COUNCIL, FORMER MEMBER DIVIDED ON FINE APPEAL.

Byline: Sylvia L. Oliande Staff Writer

BURBANK - A former City Councilman who was a party to a Fair Political Practices Commission judgment over improper city mailings said he is being unfairly left out of discussions over whether to pay or appeal the $6,000 fine.

Ted McConkey said Monday he favors paying the fine and moving on, and is concerned the current council is talking about fighting it.

``It would be morally indefensible to spend taxpayers' money to hire outside counsel to (challenge the fine),'' he said. ``We were wrong. We did it with good intentions, but on the extremely bad legal advice from our city attorney. It's not the City Council's responsibility now to saddle the taxpayers to try to rehabilitate our reputation.''

A judge determined in August that the council was wrong to use public money to send out the mailers, which urged residents of Burbank and surrounding areas to help restart stalled talks over terminal expansion.

City Attorney Dennis Barlow said he advised sending out the mailers because in his opinion they did not give Burbank elected officials any advantage in campaigns.

Barlow said as long as McConkey cooperates with the defense of the case, the city is obligated to pay for his part of the fine or to represent him in an appeal. But if the council decides to press for a review of the decision and McConkey decides not to be part of it, he could be liable for at least his portion of the fine, Barlow said.

``Like any current or former employees, the city is obligated to defend them if they cooperate with the defense,'' he said. ``If anyone doesn't like that they can go out and pay their attorney and cover the cost . . . and take their chances.''

Barlow said McConkey is not entitled to be present in closed-door discussions about the case because only the sitting council is responsible for making legal defense decisions. He said the issue is no different than keeping current or former employees out of closed-session discussions on legal cases directly involving them.

In any case, he said, the council has not yet talked about the issue.

McConkey said because he was elected and not hired by the city to serve on the council, he should not be barred as an employee would.

``I was an elected official taking an action on the part of the city as an official,'' he said. ``It's a different situation altogether.''

But Barlow said under the law the restrictions are the same.

Also named in the judgment were Mayor Bill Wiggins, Vice Mayor Bob Kramer, Councilman Dave Golonski, Councilwoman Stacey Murphy and former Councilwoman Susan Spanos.