In a July 24 letter, the FPPC acknowledged an investigation into Diane Harkey's actions concerning a vote on the Dana Point Town Center.
In an April 27, 2005 advice letter (FPPC File No. A-05-032), the FPPC ruled that Harkey should refrain from participating in debate or voting on issues concerning the Town Center. Harkey did not recuse herself from this decision and therefore has violated Commission Regulation 18702.5(b)(1)(B), according to the complaint.
Harkey's family owns several properties in the Town Center and will benefit from her council actions. According to minutes of the Oct. 22, 2006 meeting, Harkey failed to comply with state ethics laws by failing to leave the room during the discussion and voting. Instead, she participated in debate, in violation of FPPC regulation 18702.5(b)(1)(B).
Further evidence of Harkey's intention to influence the debate is found in an email to a Dana Point resident on Oct. 14, 2005. Six months after Harkey was notified of the conflict of interest by the FPPC, she writes, "Lets drop this and move on to the really big issuses - like Town Center and election 2006. We are on the same side."
The Enforcement Division will make public any contemplated action against Harkey that results from the investigation. Harkey faces sanctions and monetary penalties for any violation of the conflict of interest law. The Enforcement Division can be reached at 916-322-5660.
