkinson. A spokesperson for the city denied the group an opportunity to rent the room, stating it is city policy not to rent it to any political group or person who will use the facility to promote a political agenda or candidate. When questioned about the so-called policy, the employee also stated, “It is not against the law for the city to involve itself on behalf of political candidates.” The employee is wrong on both counts. First, previous use of the room has included political uses, including events for political candidates. Second, the city’s misappropriation of public funds in promoting or opposing political candidates can result in felony charges. Renting the room for a political event would not comprise interference with an election, particularly when other political groups (Citizens for Integrity in Government and the Saddleback Republican Assembly) have rented the room in the past. However, denying the group supporting candidates other than Atkinson an opportunity to use the room is interference.

Ex-CUSD administrators Fleming and McGill, who were indicted for felonies after similar lawbreaking, may have had the same attitude as Mission Viejo’s city staff and council members. Either they were ignorant of the law or they didn’t acknowledge the seriousness of the offense. More likely in the case of CUSD’s ex-officials, they merely thought they wouldn’t get caught.