Architects Say Councilman Linked Donations to Bids : Politics: Robert Breton of Mission Viejo denies using coercion in his library campaign fund-raising effort.

MISSION VIEJO —  Several Orange County architectural firms have accused City Councilman Robert D. Breton of asking them to contribute $1,000 to a library campaign fund if they want a chance to bid for the proposed building’s design contract.

Breton acknowledged Monday that he sought money from the firms but said that the contributions were not a requirement for bid consideration. He said his intentions were misunderstood.

While City Manager Fred Sorsabal said Breton’s solicitations do not appear to violate any law, city officials have sent letters to the firms disavowing the fund-raising effort and promising to return any contributions.

Officials from at least two architectural firms say Breton told them that a donation was required to be seriously considered for the project, which hinges on a $5.1-million bond issue going before voters Nov. 3.

Breton called about a dozen companies in early October, and “I was really taken aback by what he had to say. It seemed quite unethical to me, to be quite candid,” said Paul Zajfen of the Ibi Group, a Newport Beach architectural firm. “Fundamentally, he told me that (the city) would short-list the architects to five . . . but that would be only the people who contributed.”

Breton, an assistant state attorney general in Los Angeles, denied using any coercion to influence the companies.

He said he only asked for donations to Partnership for a New Library, a local political group, to help pass the bond measure.

“At no time did I say that this (donation) is a requirement,” Breton said. “To say that I did would be absolutely false. Architects aren’t used to being solicited for anything. I guess they think anybody soliciting for contributions (for a political cause) must be applying pressure.”

“I think it’s a very unethical demand,” said Kim Alexander, policy analyst for Common Cause, a self-described public interest group based in Sacramento. “It appears to be a conflict of interest to raise money for an initiative that he will later have a vote on. I hope one of the architects files a complaint with the Fair Political Practices Commission.”

Sorsabal stressed that Breton was not acting on the city’s behalf.

“The city is not involved in” the solicitations, Sorsabal said. “We’re writing letters to all the architects indicating that the process will not be decided on contributions, and if there have been any (donations), they will be returned.”

The only funds raised from the architects was a personal contribution of $300 from Don Caskey of Coleman Caskey Architects in Irvine, which will be returned, Breton said.

Other companies contacted said they had ethical problems with how Breton requested contributions.

David Lang, a partner in Lang & Lampert in Irvine, sent the city and Breton a letter dated Oct. 9 complaining about the request. “Your requirement . . . that we contribute $1,000 to be included in the RFP process is on very shaky ground, morally and legally, and we would not wish to participate under those circumstances.”

Lang said Monday that he spoke twice to Breton and has no doubt that the councilman was talking about a mandatory donation.

“Just about his exact words were: ‘We are requiring that you contribute $1,000 to receive the request for proposal (a bid sheet),’ ” Lang said. “I find it amazing that he would do something like that. It’s certainly unusual.

“I think he was just acting in the interest of getting these library bonds passed,” Lang said. “But I told him that I don’t think we could” make the donation.

Two other firms contacted Monday told similar stories but declined public comment, saying they feared that it would harm their chances of winning the library contract if the bond measure passes.

Another architectural company said that Breton requested a donation to the library fund but did not apply any undue pressure.

“No amount of money was mentioned,” said Caskey, a partner in Coleman Caskey Architects. “My feeling is that it didn’t come off in any heavy-handed way. I would say it was an unusual request, but I couldn’t say it was illegal at all.”

The donations solicited by Breton were earmarked for a mailer to inform voters about the library bond issue. The $5.1-million bond measure requires two-thirds approval to pass.

Placed on the ballot by a vote of the City Council, the bond issue has been controversial. Although acknowledging the need for a library, several council candidates have heavily criticized the council for looking to add debt during a statewide recession.

But supporters say a new library is desperately needed to replace an aging, 9,000-square-foot structure that was built in 1971. For the past year, Breton has championed the library plans, calling the proposed 25,000-square-foot building, the future “crown jewel of Mission Viejo.”

“In no way have I derived any personal gain from this,” Breton said. “I just wanted to make sure the public has the maximum information about the library bonds.

“I was disappointed and saddened that my efforts to raise money for the library have been misconstrued. My votes have and would be honorable at all times on this issue.”

Council members reacted cautiously on Monday, saying they needed more information before deciding if Breton should be reprimanded.

“In the political scheme of things, it’s fairly common practice when raising money to contact people about a contribution,” Mayor Sharon Cody said. “But to use any words that their participation in a bidding process hinges on a contribution, that would be wrong, absolutely wrong.”

Breton compared his solicitations to a political candidate looking for campaign contributions.

“Simply asking that the donation be made doesn’t carry the implication . . . that there will be preferential treatment,” Breton said. “That happens in every single case in which the candidate is soliciting donations.”

But Alexander said the problem lies in the perception of the person being solicited.

“That line of thought carries a dangerous message” to the prospective contributor, she said. “One is if you don’t give a contribution, you won’t have access to the bidding process. Another is that if you do (give a donation), you will have greater access. Government is not supposed to be up for bid like that.”