It Cost How Much??

A hat tip to our good friends at the Liberal OC who have proven, once again, that the fiscally conservative Tustin City Council isn’t so fiscally conservative after all.

A little over a year ago, the City Council (well, most of them) voted themselves a nice little perk in the form of iPads. The pretext, of course, was to eliminate the endless paper trail of agenda and staff reports that every councilmember piled in front of themselves during each meeting. The tablets were never meant to be used for more than basic services and to allow the city to kill a few less trees. Nonetheless, each councilmember received a top of the line iPad complete with WiFi, 3G connectivity and 32 gigs of storage. Nice… Total package cost? $4,794.75 plus monthly charges for the 3G . The worst part is, as Dan Chmielewski reports, not one, single tree is being saved as each councilmember still receives the same pile of paper they did before they got their toys. And, as his article says, no money appears to have been saved.

But, it seems the Council, or at least Hizonner Jerry, will make any wild claim to justify an expenditure or to boost his political position, even if it is categorically untrue.

Take,  for example, Jerry’s boast at the last City Council meeting that, despite the efforts of the Recall Amante Group (of which Deborah Gavello and I were falsely accused of being a part of),

“I’m pleased to report that not one, single signature was presented to the city clerk by today’s deadline”

Duh, well of course not. Why would they turn in any signatures for verification when they knew that, despite having gathered several thousand, they did not have enough to force a recall election? So, why would they waste staff time and  taxpayer money by turning them in?

But, it was Jerry’s boast that the Recall Amante group cost the taxpayers of Tustin $10,000 that really caught my ear. I realize that the City Clerk was about as uncooperative as one can be with honest citizens attempting to lawfully submit a recall petition. In fact, she managed to kick the proposed petition back four times before finally allowing it to go through on the fifth submission. So, if Jerry’s claim is true, that works out to about two thousand dollars per submission just to review it for formatting accuracy.

You may be thinking that the document in question was multi-paged or, possibly, written in several European languages concurrently, maybe with accompanying illuminated illustrations. I assure you it was not. In fact, if you have ever been approached by “those people” outside the local supermarket asking you to sign a petition to save the night crested gnatcatcher or outlaw the fluoridation of city drinking water, you have seen an example of the one page  recall petition submitted to our City Clerk. It is not difficult to create but, it is required to be in proper format, which the State of California dictates. So why did it take five submissions when the average, according to the Orange County Registrar of Voters, is two? Could it be that Sheree Loveland, Nathan Menard and Chuck Horvath are too illiterate to understand simple formatting instructions? Hardly. I’ve had many conversations with all three. They are quite articulate and well spoken (Nathan and I even share the same barber). Could it have been the City Clerk was having four bad days and took it out on the Recall group? We’re getting warmer. Or, could it have been that the single, largest city event of the year, the Annual Chili Cookoff, was just around the corner and the Recall group had a booth, ready to obtain signatures from some really pissed off people? Bingo! I would say that was a good bet. What better way to sabotage the Recall effort than to somehow prevent them from being able to present their petitions to more than thirty thousand people, the majority of them Tustin residents, in one day at one location?

Now, you may think this is farfetched. So, I would like to remind you that, thanks to an effort by Boss Tweed Amante to consolidate his powerbase at Tammany Hall Tustin, a measure was placed on the ballot last election year to change the City Clerk’s office from an independent, elected official to an appointed official who would be beholden to… you guessed it, Jerry and his Kids. So, now that the City Clerk has lost her autonomy, if she still wants that job, she has to play ball.

So, let’s get to that claim that Jerry made at last week’s council meeting where he allegedly slandered Councilmember Gavello by claiming that she was part of the Recall Amante effort? I did some Recall Amantechecking around, including making a request of public records relating to the cost of reviewing and approving the petitions submitted for the recall. Specifically, I asked who worked on the reviews and how much they charged. What I found out was a bit surprising.

It should also be surprising to Mayor Amante because the cost for review was nowhere near $10,000. In fact, it was not even half that amount.

In replying to our request, the city’s attorney stated,

In response to paragraphs (1) and (2) above, the total number of ‘employees, contractors or other persons’ involved in the scope of the work you describe is two, including Patty Estrella and City Attorney, Douglas Holland.

I was also told that the city did not specifically allocate time spent by city employees on the review of the petitions. So, I took that to mean that the time spent by Miss Estrella to review the petition submissions was within the normal course and scope of her everyday work, which she would have been paid for anyway. So total cost for petition review by city staffers? Zero.

The city attorney was another matter. In the city attorney’s response, I received a timetable of hours broken down by days and individual law firm employee,  specifying hours and costs. Yes, the letter said only Douglas Holland worked on the petitions. But, the accompanying documents indicate that up to five attorneys actually worked on them. Although my original request was specifically for costs involved in reviewing/rejecting/accepting the petitions, I received cost information that should not have been included because it was for work obviously performed beyond the date the final petition was submitted and finally approved in June. Nonetheless, understanding how lawyers like to pad their bill, I considered the total amount of time they say they spent. Oops. But, then, I discovered a miscalculation in hours billed vs. charges. Well, they are lawyers, not accountants.

So, including the overcharge of one-tenth of an hour, the Attorney’s office charged the City… drum roll, please… $4,209.80 for 21.6 hours of work. Of that, according to my precise calculations, only 15 hours were actually spent on review of the documents prior to their final approval. That averages out to 3 hours or $582.00 per submission. Total cost to approve the petition? $2,910. That is less than one-third of the cost Jerry claims the city spent on the recall effort. Even if we included the 6.6 hours of work, which the attorney refused to specify on grounds of attorney-client privilege, it still comes out to less than half what Hizzoner claimed. I know Jerry is a lawyer, but that is really padding the bill.

So, in the end, it appears Jerry has been less than honest with the citizens of Tustin over the entire recall. First, he falsely accused Deborah Gavello, the TUSD and myself of being part of the great conspiracy against him. Second, he misleadingly alleged that no one signed the petitions by stating none had been turned in to the clerk’s office.  Finally, there is the brazen statement that the recall effort cost the taxpayers “approximately $10,000″ when it actually cost less than it did to furnish four out of five  city councilmembers with iPads which, by the way, were paid for by dipping into the city reserves. So much for our fiscally conservative mayor.

Oh, and that nasty one tenth of an hour overbilling? It’s only $19.40. Not much, right? But, what if they made that error, say, every 21.6 hours they billed the city? How much do you think that would add up to? Do you think Jerry and His Kids care? After all, he is a lawyer.

So, Jerry, did I make a mistake or were you just being your usual, egotistical, blowhard self? I guess our readers can decide. Unlike you, I don’t think they are that gullible.

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About Jeff Gallagher

My day job is a peace officer for the 2nd largest law enforcement agency in Orange County. I live in and love Tustin where my family and I have resided for the past 17 years. I am a highly moderate libertarian that despises hardcore Republicans, Democrats and anyone else who is not willing to compromise for the good of the people.

Posted on October 21, 2011, in Local Government, politics, Recall Amante, Tustin City Council and tagged , , , , , , , , , , , , , , . Bookmark the permalink. 3 Comments.

  1. Jeff — Great post; I believe we have copies of the actual petitions on our blog but I’d challenge anyone to take three hours to review each draft. Three hours to review a two page document? Seriously….

  2. I couldn’t agree more. But, hey, we’re talking lawyers here. I guess city staff aren’t qualified to measure margins.

  1. Pingback: Jerry Amante's $10,000 Fib | The Liberal OC

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