Friendly Hills Neighborhood
Friendly Hills Neighborhood
A Fair Political Practices Commission (FPPC) alleged ethics and conflict of interest complaint was generated and forwarded to the City of Whittier on two planning commissioners in their involvement with the Mission Pacific Development located at 9829 La Serna Drive in Whittier. Part of the allegation was that Commissioner Murray after recusing himself from the La Serna project sat behind the developer giving the appearance that they were in communication. The same complaint alleged Commissioner Quirk had a conflict of interest and failed to disclose his husband's finances.
City Manager Brian Saeki stated on May 24, 2022, at the end of a council meeting that the complaint was "fully investigated" and was deemed "unfounded." However, documents obtained through a public record request show City Manager Saeki, upon, receiving the email from the commissioners emailed the city council stating the allegations were "outright lies" and that the city attorney is "coordinating a response with the commissioners".
It is unclear what, if any, type of investigation was conducted. An email between Administrative Assistant Haro and Director of Planning Pongetti state that the video does NOT show Commissioner Murray leaving the room as Assistant City Attorney Porter alludes to in a June 6th, 2022 planning commission meeting.
The City never called for an investigation, but only a “response”. When we asked for a copy of a report or any document that would prove an investigation was conducted; the city responded "none exists" and that the job to investigate is the responsibility of the FPPC. When a copy of the raw/unedited video from the planning commission meeting was requested; the city stated it no longer has it. It begs the question, what did the city actually do?
It seems unethical to state to the public that a "full investigation" was conducted when it appears all the city did was talk to the commissioners and look at a video that does not show the commissioner leaving the room. There was a room full of witnesses. None were interviewed.
Update 10/31/22: We contacted the FPPC, and they stated the case was closed based on the city's response, and no investigation on their behalf was conducted. They concluded that if we want the FPPC to investigate the case, we would have to file another complaint.
UPDATE 12/2022: According to the FPPC any spousal income not within a certain distance from Whittier does not have to be disclosed and persons who are receiving government pensions do not have to disclose their income due to already in place transparency in government income reporting laws. So in this case, the City or Quirk did not have to report his spouse's income. FHN has chosen not to file another FPPC complaint on this in order to focus on other more important matters at hand.
May 3, 2022
Email from FPPC to Planning Commissioners
May 5, 2022
Email from City Manager Saeki to City Council and other city employees stating the allegations are lies and a response (not investigation) would be prepared and ready the same day for the FPPC
May 7, 2022
Email from Admin. Assistant Haro to Director of Planning Pongetti talking about a video not showing Commissioner Murray leave the room
May 12, 2022
City Attorney Scott Porter's response to the FPPC
May 13, 2022
Email from City Manager Saeki to Council stating the attorney did a great job!
May 13, 2022
Email from Tina Millar to Brian Saeki stating Murray is happy things got cleared up.
May 13, 2022
Letter from the FPPC rejecting the complaint and not pursuing the matter due to the letter/response provided by the City.
May 24, 2022
Mayor Vinatieri stated he was really "bothered" by the comment. City Manager Seaki stated the matter was, "...fully investigated … all allegations were unfounded..."
June 6, 2022
Planning Commission Meeting City Attorney Scott provides what appears to be misleading statements that the FPPC cleared the Commissioners Link to full video here in City of Whittier
July 15, 2022
Email from City Clerk stating no investigation report exists
July 15, 2022
Email from City Clerk stating the responsibility to investigate is the FPPC's.
August 18, 2022
After reading City's response I conducted another PRR in an attempt to find out who set the alleged viewing room for Commissioner Murray. This is City's response.
It would appear that based on the City's own policy; Richard Quirk should have "fully disclosed" his husband, Paul Ramirez's income. However, the City made an exception for them. Why? See California GC 8700 to 87210
Update 11/10/22: The city claimed that because Paul Ramirez does not operate or work in the City of Whittier, he did not have to disclose his income.
Update 2/7/22: We have learned through the FPPC that the city was correct in not having to disclose Paul Ramirez's income because he stated he works a certain distance away from the City of Whittier.