O.C. Board Votes Political Gift Ban : Reform: The measure, which passed unanimously, allows only narrow exceptions and is the state’s strictest. Activists call it the legacy of fallen Supervisor Roth.

SANTA ANA —  In swift and cordial style, the Orange County Board of Supervisors Tuesday approved a virtual ban on all political gifts in an ordinance described as the most stringent of its kind in the state.

The sweeping measure, adopted in a unanimous vote, is the ironic legacy of former Supervisor Don R. Roth, who had hoped to be remembered for his work on a high-speed rail system but instead sparked the landmark reform effort when he was forced to resign from office and convicted of state ethics law violations in March.

“I can’t compliment this board enough,” said government reform activist Shirley L. Grindle, who for years has advocated a gift ban law. “But maybe we ought to thank former Supervisor Roth for being the sacrificial lamb on this issue.”

With certain limited exceptions, the ordinance bans all gifts from companies which have had business before the county during the preceding 12 months or have attempted to influence a county decision during that time. The law, which takes effect in 30 days, provides for criminal misdemeanor penalties for violations by either public officials or gift-givers.

The law also applies to lobbyists whose clients are under contract with the county and those seeking government work for their clients.

“It’s not what we do or say, it’s how we are perceived,” Board Chairman Harriett M. Wieder said before the vote. “I would hope that this would go a long way in assuring the public that the board has established the toughest and most comprehensive prohibition on gifts in the state.”

Bob Stern, author of the state’s Political Reform Act, said the Orange County ordinance is “clearly” the most restrictive regulation of any jurisdiction in the state and perhaps one of the strongest in the nation.

“It takes a scandal to enact laws like this,” Stern said. “It’s unfortunate that it works that way, but that’s what it takes.”

Frank Elfend, a local lobbyist whose planning and consulting firm has appeared on Roth’s past gift lists, said the county decision would make little difference in how he conducts business.

“I would assume that there still would be lunches and dinners, but now politicians would be picking up their own costs.” Elfend said he favored the ordinance if it would “improve the perception of how government works.”

Under state law, officials are allowed to receive gifts from all donors, whether or not they do business with governments. Only when the gifts exceed $250 in one year is the officeholder required to abstain from voting on decisions involving the gift-giver.

But current state law penalizes only public officials, not donors or lobbyists who offer the gifts.

The new Orange County ordinance is the direct result of Roth’s seven misdemeanor convictions on March 25 for failing to report a housing loan, home improvements, trips, golf outings and other gifts from community members, then later voting on matters before the Board of Supervisors that affected the donors. Roth resigned his office March 1.

Many of the allegations were first raised in a series of articles in The Times.

Roth was sentenced to three years’ probation and 200 hours of community service and ordered to pay a $50,000 fine. Having paid half the fine with some leftover campaign funds last month, Roth has scheduled a fund-raiser next month and is expected to apply profits from that event to the balance of the fine.

The provisions of the new gift law would cover 1,650 county employees and members of government boards and commissions. Included would be the Board of Supervisors, members of the Orange County Planning Commission, the district attorney, county counsel, treasurer, chief administrative officer and employees who manage public investments.

The ordinance even outlaws the age-old practice of firms or lobbyists picking up meal tabs for county officials and staff members.

Bob Pusavat, the county’s director of housing and redevelopment and one of hundreds of employees covered by the gift ban, said he has never accepted gifts from those who do business with the county.

“I made a rule 20 years ago that when I go to lunch, I’m buying,” Pusavat said.

More support for the county action came from the local office of Common Cause, the Orange County chapter of the League of Women Voters and the state Fair Political Practices Commission.

“Wow!” said commission spokeswoman Jeanette Turvill. “I am not aware of anything like that. It sounds to me like Orange County is trying to stop all possible vote buying.”

William R. Mitchell, president of the Orange County chapter of Common Cause, said the measure would allow government officials to focus more attention on the more “severe problems” of providing basic services to residents.

“This ordinance not only assists in restoring confidence to government, but it reduces the unfair influence of gift-givers,” Mitchell said.

Both Mitchell and Grindle said they found the gift ban so far-reaching that they would no longer pursue a proposal that would require lobbyists to register with the county and document business relationships with firms seeking to do county business.

“This cuts out a lot,” Grindle said. “No more free tickets to Disneyland. No more wining and dining. All that’s gone out the window. Hopefully, more attention will now be focused on the merits of a project and not on personal relationships.”

Supervisor William G. Steiner, who was appointed to replace Roth and supported the ban Tuesday, said officials should not be “lulled into a false sense of security” with the passage of another ordinance.

“The ultimate protection of the public interest is the integrity of the officeholder,” Steiner said. “There is no substitute for personal integrity.”

No More Gifts

The Orange County Board of Supervisors unanimously approved an ordinance Tuesday that virtually bans gifts to 1,650 elected, appointed and employed county officials. It is described as the most stringent policy of its kind in the state. Key provisions:

* Who’s banned from giving gifts: Anyone with a county contract or anyone who has sought a contract with the county or sought to influence a county decision in the past year.

* Punishment: Subjects county officials or donors who violate the code to criminal misdemeanor prosecution.

* Exemptions: Meals, beverages and admission tickets valued at $50 or less for events sponsored by educational, academic or charitable organizations; flowers, plants and “similar tokens” valued at $50 or less given in a gesture of condolence or congratulations; prizes awarded on the basis of chance, or gifts from foreign nations that are turned over to the county government.

Source: Orange County Board of Supervisors