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Who has a conflict?

The Bakersfield Californian | Wednesday, May 14 2008 7:13 PM

Last Updated: Wednesday, May 14 2008 7:15 PM

This is the tale of two Bakersfield city planning commissioners. One appointed by former Ward 3 City Councilman Mike Maggard, the other by Ward 7 Councilman Zack Scrivner.

Ken Weir, the present Ward 3 councilman, wants to oust Russell Johnson from the Planning Commission. Weir's supporters contend Johnson has a conflict of interest because he now works for Maggard, an elected Kern County supervisor. When Johnson was appointed to the commission, he worked for a private company.

Why is this a conflict? While on the City Council, Maggard supported tough northeast Bakersfield building rules that Weir opposes. He wants to boot Johnson from the commission because Johnson does not fit Weir's "new philosophy."

Weir's supporters contend it's just plain wrong for an at-will employee of a county supervisor to serve on the city's planning commission.

Oddly, not a peep is made about Councilman Scrivner's appointee, Andy Stanley, an at-will employee of Kern County Supervisor Ray Watson, a perceived political ally of Scrivner and Weir.

Following all of this? Yes, it's confusing. And the confusion was diagrammed in a Sunday Californian article.

Political ties. Political camps. And paid staff members serving on boards and commissions in various jurisdictions is not new.

Consider Scrivner himself. When he was elected to the City Council, he was an at-will employee of then-Assemblyman Kevin McCarthy. Now he works for Assemblywoman Jean Fuller.

Scrivner touts Fuller's support for Bakersfield. But does Scrivner have a free hand to deal with the actions of state legislators that might affect the city?

No state law exists that bars employees of sometimes-competing government agencies from serving in public offices. Legally defined conflicts usually involve a public official personally benefiting from his or her decisions.

Every aspect of ethical behavior cannot be defined by the law. Instead, citizens must monitor the decisions of their representatives, judge for themselves and insist on moral, ethical, intelligent and politically courageous behavior.