When a Conflict of Interest Isn't But Should Be: The Carlos Bustamante Story

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Posted by Gustavo Arellano in Notes from the Banana Republic

January 6, 2008 12:38 PM

Permalink | Comments (9)

First of three parts...

There are political hacks, and then there is SanTana councilmember Carlos Bustamante, the Orange County Republican Party's Great Brown Hope and a man who seemingly never met a political donation he didn't accept and subsequently vote for his donor's interests. Seriously, people: I've read through hundreds of campaign-finance records and tracked multiple politicians in my years at the Weekly, but Bustamante is one of the hackiest of the hack I've encountered.

We were going to limit our mini-investigation of Bustamante to two posts, but the ever-vigilant Orange Juice! clued us into something. Tomorrow, the SanTana City Council will decide on whether to loan C & C Development nearly $9 million to acquire and renovate properties in the city's Townsend neighborhood. It's almost a near-certainty: in March of last year, the SanTana Housing Authority helped C & C head Barry Cottle secure a $15 million tax-exempt bond for another project in the city. Not only that, but Bustamante owes Cottle something. On Dec. 21, 2006, Cottle and his relative Mary Cottle each donated $249 toward Bustamante's failed 2007 First Supervisorial run, neatly evading SanTana campaign finance rules which state councilmembers can't vote on projects for 12 months involving anyone who donated $250 or more "to the councilmember or to any campaign committee controlled by the councilmember."

Even if the Cottles did give Bustamante $250, he'd still be able to vote on C & C's request since more than a year has passed since the Cottles' donations. Interestingly enough, the original vote on the project was scheduled for Dec. 3 but postponed an extra 30 days per a city council vote.

Now, nowhere in this episode did Bustamante come close to running afoul of conflict-of-interest laws--he merely accepted money from an ingeniously donating developer on whose project he'll probably vote on tomorrow night. But Bustamante hasn't always been so careful about letting a year pass before voting on his patrons' projects.

Visit this blog Tuesday morning for Part 2...

Comments (9)

Anonymous says:
January 6, 2008 16:40

Since you are going through his campaign-finance records, you may want to go through his timesheets at the County of Orange. He is rarely there, but gets paid to be an Assistant Director for Planning & Development Services for the County of Orange.

Anonymous #2 says:
January 6, 2008 18:42

Amazing that the County of Orange's Asst. Director for Planning & Development Services is responsible for timesheets, collects a salary and it takes a posting on the OC Weekly for someone to confirm this man is working when he says he is and earning the money OC taxpayers pay him! Congrats again to the OC Board of Supes, the County of Orange and its many so called public servants. OC has an indicted Sheriff returning to work tomorrow... a DA who refuses to submit new evidence that may clear a man sitting on Death Row for 20 years and a Board of Supervisors who pretend to supervise County employees but does nothing more than shuffle papers, hold meetings during normal working hours that prevent many public members from attending and still has not figured out of the OC Treasurer is taking the County into Bankruptcy #2.

ONLY IN THE OC......

Ese in SA says:
January 6, 2008 21:08

I suggest some of you take a walk down Townsend St. It can use a whole lot of help. It's definitely one of the toughest neighborhoods in Santa Ana. I know that doesn't mean that things shouldn't be done the right way, but I just wanted to point out that developments in this neighborhood will most likely benefit lower income residents.

Anonymous says:
January 6, 2008 21:32

Carlos Bustamante is really too easy of a target, Gustavo. This poor guy is an empty suit and a nitwit. The other council members must love him because he makes them look so damn smart.

Additionally, Carlos was prepared to vote in favor of Village Green at Birstol and Memory even though he received contributions from Sun Cal. Unfortunately, it doesn't appear that the project is going forward given the horrible housing market.

Gustavo Arellano says:
January 6, 2008 22:32

Ese Ese: I'm all for the affordable housing, pero with no conflict-of-interest, you know?

Anon: make up a nickname! And just 'cause Carlos ain't exactly the brightest bulb doesn't mean we should go easy on him. Not only that, but besides Orange Juice!, none of the MSM has ever bothered investigating Carlos' shenanigans...

G.Jones says:
January 7, 2008 09:34

SantAna ain't special -- the cups of the city councils and school boards of OC are running over with imbeciles. (I know a few who are so stupid they need someone else to chew their food for them.) But hardly anybody ever shines a light on them either.

pee-wee league says:
January 7, 2008 13:51

Gustavo,

C&C Development is one of the only developers who tries to build projects with 100% affordable housing. ALL affordable projects require massive subsidy by local government to build because the rents don't make the projects pencil in this construction environment. Not to defend the Space Commander, but why don't you do some research first. The project will most likely benefit SA and not be another vacant loft project geared toward wealthier SA residents.

Since when it is a conflict to vote on an affordable housing project when both councilmember and donater followed the campaign finance rules?

Gustavo Arellano says:
January 7, 2008 17:50

Pee-Wee: Your defense of affordable housing is lost on me--where did I attack it? Good for C & C for their commitment--but why was their project opposed by SanTana's Housing Commission, one comprised mostly by good liberals?

Your last question is also somewhat lost on me. Read my last paragraph, where I explicitly state Bustamante did NOT break any conflict-of-interest laws. But don't you find it a bit weird that Barry Cottle (rhymes with coddle) gave just one dollar less than the amount required to put him in conflict of interest territory--and he nevertheless got around that by getting Mary to give the same amount? Other anonymous commentators (good for you for giving yourself a pseudonym!) have criticized my puritanical, no-contributions-from developers approach to electoral politics, but that's how I feel.

Anonymous says:
January 8, 2008 14:42

It's all about the intent.
Carlos accepted three different checks from the Cottle's. $ 249 from Barry, $ 249 from Mary and $ 249 from William O, all on the same day.
Legal?-Absolutely.
Ethical?-Hardly.

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