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PARTING IS $WEET: CONTRACTS WITH EX-OFFICIALS BRING LITTLE BENEFIT TO CITY.


Byline: Patrick McGreevy Daily News Staff Writer

Ten city bureaucrats, most of whom were fired or pressured to quit because of poor performance, got more than $1.2 million in city consulting contracts since 1990 - with questionable benefit to the city, records show.

A Daily News review found that several outgoing managers were given contracts with little or no measurable work requirement and that checks are routinely cut by City Controller Rick Tuttle Rick Tuttle (born 1940) was Los Angeles City Controller from 1985 to 2001. He stressed the importance of creating a strong democratic influence at UCLA, which was in his words "the best large public university in a major city.  without detailed proof that the negotiated work was done.

In some cases - such as the City Council's approval of a $375,000 buyout Buyout

The purchase of a company or a controlling interest of a corporation's shares.

Notes:
A leveraged buyout is accomplished with borrowed money or by issuing more stock.
 for departing Police Chief Willie L. Williams Willie L. Williams (born 1 October, 1943) was chief of the Los Angeles Police Department (LAPD) from 1992 to 1997, taking over after chief Daryl Gates' resignation following the 1992 Los Angeles riots. , which includes a $174,000 consulting contract - the sweet deals were approved simply to avert lawsuits.

``The reality is, we don't need people to do the work we're contracting for, which they don't do anyway,'' said Councilman Joel Wachs Joel Wachs served for several terms as Los Angeles City Councilman for the 2nd district. He was first elected by defeating incumbent James B. Potter.

While in office, Wachs chaired the Public Works Committee and vice-chair of the Environmental Quality & Waste Management
, a vocal critic of the practice.

``These are just payoffs to people,'' he said. ``That's what really bothers me.''

City officials admit that contracts have been issued to grease grease, mixture of lubricant and thickener. It is used to reduce friction between surfaces from which oils would leak away or cause damage by dripping, or where lubrication must be assured for extended periods. Many greases are mixtures of mineral oil and soap.  the exit of unwanted managers and that payments often are meant to head off a lawsuit as much as to obtain needed consultant services.

Some cases are more obvious than others.

City officials bought out Community Redevelopment Agency Administrator John Tuite in 1990, paying him $162,375 for the last year of his pre-existing contract, during which he was not required to work.

The practice of using contract payments to get rid of managers has sparked grave concern among some in City Hall.

When told about the Daily News findings, Tuttle quickly issued a letter asking Mayor Richard Riordan Richard J. Riordan (born May 1, 1930) is a Republican politician from California, U.S. who served as the California Secretary of Education from 2003–2005 and as Mayor of Los Angeles from 1993–2001. Riordan ran for Governor of California unsuccessfully in 2002.  and the City Council to reform the practice by requiring all future contracts to provide specific, measurable performance requirements and only to be issued for ``bona fide [Latin, In good faith.] Honest; genuine; actual; authentic; acting without the intention of defrauding.

A bona fide purchaser is one who purchases property for a valuable consideration that is inducement for entering into a contract and without suspicion of being
 work.''

``We believe all contracts should have measurable performance requirements,'' Deputy Controller Tim Lynch said in an interview last week. ``Clearly, many of these (contracts) did not.''

Lynch said many of the contracts are negotiated behind closed doors and approved by the City Council, forcing his office to issue the checks despite concerns about whether work is being done.

``Our office has questioned these things "These Things" is an EP by She Wants Revenge, released in 2005 by Perfect Kiss, a subsidiary of Geffen Records. Music Video
The music video stars Shirley Manson, lead singer of the band Garbage. Track Listing
1. "These Things [Radio Edit]" - 3:17
2.
 and asked how on Earth can you enforce these contracts?'' Lynch said.

Added Tuttle: ``There ought to be clear criteria and identification of the kinds of tasks to be performed. Sometimes they are so vague it's hard to monitor.''

Tuttle said he was obligated ob·li·gate  
tr.v. ob·li·gat·ed, ob·li·gat·ing, ob·li·gates
1. To bind, compel, or constrain by a social, legal, or moral tie. See Synonyms at force.

2. To cause to be grateful or indebted; oblige.
 to make the payments unless they violated vi·o·late  
tr.v. vi·o·lat·ed, vi·o·lat·ing, vi·o·lates
1. To break or disregard (a law or promise, for example).

2. To assault (a person) sexually.

3.
 specific requirements of the contract. He said he was not in a position to second-guess the council.

``One of the things that has been necessary is clear criteria so that there is a basis for holding up payments,'' Tuttle said. ``We want to get clear criteria from those making the arrangements.''

Reforms sought

Joel Fox, who heads the Howard Jarvis Taxpayers Association Howard Jarvis Taxpayers Association helped sponsor Proposition 13, the property tax-cutting initiative in California in 1978 which slashed property taxes by fifty-seven percent and initiated a national tax revolt. It was founded by California republican Howard Jarvis. , said he is not against contracts as long as the city taxpayers get some value in return. City officials, he said, need to make sure contracts are enforceable and produce tangible, measurable results.

``It has to be reformed,'' Fox said of the current practice. ``The taxpayers should get value for their money, and it should be documented what they get.''

Although the practice of giving contracts to departing managers has been longstanding at City Hall, a flurry Flurry

A drastic volume increase in a specific security.
 of such contracts have gone out recently under Riordan, who comes from a corporate world where buyouts are commonplace.

In just the last two months, city officials have approved contracts totaling $274,000 for Williams and Animal Services Director Gary Olsen.

Both are leaving amid dissatisfaction with their leadership ability.

``There is something wrong when the city keeps rewarding people for not doing their job by paying them off with more money than the people who stay and do a good job,'' said Wachs.

At least three ousted managers got contracts that paid them more than they were making as employees.

In 1990, city officials pressured Planning Director Kenneth Topping to resign but gave him an 18-month, $220,000 contract to help draft an emergency preparedness pre·par·ed·ness  
n.
The state of being prepared, especially military readiness for combat.

Noun 1. preparedness - the state of having been made ready or prepared for use or action (especially military action); "putting them
 plan. It worked out to an annual payment of $146,000 for a $111,812-a-year employee.

That same year, Leonard Rittenberg, who was earning $83,416 as city treasurer, got a six-month, $50,000 consulting contract. He had resigned after disclosure of irregularities in the placement of city deposits.

Business as usual

A contract cut in 1995 to former Zoo Director Mark Goldstein is representative of the kind of deals cut by the city.

Pressured to quit because of dissatisfaction with his management, Goldstein got a $90,000, nine-month contract to provide ``professional consulting services Noun 1. consulting service - service provided by a professional advisor (e.g., a lawyer or doctor or CPA etc.)
service - work done by one person or group that benefits another; "budget separately for goods and services"
 regarding the administration and operation of the Los Angeles Zoo The Los Angeles Zoo founded in 1966, is a large zoo located in Los Angeles, California, USA.

The Zoo, located in Los Angeles' Griffith Park, is home to 1,200 animals from around the world.
 during its transition to a new administrator.''

The contract paid him $400 a month more than his previous city salary.

It required the work to be provided ``as required,'' and listed evaluation of systems and policies, ``evaluating and reporting on different models for zoo operations throughout the country,'' and providing help on the budget as duties.

It also required Goldstein to ``submit written reports as reasonably requested by city.''

No reports were submitted with the invoices to the controller's office, which issued the checks. According to according to
prep.
1. As stated or indicated by; on the authority of: according to historians.

2. In keeping with: according to instructions.

3.
 current Zoo Director Manuel Mollinedo, who took over for Goldstein: ``I never saw anything, any report. . . . I never had a conversation with him.''

City Parks Director Jackie Tatum said the contract was administered by Parks Commissioner Steve Soboroff Steve Soboroff (born August 31, 1948) is a real estate developer and president of Playa Vista. Mr. Soboroff is the Chairperson of the Leavey Center for the Study of Los Angeles at Loyola Marymount University. , who acknowledged he saw no reports and spoke only a few times with Goldstein during the contract period.

``I don't have any written reports. What I look for is results, not reports,'' Soboroff said.

He said Goldstein was ``helpful'' during the transition, but he could not quantify the help, and he admitted one of the biggest values of the contract was that it got Goldstein out of the zoo director's post without the distraction of a legal battle.

``Frankly, I'm glad he's gone. It's worth every penny,'' Soboroff said. ``If the buyout money was to stop litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
 and get advice, I think we got both. It is too hard to make changes in general manager positions.''

A question of ethics

A similar situation occurred in 1995 when the Ethics Commission In the United States, an Ethics Commission is a commission established by State law to discourage dishonest practices by their public employees and elected officials. Almost all American states have such a commission.  decided to fire its executive director, Ben Bycel. Bycel threatened to sue, claiming the commission acted without justification and denied him due process rights.

The commission awarded Bycel a six-month, $51,751 consultant contract ``to assist the commission carrying out its charter-mandated responsibilities.''

The contract called for Bycel, who agreed not to sue, to be available to the executive director from 20 to 40 hours per week.

The City Controller's Office questioned the contract, saying it was vague about what Bycel would do - forcing the Ethics Commission to elaborate in writing that Bycel would provide advice on ``governmental ethics, campaign finance and lobbying.''

The commission submitted invoices to the controller showing Bycel should be paid for 40 hours a week, but no backup documents were provided to show what he did. Still, the checks were issued.

Bycel and Commission Deputy Director LeeAnn Pelham Noun 1. Pelham - a bit with a bar mouthpiece that is designed to combine a curb and snaffle
bit - piece of metal held in horse's mouth by reins and used to control the horse while riding; "the horse was not accustomed to a bit"
 acknowledged that Bycel was not providing advice during all the hours billed.

``I was paid literally to be reasonably available,'' Bycel said. ``There were days when I got a couple of calls a day (for advice). Other times, days would go by where I wouldn't speak to them.''

Bycel said he considered the $51,751 in payments was mainly to settle his legal claim.

``To me, it wasn't based on working 40 hours a week,'' he said. ``To me, the six months' (pay) was basically settlement of a lawsuit.''

Commission invoices submitted to the controller billed the city based on $49.57 an hour, and a clerk signed each billing saying the services billed ``were received by me'' and ``are as described.''

Pelham said the contract only required Bycel to be on call.

``He wasn't asked to do a written report,'' she said. ``He was advising the commission on things that were pending when he left.''

Councilwoman Rita Walters Rita Walters (1930-) is currently the commissioner of the Los Angeles Public Library. Prior to this position, she served on the Los Angeles City Council representing the 9th district. During that time, she chaired the Arts, Health & Humanities Committee.  said documentation should have been submitted showing what work was done, and any invoices should have clearly labeled which hours were actually worked and which were paid for Bycel to be available.

Giving advice

When Riordan decided last year to merge the Telecommunications Department into another agency, General Manager Susan Herman lost her job but was given a one-year $104,000 contract for advice on legislation and pending projects.

The contract freed the city of liability and called for invoices to be accompanied by ``other documents of proof as may be reasonably required by the city.'' However, the city controller's file contains no documentation of the work she did for the $8,743 monthly check.

Herman reported directly to the Mayor's Office, which could not produce any documents to show work performed. Herman did not return calls for comment.

Information Technology Agency representative Frank Martinez said Herman did produce a written report on how to expand telecommuting telecommuting, an arrangement by which people work at home using a computer and telephone, transmitting work material to a business office by means of a modem and telephone lines; it is also known as telework. .

Martinez said he could not produce the report, which he has not seen, because the staffer who had it was out, but he said he believes it satisfied Herman's responsibilities under the contract.

Topping's invoices to the City Controller also lacked any backup documentation, although city emergency preparedness coordinator Bob Canfield can·field  
n. Games
A form of solitaire.



[After Richard Albert Canfield (1855-1914), American gambler.]

Noun 1.
 said the former planning director did provide valuable input to department staff in drafting a recovery and reconstruction plan.

The plan had been in the works since the mid-1980s but was not finished during Topping's five years in charge.

``It could have been done (without the contract) but it would have taken more years. He sped the process up,'' Canfield said.

The same rationale was given for a contract awarded in October 1994 to Ed Avila, whose employment as head of the Community Redevelopment Agency was not renewed by the city.

The city gave Avila a $176,000 contract to provide ``management of recently developed bond acceleration program.''

As the Daily News reported May 5, many of the projects financed by voter-approved bonds in the last decade are still years overdue, including new 911 emergency centers financed by a bond measure approved five years ago.

Public Works public works
pl.n.
Construction projects, such as highways or dams, financed by public funds and constructed by a government for the benefit or use of the general public.

Noun 1.
 Board President J.P. Ellman, who oversaw o·ver·saw  
v.
Past tense of oversee.
 the Avila contract, said Avila was not to blame for continuing problems in the construction of bond-funded projects such as the seismic retrofit ret·ro·fit  
v. ret·ro·fit·ted or ret·ro·fit, ret·ro·fit·ting, ret·ro·fits

v.tr.
1. To provide (a jet, automobile, computer, or factory, for example) with parts, devices, or equipment not in
 of City Hall.

Ellman said Avila attended meetings of a bond-acceleration task force, surveyed the city's infrastructure needs and helped the board create a new agency to oversee strategic planning Strategic planning is an organization's process of defining its strategy, or direction, and making decisions on allocating its resources to pursue this strategy, including its capital and people.  of infrastructure improvements.

Avila was one of only two managers who submitted back-up reports with his invoices to the controller - but many reports had vague comments to support billings.

In August 1996, retiring city engineer Robert Horii received an eight-month, $104,000 contract to provide assistance on projects including the seismic retrofit of City Hall.

He filed reports with the controller, saying he met with city officials to discuss issues raised in a report by a task force on the retrofit project. The task force was formed when costs soared from $90 million to $265 million.

Much of the work has not been done, even though the project was financed by bonds approved by voters in 1990.

Horii reported directly to Chief Legislative Analyst Ron Deaton, who said the former engineer has helped advance the project but he could not quantify the work done by Horii.

SWEET DEALS

Since 1990, the city has offered a series of consulting contracts worth more than $1.1 million to departing city administrators - many of whom resigned amid pressure or whose contracts were not renewed. What the money bought is harder to measure. In some cases, only their silence or a vow not to sue.

Gary Olsen

Position: Director, Animal Services Department

Salary: $100,000

Years with city: 27

What happened: Agreed Monday to retire with a $100,000 consulting contract even though his leadership was questioned.

Work to be done: Study the pet overpopulation overpopulation

Situation in which the number of individuals of a given species exceeds the number that its environment can sustain. Possible consequences are environmental deterioration, impaired quality of life, and a population crash (sudden reduction in numbers caused by
 problem, facilitate opening spay spay
v.
To surgically remove the ovaries of an animal.



spay, spey

to remove the ovaries. See also ovariohysterectomy.


spay hook
see spay hook.
 and neuter neu·ter
adj.
1. Having undeveloped or imperfectly developed sexual organs.

2. Sexually undeveloped.

n.
A castrated animal.

v.
To castrate or spay.



neuter

1.
 clinics, and expand the East San Fernando Valley San Fernando Valley

Valley, southern California, U.S. Northwest of central Los Angeles, the valley is bounded by the San Gabriel, Santa Susana, and Santa Monica mountains and the Simi Hills.
 Clinic.

Willie L. Williams

Position: Chief of Police

Salary: $173,000

Years with city: 5

What happened: Given a $375,000 buyout to avoid a lawsuit after his contract was not picked up by the city.

Work to be done: The buyout includes a one-year, $173,000 contract to help in transition of power at LAPD 1. LAPD - Link Access Procedure on the D channel.
2. LAPD - Los Angeles Police Department.
.

Robert Horii

Position: City Engineer

Salary: $130,000

Years with city: 43

What happened: Horii received an eight-month, $104,000 contract in 1996 to advise the city on the retrofitting of City Hall.

Work done: Horii submitted written reports saying he met with city staff working on the retrofit project, attended meetings and provided advice on safety issues.

Susan Herman

Salary: $104,000

Years with city: n/a

What happened: After losing job in 1996, Herman given a one-year $104,000 contract to advise the city on telecommunication legislation and pending projects.

Work done: The mayor's office could not provide any written documentation of work done by Herman.

Mark Goldstein

Position: Director, Los Angeles Zoo

Salary: $116,448

Years with city: 3

What happened: Goldstein, who was pressured to quit in 1995, received a $90,000, nine-month consulting contract in exchange for his agreement not to sue.

Work done: The Parks Commission could produce no written reports of work done.

Ben Bycel

Position: Executive director, Los Angeles Los Angeles (lôs ăn`jələs, lŏs, ăn`jəlēz'), city (1990 pop. 3,485,398), seat of Los Angeles co., S Calif.; inc. 1850.  Ethics Commission

Salary: $102,000

Years with city: 5

What happened: Bycel, fired in 1995, received a six-month, $51,751 contract to advise the panel in exchange for his agreement not to sue.

Work done: Ethics officials could produce no written reports or work-product.

Kenneth Topping

Position: Director, city Planning city planning, process of planning for the improvement of urban centers in order to provide healthy and safe living conditions, efficient transport and communication, adequate public facilities, and aesthetic surroundings.  Department

Salary: $111,812

Years with city: 5

What happened: Resigning amid pressure in 1990, Topping was given an 18-month, $220,000 consulting contract to help the city draft an emergency preparedness plan.

Work done: City emergency preparedness coordinator Bob Canfield said Topping provided valuable input in drafting a recovery and reconstruction plan that was ready just after the Northridge earthquake The Northridge earthquake occurred on January 17, 1994 at 4:31 AM Pacific Standard Time in the city of Los Angeles, California. The earthquake had a "strong" moment magnitude of 6. .

Leonard Rittenberg

Position: City treasurer

Salary: $83,416

Years with city: 21

What happened: Following disclosures of irregularities in the placement of city deposits, Rittenberg was given a $50,000, six-month consulting contract in return for his resignation in 1990.

Work done: Officials said Rittenberg provided advice as needed as needed prn. See prn order.  to an interim treasurer.

John Tuite

Position: Administrator, Community Redevelopment Agency

Salary: $162,375

Years with city: 4

What happened: Tuite stepped down in 1990 under pressure from the CRA See Community Reinvestment Act.  board, which approved a $917,000 severance package A severance package is pay and benefits an employee receives when they leave employment at a company. In addition to the employee's remaining regular pay, it may include some of the following:
  • An additional payment based on months of service
 that included $162,375 in payments on the last year of his pre-existing employment contract.

Work done: No work required.

Ed Avila

Position: Administrator, Community Redevelopment Agency

Salary: $132,000

Years with city: 3

What happened: Avila's contract was not extended in 1994, but he was given a $176,000, one-year contract to provide ''management`` of a bond acceleration program.

Work done: Avila submitted written reports, saying he met with city officials and monitored and provided advice on t

he program.

CAPTION(S):

8 Photos, Box

Photo: (1) Ed Avila

(2) Mark Goldstein

(3) Leonard Rittenberg

(4) John Tuite

(5) Ben Bycel

(6) Gary Olsen

(7) Kenneth Topping

(8) Willie L. Williams

Box: SWEET DEALS (see text)
COPYRIGHT 1997 Daily News
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1997, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Daily News (Los Angeles, CA)
Date:May 18, 1997
Words:2547
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