An advice letter dated Dec. 30, 2011, and signed by Zackery P. Morazzini, General Counsel for the California Fair Political Practices Commission, responded to an inquiry by Los Alamitos City Attorney Sandra Levin regarding whether Council Members Troy Edgar, Ken Stephens and Marilynn Poe have a conflict of interest in regards to the municipal waste management contract and related litigation.
In particular, the question as framed in the response was:
Do three Los Alamitos City Council Members have a conflict of interest in participating in decisions related to pending litigation against them and the City when the subject of the litigation involves a contract made with a franchisee that agreed to indemnify the City and its officials for costs of litigation as a part of that contract.
The conclusion in the response was:
The City Council Members do not have a conflict of interest in participating in governmental decisions relating to the litigation or other franchisee agreements so long as the decisions will have no reasonably foreseeable material financial effect upon their economic interests.
For the curious, the entire Advice Letter is available in pdf format.