Judge Throws Out Corruption Claim in Multimillion Dollar Trash Contract

Orange County Superior Court Judge Andrew Banks threw out allegations of Los Alamitos City Council corruption in granting a multi-million dollar trash contract to Consolidated Disposal Service in exchange for thousands of dollars in political donations. At the same time, the judge allowed to go forward the remainder of a lawsuit alleging that the city violated its own laws governing contract awards.

The rulings left both sides claiming victory.

For Council Members Troy Edgar, Marilynn Poe and Mayor Kenneth Stephens, who had been accused of trading campaign donations for contract favors in the suit, the ruling was a vindication. They are no longer individually named in the lawsuit.

City officials released a written statement Friday night stating that former Councilman Art DeBolt and resident J.M. Ivler – calling themselves Citizens for a Fair Trash Contract - filed the lawsuit in a vain attempt to affect November’s City Council election. The suit was also supported by testimony from the current council majority’s political opponents former Mayor Catherine Driscoll and Ken Parker and current Councilwoman Gerri Graham Mejia, said city officials.

According to a written statement by the city, “The court determined that, despite testimony against the City by Mejia, Driscoll, Parker, DeBolt and Ivler, plaintiffs did not have proof of any violation of the self-dealing statutes.  In fact, Judge Banks stated that he would have to make a "quantum, galactic leap" to conclude that the evidence before him established corruption or any quid pro quo.”

“The new ruling dismissing the council members from the case confirms that the challenges to the council members' votes on the waste franchise award were political, not legal,” added city officials. “The court has found that there is no evidence of corruption or quid pro quo.”

Ivler, a plaintiff in the case, said that he was pleased with the judge’s decision to allow the case to go forward, adding that the group reserved the right to appeal the decision to throw out the claim against the individual council members. He referred further comment to DeBolt, a plaintiff and spokesman for Citizens for a Fair Trash Contract. DeBolt did not return a late night call for comment Friday.

According to the city’s statement, Edgar defended the trash contract with Consolidated, calling it one of the best in Orange County.

The agreement adds $275,000 in revenue to the city coffers and a nearly $300,000 one-time payment, said city officials.

The city also claimed that the new contract resulted in a 19% reduction in residential collection rates. Also as part of the agreement, the trash hauler will provide street-sweeping services at no additional cost to the city.

The two sides will be back in court on June17.