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CORRESPONDENCE - #09
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12/07/2021 Regular
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CORRESPONDENCE - #09
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12/7/2021 4:01:17 PM
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which will be filed is a, print out of the Rutan&Tucker websiite showing that Thai Phan is a member of <br /> the firmi's "Builders and Land Developers Team" page. Also attached is a copy of her Statement of <br /> Economic Interests form. Whiille it is arguable whether a lawyer imay list ONLY their law firm as a source <br /> of income over$10,,000 and thus slhieldl their actual clients from disclosure to the public, it is simply not <br /> believable that Thai Phan derives income from representing builders and developers in the community. <br /> This source of income is a total bar to her participation on imatters such,as the HOO amendment and, <br /> while she may argue that it is a broadly applied ordiinanice in the City,the facts are that a Venn diagram <br /> showing the entities subject to the HOO,and Rutain and Tucker's Builder and Developer clients would be <br /> (largely the same group of people. <br /> .................... <br /> fr <br /> ..................................... .............................. <br /> ............ <br /> L <br /> ............ <br /> This action will be the subject of a subsequent complaint filed with the FPPC, but it is Ipirovided herein <br /> because it shows a)that the City Attorney's office of the City of Santa Ana does not adequately pollice <br /> conflicts of interest on the part of City of Santa Ana elected and appointed officials, b)that when <br /> presented with incontrovertible facts,the City Attorney and City Council ww,villl not conduct an appropriiaite <br /> investigation into the matter, and c) notwithstanding Councilwoman Thai Phan's employment as a <br /> municilpall attorney, she is apparently unaware of how conflicts of interest work in practice (or more <br /> interested in political grandstanding than following the rules). <br /> Mayor Sairimienito <br /> At hour 6, minute 5 , Mayor Sairmiento, an attorney himself,dism,isses legal conflicts of interest as <br /> "'baggage,"' Sarmiienito goes on to say that he did research,on the organization who drafted the letter <br /> and stated that they are latiino market rate devellopers, He dismisses the petitioners as "biased <br /> themselves." Thiis may be the low point of the dliscussiion on the matter because there is aibsollutely no <br /> case law or code that suggests that a legal conflict of iiniterest may not be asserted by people within a <br /> City who have interests. Commissioner Ramos' conflict on interest is a quiestion of fact. To impugn the <br /> 3 <br />
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