Smoller Speaks Out

Release Grand Jury Transcripts on City Manager Salaries

Attributed to the Los Angeles Times

Credit-LA Times

More than year after a scathing Orange County Grand Jury report that found former Tustin City Councilman, Jerry Amante, had abused his authority,  Fred Smoller is speaking out and calling for the release of the Grand Jury Transcripts.

In a recent editorial on the Voice of OC Smoller, who headed the innovative Masters in Public Administration program at Brandman University, was targeted along with student researchers and Laguna Hills Mayor Barbara Kogerman when they researched and published a report on the ridiculous salaries being paid to city managers in Orange County.

When the Grand Jury report was originally published in July of 2012, Jerry Amante went on the offensive, claiming the jurists were misguided. “I don’t know how the grand jury got it wrong, but they’ve got it wrong”.

Smoller, who’s students were the focus of the attack by the good councilman, says otherwise:

Others — myself, the students, The Orange County Register’s editorial page and other prominent elected officials such as Supervisor Shawn Nelson and former Assemblyman Chris Norby, and a big chunk of the public — feel the grand jury got it right.

Unfortunately, grand jury testimony is almost always conducted under a cloak of secrecy. There is also the endemic issue of the lack of authority inherent in this arm of the courts (at least in the Real OC). Amante and his cohort, Laguna Hills Councilman Alan Songstad, simply had their resepctive city attorneys thumb their noses at the report. In Tustin’s case, they stated they had no authority to chastise a councilman for what amounted to a personal issue.

When the city decided to vote on the issue of what to do, we pointed out that Hizzoner was not only allowed to vote on his own punishment, he was the deciding vote. That, of course, happened with the city attorney’s blessing. David Kendig, the city attorney, even wrote the letter to the grand jury blowing them off with a lame 1st Amendment explanation. Smoller also points out this problem with the wolf choosing his own punishment for killing the sheep:

Mr. Amante cast the deciding vote on the motion which questioned his conduct, a clear conflict of interest. Both Songstad and Amante are attorneys.

While Smoller says that there are parts of the report that could have been done differently, he believes the entire episode has been warped through the efforts of many in an attempt to muddy the waters. In his editorial, he calls for a release of the grand jury transcripts. Smoller and others believe that, although grand jury testimony is normally secret, in this case, the public interest far outweighs the need for confidentiality:

The fact that this matter continues to be reported on says that questions remain unresolved. Releasing the transcripts will also allow for the assessment of the grand jury’s work, which has been harshly criticized by some members of the Orange County Board of Supervisors.

I hope Mr. Amante and Mr. Songstad and their former respective city councils and the others who criticize the report will join the effort to daylight the grand jury transcripts so we can find out the truth.

If the grand jury does sloppy work, we need to know it, and fixes need to be put in place…

Smoller also says the public deserves to know if the Orange County Grand Jury is really doing their job. Releasing the transcripts, he says, will vindicate those who served honorably on the jury and demonstrate the constraints they are under.

We agree. As frequent critics of the Orange County Grand Jury, opening transcripts that would back up their claim on this complex situation would go a long way toward restoring credibility to an institution that has been dismissed, more often than not, with a snicker and a wink. If the Grand Jury is doing the job we expect of them, then we the public should have confidence in them. Releasing the transcripts will go a long way toward restoring that confidence.

On the other hand, if Jerry is right and the jury “got it all wrong”, then he should have nothing to worry about. Right, Jer?

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