Westfall targeted at Council meeting

 Former city clerk calls councilwoman ‘corrupt’

Crescent City Council member Donna Westfall, who continually raises issues about perceived fraud and corruption within municipal government, was forced to answer questions about her own conduct this week while being chided by some of her current and former colleagues.

At Monday’s council meeting, former City Clerk Dianne Nickerson, who was once the target of one of Westfall’s recall attempts, presented documents that she said showed the first-term councilwoman violated Fair Political Practice Commission guidelines by not reporting all the properties she owns.

In Nickerson’s nearly three minute rebuke, she called Westfall “corrupt,” asked the city to have the Grand Jury investigate her, and apologized to the councilwoman for being so blunt before telling her she was one of “the most disingenuous, mean-spirited, self-aggrandizing” and “dumbest elected officials” she had ever met.

Westfall didn’t respond to Nickerson’s allegations until about 40 minutes later, when Mayor Kelly Schellong invited her to.

“I called up the FPPC and spoke with them and had them hold my hand to fill out my form, so I felt that I filled them out appropriately,” Westfall said. “It’s easy enough for me to add it. I have no hesitation adding my other two properties that are in the county.”

Her explanation was quickly followed by a jab from Councilman Dennis Burns, who was once the subject of Westfall’s questioning whether he or Public Works Director Jim Barnts took kickbacks from wastewater treatment plant contractors.

“So if you own property in the county it doesn’t count?” Burns asked with raised eyebrows. “It seems like you’re accusing somebody else of that very same thing.”

“That would be me,” Barnts called from the audience to the sound of laughter from other council members.

With her own smirk, Westfall quickly retorted: “I didn’t build a $43 million sewer plant to run an extension to extend the plant to have a subdivision out by Wal-mart. So there’s a little bit of a difference there.”

“Neither did he,” Burns interjected, referring to Barnts, who was investigated by the Del Norte County Grand Jury for having a conflict of interest in his dealings with the city’s wastewater treatment plant.

For several years, some citizens, including Westfall, have accused Barnts of having a conflict because while he was working on the $42.5 million treatment plant construction project he was also a developer who was building a subdivision behind Wal-Mart that would need access to the municipal sewer system.

Barnts did not include this property on his FPPC Statement of Economic Interests Form 700 because, as he told the Grand Jury, he didn’t think he had to since the development was located in the county and wasn’t within the geographical boundaries of the city.

The Grand Jury didn’t find Barnts had a true conflict of interest, and ruled he only the “appearance” of one.

The city had also modified its conflict of interest code in March, before the Grand Jury report came out, to deal with these sorts of discrepancies in the future by requiring certain city officials to disclose any economic interests they have throughout Del Norte County.

On Monday, Nickerson said Westfall had committed the same violation, even though she had voted to implement the new policy.

However, the city’s conflict of interest code doesn’t actually include council members, because, as it states, they must file under a section of the Political Reform Act.

Even then, Westfall didn’t properly report on her FPPC Form 700 what properties she owned.

She failed to disclose two properties that she owns in the county — one on Macken Avenue and one of Butte Street — that are technically within the jurisdiction of the city, according FPPC rules, because they are within two miles of city limits.

The FPPC investigates violations of the Political Reform Act, and can imposes penalties if deemed appropriate when it finds any violations, including fines.

When reached Thursday, Westfall refused to comment.

Crescent City Manager Rod Butler said all the materials regarding Westfall’s violation will need to be reviewed before anything is submitted to an agency outside the city.

“It could go to the Grand Jury or the FPPC, or both,” Butler said. “We haven’t taken any specific action on that point.”

On Wednesday, Nickerson said she really didn’t have any intentions of getting involved in the tense politicking that has been occurring between Westfall and her colleagues.

Before resigning in June, Nickerson was reserved in her criticism of Westfall, many times choosing not to comment about her feelings, even though the councilwoman was trying to oust her from office.

But since then, Nickerson said Westfall has become “so obnoxious” and has wasted the time and resources of the city in her quest to ferret out alleged wrongdoing associated with the wastewater treatment plant.

“We’re trying to right any wrongs that were done and she just wants to keep beating a dead horse,” Nickerson said. “Calling her a drama queen is too kind, she just does so much damage to the city.”

The “last straw” for Nickerson came when Westfall questioned Burns about whether he was taking kickbacks. Nickerson said that offended her because she worked side-by-side with Burns for several years and believes he is a man of the “highest-integrity.”

“I would like to see her out of office,” Nickerson said. “Everyone is treating her with kid gloves ... (and) somebody needs to step up and take a stand against this woman.”