By DIANNE HARDISTY, editorial page editor -- There’s no such thing as being legally wrong, but morally OK when it comes to anti-political corruption laws California voters enacted in 1974.

But that was Vice Mayor Harold Hanson’s reaction to concerns about newly elected Ward 3 Councilman Ken Weir’s apparent conflict of interest.

“Legally, I don’t know if it’s wrong or right,” Hanson told The Californian. “Morally, I think it’s probably OK.”

Earlier this month, Weir participated in a closed-door City Council meeting to discuss a lawsuit filed against the city by developers, including Gordon Downs. Until recently, Weir was Downs’ accountant.

During last fall’s Ward 3 campaign, I sent an e-mail to Weir inquiring about this business relationship: “With Gordon Downs being one of your clients (in your CPA firm) have you checked with the city attorney’s office as to how that will affect your ability to vote on the Hillside Ordinance (if it is not decided before you take office) and other development decisions regarding his property? Do you have other clients that are developing property or doing business with the city that may affect your ability to vote on issues coming before the City Council?”

Weir responded in an Oct. 6 e-mail: “I advised Gordon Downs some months ago that our business relationship would be terminated prior to the election. That termination became effective Sept. 30, 2006. I have one other client that is developing a small parcel in west Bakersfield. This project has already been approved. I am not currently aware of any other possible conflicts.”

With Weir’s earlier recognition that his relationship with Downs was a conflict, it was surprising Weir attended the City Council’s Jan. 17 closed-door session on Downs’ lawsuit, which Weir reportedly characterizes as a misunderstanding.

The California Fair Political Practices Commission, the government agency that administers the state’s anti-corruption laws, advises local government officials to avoid involvement in decisions affecting people or businesses that have paid them $500 in the last 12 months — that would be no sooner than Sept. 30, 2007, or 12 months after Downs pays Weir’s final bill. Violating conflict of interest laws is a criminal offense.

Weir declined to respond this week to a Californian reporter’s questions about his participation in the closed-door session. Instead, he referred the reporter to his private Bakersfield attorney, George Martin, who said he has advised Weir to excuse himself from all future City Council deliberations concerning Downs and the lawsuit.

Despite being told by his lawyer that it was wrong for him to attend the closed-door session, Weir made light of the conflict at a political luncheon last week.

OK, give the guy the benefit of a gaffe. He’s new to his City Council post. But he isn’t new to state conflict of interest laws and other laws governing the behavior of elected officials. Before being elected to the City Council, Weir served for 14 years on the Bakersfield City School District Board, where trustees are bound by the same conflict laws.

Disappointing is Hanson’s response, telling the reporter that council members, including Hanson, a local banker, and Ward 4 Councilman David Couch, a stockbroker, have lots of clients. But Hanson reassured the reporter that they are very responsible when voting on issues and personal relationships have no bearing on how they vote.

Well, that’s not good enough. Trust us because we are good and honest men falls short of the law Californians enacted to ensure their elected officials are casting votes for the public’s good and not their self-interest.

Was Couch as cavalier? I asked him.

“I take even the potential of a perceived conflict of interest very seriously,” he responded. “I look through each agenda not only to study the issues, but to make sure I have no conflicts. If I find that I have a conflict, which is rare, I abstain from voting and from any discussion on that item.

“Over the last eight-plus years, I have sought the advice and opinion of the city attorney and the FPPC, and have always taken the most conservative course of action. We have to strive to maintain the  pubic’s trust at all times. 
 
“Serving in any capacity can have a negative impact on whatever business you’re in,” he said. “That’s the necessary price to pay for honest representation.”

In the wake of a rash of local government corruption cases, the state Legislature passed and Gov. Schwarzenegger signed into law in 2005 a requirement that elected and appointed government officials must complete ethics training every two years. The training focuses on corruption laws, including those defining conflicts and requirements that elected officials disclose their financial holdings.

Council members Irma Carson, Sue Benham, Couch, Hanson and Jacquie Sullivan have completed the training. Councilmen Zack Scrivner and Weir are  is expected to complete the training later this year.