Menifee city attorney: Mayor Mann's vote against censuring himself 'did not pose a conflict of interest'

Menifee City Attorney Jeffrey Melching today stood behind his previous comments that Mayor Scott Mann was within his rights in voting against a City Council motion to censure himself for improper use of campaign funds.

Melching, a partner in the law firm of Rutan & Tucker, LLP, wrote in an emailed response to a Menifee 24/7 inquiry that his position has been supported by the Fair Political Practices Commission, the organization that has imposed a $60,000 penalty on Mann for his admitted improper use of campaign funds from 2012 and 2014.

During a special meeting of the City Council Oct. 19 called specifically to discuss council members' concerns about Mann's actions, council member Matt Liesemeyer made a motion to censure Mann -- a severe reprimand that does not carry any financial penalties. Liesemeyer and Lesa Sobek voted in favor of the motion. John Denver and Greg August voted against the motion. The final "no" vote was cast by Mann, drawing shouts of disbelief from the crowd.

Melching said after the meeting that the motion would've failed even if Mann recused himself because a 2-2 vote amounts to a failed motion. At the time, he said, "Campaign funds are different than city finances. This did not involve city business."

In his email to Menifee 24/7 today, Melching cited the Political Reform Act, a California ballot measure passed in 1974 that includes provisions regulating campaign finance, lobbying activity and conflicts of interest. Here is his complete statement:

"My conclusion at the special meeting was, and remains, that the mayor’s vote on the censure motion did not pose a conflict of interest under the Political Reform Act, and he was therefore allowed to participate in the vote. I have, since the meeting, confirmed this conclusion through the email advice process established by the FPPC.

"The short of it is that the City Council’s vote to censure did not have a material financial effect on the mayor within the meaning of the Political Reform Act.

"Had the mayor asked me during the meeting whether he could participate in the vote, I would have said that he could. Since that was (and is) my opinion, there was no reason to interrupt the proceedings."

Melching's interpretation of the Conflict of Interest section of the Political Reform Act is that Mann was allowed to participate in the vote because a censure itself would not have any financial effect on him.

One issue that was not addressed was the Menifee City Council Code of Ethics, adopted by unanimous vote on Oct. 2, 2012. It reads, in part:

8. Conflict of Interest

In order to assure independence and impartiality on behalf of the common good, members shall not use official positions to influence government decisions in which a material financial interest, or where an organizational responsibility or personal relationship, may give the appearance a conflict of interest exists. In accordance with the law, members shall disclose investments, interests in real property, sources of income, and gifts, and they shall abstain from participating in deliberations and decision-making where conflicts may exist.