BERNSON SEAT ON MTA BOARD SKIRTS LAW.

Byline: David Bloom Daily News Staff Writer

When Los Angeles Mayor Richard Riordan made his latest MTA board appointment - Councilman Hal Bernson of Granada Hills - he apparently overlooked one thing: state law.

By law, Riordan must appoint ``two public members and one member of the City Council'' to the Metropolitan Transportation Authority board.

The mayor's appointees, however, are Bernson, Councilman Richard Alatorre and only one public member, Boyle Heights developer Jose Legaspi.

Oops.

The law is clear: The board must have two Los Angeles representatives who aren't elected officials, according to former Assemblyman Richard Katz of Sylmar, who as Transportation Committee chairman authored the bill that created the MTA in 1993.

``We wanted the mayor and a council member on - to represent the elected and provide some accountability - and then two public members to represent taxpayer interests at large,'' Katz said Wednesday. ``They also were there to make sure there would be representation from throughout the city. That was the point, to have maximum representation.''

Riordan was out of town Wednesday and could not be reached for comment.

MTA officials declined to comment on the issue.

One MTA board member called for the agency to seek an opinion on the legality of the appointment.

What is potentially at stake is Bernson's or Alatorre's seat on the powerful board, which controls the sprawling transportation agency and its annual budget of about $3.2 billion.

If one of the two councilmen must leave the board to meet the law's requirements, Bernson said he would not ask the mayor to oust Alatorre, even though his own departure would at least temporarily leave the San Fernando Valley without a seat on the panel.

``I wouldn't ask the mayor to do that,'' Bernson said. ``I've been one of the mayor's closest allies too, and Richard and I are close. I'll see what the case is, and what will be will be.''

Bernson said, until there is a decision, he ``will serve as long as the mayor wants me to.''

Bernson was philosophical about the possibility that he could be removed from the board, in part because the job is a difficult one amid the MTA's many troubles.

``I'm willing to serve on the board, but we have to comply with the law,'' Bernson said. ``I don't know what the interpretation (of the law) will be. We're all members of the public.''

Legal opinion sought

Katz questioned why the MTA's chief attorney, General Counsel David Kelsey, didn't raise concerns about the appointment while it was under consideration. Kelsey could not be reached for comment.

``The MTA has a habit of making up rules to suit their purposes, and this is a good example,'' Katz said.

``It's one of those where the lawyers ask what result do you want,'' rather than state what the law requires, he said.

MTA board member Jenny Oropeza, a Long Beach councilwoman, said Riordan should seek a legal opinion.

``The rules are the rules,'' Oropeza said. ``The mayor's got to be responsive, especially now that the issue's been raised.''

Oropeza, who has worked with Bernson on the board of the Southern California Association of Governments, said she hopes he will be able to serve on the MTA.

``I'll work with whoever's there,'' she said.

Katz said it is unfortunate for the Valley that the mistake involves Bernson, who Katz said should make an excellent board member because of his transportation experience and interest and his Valley roots.

``I'm glad Hal Bernson's there,'' Katz said.

Alatorre could step down from the board, but that seems unlikely politically. He was the agency's first chairman, continues to be one of the most influential members of both the MTA and council and is one of Riordan's closest council allies.

A brief precedent

The appointment of two councilmen to the board occurred during the first three months of the MTA's existence, between April and July of 1993, said Jim Smart, head of MTA media relations.

During that time, as former Mayor Tom Bradley was finishing his term and before Riordan had made his first appointments, former Councilman Marvin Braude briefly served with Alatorre, Smart said.

But until last week Riordan's own appointments have always included two public representatives other than elected officials. For most of the time Riordan has been in office, one of those public appointees was Northridge Realtor Mel Wilson, who this summer asked Riordan to replace him.

Riordan then named Legaspi, upsetting Valley leaders who said their region had no representation while the east-side and downtown interests were overrepresented.

Then Central City Association President Carol Schatz, Riordan's other public appointee, quit two weeks ago and was replaced by Bernson, quelling Valley discontent.