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La Habra Heights, CA -
Concern over misconduct by a City Attorney and
contracted hearing officer, has City Manager Shauna Clark asking for an
independent investigation of an administrative hearing.
An administrative review hearing involved La Habra Heights resident Phil Lough
and his wife Aida was held on December 27, 2010. Mr. Lough is a
candidate in the upcoming City Council election. There are two seats open
on the March 2011 City Council election, one of which is held by embattled
councilman Howard Vipperman who is seeking re-election.
The hearing, conducted by contracted Hearing Officer John van Doren and
Attorney Yana Welinder with the City’s law firm of Colantuono & Levin,
sought to determine whether the Loughs have one too many animals. In
addition, the hearing addressed if a neighboring rubber tree droppings,
mistaken by the City staff for manure, were the Loughs' responsibility.
The Loughs had petitioned for a an open hearing in the City’s MPR room.
Instead, Ms. Clark forced the proceedings into a backroom know as “The
Cave” posting a guard by way of a Sheriff Department deputy, effectively
keeping it closed to the public and assembled news media. While tape
recorders for both the City and the hearing officer were allowed, the
Loughs were repeatedly denied the opportunity to record the hearing.
Eventually after consulting with reporters during a recess the Loughs were
allowed to record the meeting that included video, which was later
obtained by this reporter and posted on Twitter.
The hearing appeared to conclude at approximately 11:30 a.m.when the door
opened and the Loughs exited the conference room. However, hearing officer
John van Doren and City Attorney Weliner remained in the room alone and
continued talking. Aida Lough told the La Habra Heights City Council at
their January 13th meeting that the hearing ceased to be impartial and
fair when discussions between the hearing officer and City Attorney
continued in their absence. Mrs. Lough also disclosed that a recording of
what transpired in the room existed. In reviewing the recording you can
clearly identify John van Doran and Attorney Yana Welinder discussing the
case for several minutes after the Loughs had departed “The Cave”. Phil
Lough , who had left the MPR room, returned when reporters had not emerged
to interview him as they had requested. He was informed that the hearing
officer and City Attorney were still in the room with the door closed.
Mr. Lough knocked on the door that was answered by John von Doran. Lough
asked if they were discussing his case. John von Doren said "no".
As a result, City Manager Shauna Clark is seeking an 'independent
investigation' of the events that transpired by the City’s own attorney
Ms. Sandra Levin. Ms.Levin is a partner with the firm of Colantuno &
Levin, the same firm the City employed to represent them at the hearing.
In an email obtained by this reporter Ms. Clark writes “That fact that
(The fact that) discussions were held during recess or after the meeting
has caught the attention of the City Attorney.”
Clark also asks in her email for the recordings be turned over to Sandra
Levin for review. However, the Loughs are not in possession of the
original recording nor has it been released to the general public.
When asked, in a videotaped interview with Mr. John von Doren, if the Loughs had received a fair hearing he responded “they got a fair hearing
and they will get a fair ruling” Mr. Lough did not agree.
You can learn more on the Loughs' fight for rural living and animal
keeping at: www.LaHabraHeights.net
EOM
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