City Ethics Commission picks get political

A new group of nominations for open positions on San Diego’s city Ethics Commission includes two candidates who have been involved in the Democratic and Republican parties and have been on the receiving end of fines by the commission.

The nominations of longtime Republican Party general counsel William “Bill” Baber and Democrat Xavier Martinez – a campaign treasurer, former county party treasurer and current member of the state party finance committee – has added intrigue to the nomination process.

Baber and Martinez join eight others who have been nominated by the City Council. The names, which include three sitting commissioners who were nominated for a second term, now go to Mayor Kevin Faulconer.

No appointments have yet been made by the mayor. But the normally low-key process took a controversial turn last month when local attorney Robert Ottilie, who has frequently clashed with the commission, was nominated by three council members.

That prompted longtime commission Executive Director Stacey Fulhorst to say that she, and perhaps other officials, would resign if he were appointed. She said Ottilie was a “uniquely disruptive individual” who would undercut the work of the commission.

Ottilie is still in the running. In a letter to Faulconer on July 27, he fired back. Ottilie wrote that Fulhorst was improperly injecting herself into the selection process and said he has been a longtime supporter of the commission. He said her opposition stems from his representation of Councilwoman Marti Emerald in 2009-10 in a contentious proceeding front of the commission.

Emerald nominated Ottilie for the position, joined by council members Scott Sherman and Myrtle Cole. After that nomination, Baber’s name was put in by Councilman Mark Kersey, a Republican, and Council President Sherri Lightner, a Democrat.

Baber is a councilman in La Mesa and has also served on the school board there. He’s also been the chief lawyer for the county Republican Party for years, as well as serving as a treasurer on campaigns for city candidates and ballot measures in the past.

In 2011 the commission levied a $10,000 fine on a campaign committee for which Baber served as treasurer, which supported three ballot measures. The fine stemmed from inaccurate information about a major donor, and not identifying the Sycuan Band of Kumeyaay Indians as a major donor in advertisements for the measures.

Baber said he hasn’t worked on city elections since 2008. And he said he has already notified San Diego Republican Party Chairman Tony Krvaric that if he were to be approved for a seat on the commission, he would resign his positions as general counsel.

Baber said he didn’t think his longtime position with the party would mean he would have to recuse himself from matters involving Republican candidates because of any potential conflicts of interest. If there was a matter involving the party, however, he said that would more likely lead to recusing himself.

“If I’m honored to be appointed to the Ethics Commission, that comes with the ethical duty to maintain impartiality,” he said.

Baber said his experience in campaign regulations suits him for the job. He’s worked for the Federal Election Commission, and was on the staff of Mayor Dick Murphy when the Ethics Commission was set up. He helped write the rules the commission operates under.

Martinez was nominated by Councilman David Alvarez, a Democrat. He served as Alvarez’s campaign treasurer for his first City Council race, and in addition to the county committee, he is on the finance committee for the state Democratic Party.

He too said those connections would not create conflicts where he would have to automatically recuse himself.

“I don’t do party labels,” Martinez said. “I don’t believe there would be a conflict of interest if I am appointed.”

He was the treasurer for the 2005 city council campaign of current Assemblywoman Lorena Gonzalez. The commission fined Martinez $500 in 2009 for not reporting expenditures of $4,300 to four vendors, and other errors.

Also nominated were Ryan Darby, a lawyer who specializes in landlord-tenant and public interest law and is the president of the San Diego Republican lawyers group; Sid Voorakkara, who works for the state Office of Business and Economic Development; and current chairman John O’Neill, who was nominated for a second term.

Previously nominated by other council members were attorney John Stump of City Heights and planning professional David Potter. Two sitting commissioners, Faye Detsky-Weil and Deborah Cochran, were also nominated for second terms.

The controversy this year has led to calls by some to change the nomination process. Jeanne Brown, president of the League of Women Voters, said council members – who the commission regulates – should not make nominations but instead a panel of independent people should, such as retired judges.

It’s a change the league has long advocated and she said now is necessary. “It hasn’t been political up to now,” she said of the appointments in the past, “but now it seems to be flourishing. Nowadays it is very hard to keep anything from becoming partisan. It’s unfortunate.”

A spokesman for Faulconer said appointments are expected to be made by mid-August. The names would then go to the council for confirmation.