Story just posted online here.
You can see the entire 29-page complaint, filed by former councilman Gregg Wheatland, here: McCormick FPPC complaint
McCormick first heard about the complaint when I asked him about it this morning. In addition to his comments to me, he also sent out this statement later in the day:
I think it interesting that Mr. Wheatland would chose to send a copy of his complaint to all the newspapers just before the election without my leaving me any ability to respond or even consider the matter. It appears that Mr. Wheatland believes in playing dirty politics, by using the press to disseminate nothing more than an unfound allegation, something we have all tried to stay away from in Orinda. (Mr. Wheatland lost his bid for re-election to Steve Glazer in 2004).
I need to review the complaint in detail and wait for the FPPC opinion letter I request sometime ago before I can fully evaluate the matter. For now I can say, I have been advised that my past actions are not prohibited by the FPPC rules. The recommendations by the Planning Process Review Task Force (PPRTF) covered all of Orinda – If council members could not act on items that involve the entire city in which they serve, then no council could ever take any action. Further, the Orinda City Council has not yet taken any action on the PPRTF recommendations; therefore, I have not broken any rules. Some time ago, I was advised that my acting on the Planning Process Review Task Force was not a conflict since it was a committee making a recommendation. Recently, I was advised that before the matter comes to the City Council, which it has not yet, I should seek an opinion from the FPPC of whether my living within 500 feet of the downtown requires me to not participate in council discussions and voting on the matter. I have called the FPPC many times with regard to the issues and have asked for a written opinion from the FPPC – long before Mr. Wheatland filed his complaint and decided to try to impugn me.