Bylaws and order
Altadena Town Councilman accused of using position to raise money
By André Coleman 09/17/2009
Elected less than five months ago, Altadena Town Councilman Herbert H. Simmons is now subject of an ethics investigation.
Simmons is suspected of using his council position to raise funds for a teacher- and student-of-the-month program that had not been approved by the 11-member council. The council, which holds no political power, serves as an advisory committee to Los Angeles County Supervisor Michael Antonovich.
“The Altadena Town Council Executive Committee is attempting to thwart my student of the month and teacher of the month programs,” Simmons complained in an email obtained by the Weekly.
Simmons asked residents to donate $25 to his pet program in August. Simmons received several checks for the program but said he returned them to contributors when the controversy arose later that same month.
Council Chairman Gino Sund refused to reveal what evidence supports the council’s suspicion, saying the matter was confidential since it is a personnel issue. But the council’s bylaws contain a provision stating members can’t attempt to raise money while representing themselves as a council member if the council has not taken a vote to do so.
According to the council bylaws, only the treasurer can accept funds for council business. Simmons said the donations, which totaled less than $200, have been returned.
In a July 28 email, Simmons wrote, “As part of my agenda as your councilmember, I am currently setting up a Student of the Month and a Teacher of the Month program for schools in Altadena.”
A Realtor who was elected June 6, Simmons concluded the email with the line, “This program is not funded by the County, nor is it affiliated with other Altadena Town Council members, it is funded by myself and the sponsors who chose to contribute through gifts and donations.” The email is signed, “Hon. Herbert Simmons, Altadena Town Council - Census Tract 4602.”
In an Aug. 8 letter, Simmons referred to the program as “my first program as newly elected councilmember.”
On Aug. 10, recording secretary Alice Sarkisian Wessen notified members of the town council, including Simmons, of emails she received from Simmons and of the possible ethics violation.
Wessen told the Weekly she would not comment until the investigation was complete.
According to Sund, the council formed a committee to look into the ethics violation in mid-August. A hearing on the committee’s findings is planned before the council’s October meeting, he said.
“After the recommendation the council will meet in a closed session and discuss that recommendation,” Sund said.
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