Peter Wagener recused himself as chair of the La Jolla Parking District Advisory Board during the November meeting and then resigned his post amid questions of a conflict of interest from a group called La Jollans for Clean Government (LJFCG), which requested that all the board members disclose their financial interests.
“At that meeting, Peter recused himself. Tom Brady raised the issue because he has a hotel with a parking structure,” said Deborah Marengo, president of Promote La Jolla. “No action took place and no one invited Mr. Wagener back in. He sent an e-mail to board members that he was resigning because he was not appreciative of the way they handled the meeting.”
But the attorney for La Jollans for Clean Government issued a letter to the members of the parking board asking them to disclose their financial interests in La Jolla just before Wagener resigned, said Steve Haskins, attorney for LJFCG.
According to Haskins, the watchdog group isn’t taking a stand on paid parking but on the board’s conduct. He wants to make sure they follow the rules, including filling out what he refers to as “pretty standard forms” that will reveal if someone appointed to a board has any financial interest in what they are voting on.
“It’s suspicious, after all these months of meetings, the chairman resigns,” Haskins said. “We all know he owns a parking lot.”
At the November parking board meeting, the board asked an attorney present from the San Diego City Attorney’s Office for advice, including an opinion on what constitutes a conflict of interest, Marengo said.
The attorney, Michael Calabrese, said he couldn’t offer an opinion on the spot and would give his opinion in the future.
After receiving the letter from Haskins’ watchdog group saying that the board had five days to fill out the financial forms or they would be sued, Marengo solicited advice from the city attorney’s office and Calabrese. She asked him to give an opinion on what constitutes a conflict of interest and whether the board members need to fill out forms to disclose their financial interests.
Calabrese replied on behalf of the city attorney’s office, saying he was considering the issues.
While he writes his opinion, Haskins and La Jollans for Clean Government have agreed to hold off on filing suit against the board.
“We’re just waiting on Michael Calabrese to let us know what his opinion is,” Marengo said.
While Calabrese said his opinion would not be ready for at least a week or two, he did say that the two issues go hand in hand ” each individual’s economic interests and the potential conflict within them.
“They have asked me what kind of conflict would require a board member to recuse themselves,” Calabrese said. “The filings of SEIs (Statements of Economic Interest) are how you know what a person’s economic interests are.”
Also, Marengo asked the city attorney’s office how many other parking boards are in the vicinity and if their boards have to disclose their financials. While Calabrese didn’t answer the question, he did say that the office’s opinion “goes board by board.
“Sometimes our opinions end up being precedential, but right now, I’m only looking at this one,” Calabrese said. “We’ll just see where we go from here.”
The next parking board meeting is planned for Dec. 19, the second Wednesday of the month, at the La Jolla Recreation Center, 615 Prospect St. The time has not been determined yet, Marengo said. For more information, go to www.lajollabythesea.com.