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Ex-city official pleads guilty in CA conflict case

By AP  | July 15, 2011

LOS ANGELES (AP) — A former official for the city of Vernon was sentenced Friday to probation and 200 hours of community service after he pleaded guilty to a conflict-of-interest charge that involved arranging a contract for his wife to work for the small industrial suburb of Los Angeles.

Donal O'Callaghan, 55, became the second Vernon administrator to be sentenced this year on misconduct charges.

O'Callaghan entered his plea to the single felony count that carries a maximum three-year prison term, and was immediately sentenced by Superior Court Judge Craig Veals.

The charge involved his work in 2009 as director of Vernon's Light and Power Department, when he arranged a contract for his wife to work as an independent contractor. That job lasted only a few months.

Prosecutors previously contended O'Callaghan was improperly involved in obtaining a $40-an-hour city job for his wife, Kimberly McBride, in 2007 that lasted for a year. That conflict-of-interest allegation was among two felony charges that were dropped.

McBride was not charged and no longer works for the city.

Conflict-of-interest laws prohibit public officials from participating in decisions that could give them a personal financial gain.

Defense attorney Mark Werksman said his client, a citizen of Ireland who was working legally in the U.S., was unaware that he violated the law and did not receive any ethics training while he worked for Vernon.

In addition, the City Council and city attorney were aware that McBride was O'Callaghan's wife and that she was being hired, the lawyer said.

"The leniency of the sentence reflects Donal's violation was a mere technicality," Werksman said outside court. "The ignorance of law is not a defense."

O'Callaghan was eventually promoted to Vernon's city administrator post and made about $380,000 a year. He resigned in October just before he was indicted. He had 18 months left on his contract.

O'Callaghan, who is unemployed, could face deportation following an immigration hearing.

Werksman said the charges against his client were due to the public furor leveled at small cities south of downtown Los Angeles where corruption allegations have surfaced.

In nearby Bell, a city of about 40,000, the former city manager and seven other current and former city officials face charges of misappropriating public funds.

In May, former Vernon city administrator Bruce Malkenhorst pleaded guilty to misappropriating public funds between 2000 and 2005 and was sentenced to three years' probation, fined $10,000 and ordered to repay $60,000 to Vernon.

Prosecutors said he used that money for his own personal use, including massages, golf outings and a personal trainer.

Before retiring six years ago, Malkenhorst's salary of more than $600,000 made him one of the highest paid city officials in California.

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