City Leadership Missteps Reckless Spending Sparks Questions of Waste and Abuse

Shawn Gordon
3 min readOct 26, 2024

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City Leadership Missteps: Reckless Spending on $35,000 Invoice Sparks Questions of Waste and Abuse

As a concerned citizen, I am troubled by our city’s recent decision to challenge a $35,000 invoice — an amount it had initially agreed to pay and is mandated by state law. This all goes back to the district voting. The city agreed to the terms by going to district voting, so there is no question in that regard. Rather than fulfilling this obligation, the city has engaged a high-cost law firm that is dispatching two senior partners from Northern California, likely billing $800 to $1,000 per hour each, along with an associate charging around $300 per hour.

The costs are going to be between $15,000 and $25,000 PER DAY, and that doesn’t count the expense of their food and lodging. Within a couple of days, the legal fees will easily exceed the original invoice amount. The decision to go to court over a modest bill, despite predictable, steep legal costs, could reflect not just fiscal irresponsibility but also a serious abuse of discretion — one that may ultimately invite taxpayer scrutiny, or even a lawsuit, over wasteful expenditure.

What’s even more peculiar here is that the city went judge shopping. They got rid of the Hispanic judge and found a White woman in Aliso Viejo to be the judge. Why?

A Legal Expense Out of Proportion

This mounting legal bill calls into question the city’s fiscal responsibility. Engaging a high-powered firm on a case of this scale, with the potential for cumulative costs to spiral into six figures, reflects a level of disregard for taxpayer dollars. If the city loses or is found liable, it may be required to pay the plaintiff’s attorney fees as well, further compounding costs. This extravagant legal expenditure over a modest, legally-mandated payment may meet the legal threshold for “wasteful expenditure,” which could provide grounds for concerned taxpayers to pursue legal action against city officials for failing to exercise due discretion. The only person that makes out in this, is the city attorney Greg Simmonian, who also happens to be the city attorney for Laguna Hills, where he advised them to fight the districts, despite no city ever having won that.

Accountability and Transparency: When Waste Turns to Mismanagement

Several fundamental questions urgently require answers:

  1. Why Challenge the Mandate? The city agreed to pay the invoice, which state law mandates. With no real benefit to contesting it, why has the city instead chosen an expensive legal strategy? The lack of clarity or public explanation about this decision leaves taxpayers wondering about city leadership’s motives and soundness.
  2. Who Benefits? Spending taxpayer funds with no financial award on the line is a misuse of resources, and it suggests an absence of any cost-benefit analysis. The city’s choice to invest potentially hundreds of thousands in a case with no upside is alarming.
  3. Is This Abuse of Discretion? Public officials have an obligation to protect taxpayer funds, especially when alternative, less costly options are available. By disregarding a clear legal mandate in favor of a high-priced defense, city officials may have violated their duty to prioritize sound fiscal decisions. This could legally amount to an abuse of discretion, making the case vulnerable to a lawsuit for waste.

The Path Forward: Citizens Deserve Better

Our city’s priorities should reflect careful, transparent stewardship of public funds. The decision to pursue costly litigation over a minimal sum with no financial return shows an alarming lack of accountability, raising the possibility of taxpayer lawsuits or other legal consequences. It’s time for city leaders to provide the public with answers and to justify their actions, as our community deserves better.

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Shawn Gordon
Shawn Gordon

Written by Shawn Gordon

All things data, developer, sustainable energy enthusiast as well as prolific musician.

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