- NEWS
- SPORTS
- BUSINESS
- ENTERTAINMENT
- LIFE
- TRAVEL
- OPINION
County lawyer: OC fair board violated law
November 17th, 2009, 2:04 pm · 17 Comments · posted by Jennifer Muir
Has the Orange County Fair Board gone too far in its efforts to preserve the Orange County Fairgrounds?
Orange County’s head attorney believes it has. In an Oct. 30 letter to the state attorney general asking for an investigation into possible illegal activity, county counsel Nicholas Chrisos raises questions about whether the fair board illegally used public money to pay for lobbyists charged with influencing the state’s sale of the fair grounds.
Board members also have formed a nonprofit foundation that could buy and operate the fairgrounds, and Chrisos says the public contracts were aimed at ensuring their foundation would be qualified to bid — essentially using public money for personal gain. Here’s how he figures:
“If past practice holds, members of the Foundation Board would enjoy some (even if minimal) perquisites, such as free tickets to the fair, parking passes,” the letter says. “Those are financial interests.”
Incidentally, the attorney general’s office serves as the fair board’s legal counsel and wrote in a Nov. 13 letter that because of that role, it would be “inappropriate” to investigate. Gary Schons, a senior assistant attorney general, wrote that the district attorney is responsible for investigating crimes within the county.
“We just received the letter from the Attorney General’s Office yesterday
and have not filed anything with the District Attorney’s Office at this
time,” county spokeswoman Brooke De Baca said.
Members of the fair board formed the nonprofit Orange County Fair and Event Center Foundation July 21 to potentially purchase and preserve the 150-acre fairgrounds. Using private money, the foundation hired former state Sen. Dick Ackerman and the lawfirm of Nossaman, Guthner, Knox and Eliot (now just Nossaman LLP) to create an early draft of the foundation’s organization and form the articles of incorporation.
The county’s complaint centers around a action the fair board took eight days later, on July 29, approving a contract with Ackerman and the same law firm. The contract, according to the county letter, was “designed to lobby the governor’s office in formulating the terms of the RFP to be issued by the state.”
Members of the fair board who also were on the foundation could directly benefit from the contract, which makes it illegal and ineligible for public funds, Chrisos wrote. OC Weekly first reported about the letter online Monday evening.
(The Watchdog has requested the actual contracts, but has not heard back yet from the fair board. Members of the fair board could not immediately be reached for comment. We’ll update as soon as we hear from them.)
The letter also says that the public wasn’t adequately noticed that the board was considering the consulting agreements — a violation of open meeting laws.
It’s not the first time the fair board has been dinged for meeting illegally.
District Attorney Tony Rackauckas last year accused the Orange County Fair Board of violating state’s Bagley-Keene Open Meeting Act when boardmembers changed their policy for giving themselves free concert tickets without allowing public comment.
Reader Comments
Comments are encouraged, but you must follow our User Agreement.- Keep it civil and stay on topic.
- No profanity, vulgarity, racial slurs or personal attacks.
- People who harass others or joke about tragedies will be blocked.
17 Comments
Leave a Reply
You can follow this blog: on 
“If past practice holds, members of the Foundation Board would enjoy some (even if minimal) perquisites, such as free tickets to the fair, parking passes,”
Oh, it will be more than listed above that they gain from getting their grubbies on this property. I guess you guys are getting found out ..
HUH DICKY? ELLIS? the rest of your CRONIES?
You would think old Ackerman would have kept a low profile, what with trying to get his wife Linda elected to City Council. The smear tactics aren’t working and the back room deals are coming back to haunt the Ackerman name.
This isn’t the first time that ETHICS have been a problem with this bunch…wasn’t Ackerman sanctioned and FORCED to stop lobbying?
This was a land grab from the very beginning…that is, after they got done doling out tickets and thousands of dollars worth of food to themselves, local politicians and their buddies like Haidle.
Check out Dave Ellis’ Conflict forms… as a matter of fact you can go on line and look at ALL of their Conflict forms and who they gave freebies to…that tells a whole other story.
Something really smells in Costa Mesa. The Fair Board, who currently work for the county, has formed a private group that is working behind the scenes to buy the fair grounds…… All these attorneys working the issues and no one has mentioned conflict of interest?
The AG needs to investigate this…. but probably won’t because he’s too busy whitewashing the ACORN investigation.
The Fair Board does NOT work for the County.
They work for a gov’t agency whether it be city, county or state… all the same. The point is, they work for the government and should not be able to game the system for personal benefit… GET IT?
You’re right GB…Attorney General “JERRY BROWN” who hopes to become our next Governor (god forbid) Is as Liberal as the day is long.
Worker’s at Acorn have already been heard saying “The AG isn’t going to investigate, don’t worry…he’s friends with us”
Now whether or not that’s true, remains to be seen…but has ANYONE heard of an investigation into ACORN yet by the AG? NO, I didn’t think so…
Yeah, like conservative Republicans really care about their constituents. (insert eye roll here)
good non-sequitor there
Someone needs to save the fair and the fair grounds before it is sold and turned into homes!
Nobody needs to save it… We just need the governor to cancel the sale. E-mail the gov’s office and call your state legislator and tell him or her to talk to the governor about cancelling the sale of the fairgrounds.
Go to the Costa Mesa City Council meeting tonight (77 Fair Drive).
They are considering writing a letter to Gov. Schwarzenegger asking him to stop the sale. What’s to consider? It should be a 5-0 vote, but Ellis’ powerful puppet strings are strong.
Come down and tell the council to represent the PEOPLE of Costa Mesa and ask the Gov. to stop the sale and keep the fairgrounds as is.
If history continues to repeat itself, Rackauckas will NEVER investigate a political hot potato involving the OC Fairgrounds.
Would someone in a position to take action please finish the investigation relating to the beating death in the OC jail of John Derek Chamberlain in October 2006? Rackauckas could not handle that investigation and refused to file charges against the asst. sheriffs responsible for supervising OC inmates. What makes anyone think Rackauckas is going to give one hoot about the OC Fair sale?
Politics destroys one day at a time… for OC, it may be too late.
Government officials and politicians don’t commit crimes. What they do is fail to comply with the law.
I am sick and tired of these self -serving pigs sticking their snouts in the trough and screwing over the citizens of Orange County - Carona, Duval, and now this - maybe these bottom feeding leeches need to be taught some manners . . . . .
sounds like the state really wants that money. I mean there trying to save the fairgrounds, as the state is trying to sell county land, I mean come on people, they wouldn’t be doing it if the state didn’t decide to sell the fairgrounds. Santa Ana, among others are trying get the money to buy the fairgrounds,
I don’t see the Government prosecuting all the lobyists and the companies/organizations they are payed by,
Guess thats why the legislature aloud their paychecks to get lowered…….. got money coming from other places.
Why hasn’t the Governor kicked these people out yet? He should stop this sale before it becomes a big legal issue.
STOP THE SALE
Dave Ellis is in more trouble -District Attorney investigates other alleged impropriates by Dave Ellis, Orange County Fair Board Member the City of Victorville and activities related to Inland Energy and its Chairman Buck Johns. Inland Energy is a client of Ellis’ firm Delta Partners, LLC.
In the Fall 2008, Ellis played an active role in the Victorville City Council elections on behalf of Johns.A c urrent Grand Jury investigation is reported to be centering on conduct surrounding the purchase of the Victorville II Power Plant.
ORNGE COUNTY FAIR BOARD NEEDS TO RESIGN
They initiated the sale so they could purchase Fairgrounds for Pennies on the dollar…..
Call or Fax the Governor and let him know what they have done.
Governor Arnold Schwarzenegger
916-445-2841 Fax 916-558-3160