COSTA MESA : Amburgey Sues City for $3.8 Million

Former City Councilman Orville Amburgey filed a $3.8-million claim against the city Friday, alleging emotional, financial and physical suffering stemming from criminal charges of conflict of interest that were filed against him over a disputed vote he cast while on the council.

Those charges, which alleged that Amburgey voted in 1987 to amend a contract with Copley-Colony Cablevision of Costa Mesa Inc. while also working for the cable company, were ultimately dropped last month by the district attorney’s office because of insufficient evidence.

“This gives me the opportunity to say what really happened,” Amburgey said at his office Friday afternoon. “It’s important to me what the community thinks about me.”

The episode has caused him “extreme emotional problems,” Amburgey said. “The first time I slept a full night was the day the D.A. dismissed the charges.”

Amburgey’s attorney, Lawrence K. Harvey, said he expects the City Council to reject the claim at its next meeting July 15, after which he plans to sue.

The claim names Mayor Mary Hornbuckle, City Atty. Thomas Kathe and City Manager Allan L. Roeder as having caused damage to Amburgey.

“We will be alleging conspiracy against some of the people in the city government,” Harvey said, repeating allegations that Hornbuckle and Kathe alerted reporters about the investigation to hurt Amburgey’s November reelection prospects. He lost.

Amburgey said Roeder is named because he was responsible for preparing an amended contract with the cable company without it being approved by the City Council. That document, Amburgey said, led district attorney’s investigators to believe initially that the 1987 vote had been taken to change the contract. Amburgey has maintained that the vote was merely for filing a document with the city, not to change the contract.

Neither Roeder or Kathe could be reached Friday for comment.

Hornbuckle said she is not surprised that the claim was filed but would not comment further until reading it.

Amburgey also said he is preparing to file a formal complaint against Kathe with the State Bar of California, alleging conflict of interest for failing to tell him that an investigation was being conducted about his 1987 vote.

The City Council this week rejected Amburgey’s claim for $16,000 in attorney fees. Harvey said another lawsuit might be filed in municipal court to recover those costs.