Marin supervisor faces criticism over vote recusals

A number of Point Reyes Station residents are unhappy about recent decisions by Supervisor Dennis Rodoni to recuse himself from key votes on issues facing the town.

They are calling on Rodoni to seek a waiver or exemption from the Fair Political Practices Commission so he can represent their interests when important votes are taken.

However, Rodoni says he does not want to request a “blanket waiver, as each project has specific circumstances involved.”

“I prefer to approach future recusals as they arise,” he said.

Rodoni added that “asking for a blanket waiver could result in the FPPC recommending that he recuse himself on all cases out of an abundance of caution.”

The first recusal that prompted criticism was from a Board of Supervisors vote last August. It approved the expansion of a 215-square-foot cashier’s stand in a historic building in Point Reyes Station into a much larger convenience store.

The Planning Commission had approved the project on a 5-1 vote, but it specified nine conditions, including that the commercial component of the project should not exceed 15% of the structure’s floor area.

The property owner appealed to the Board of Supervisors, which voted 4-0 to approve the project without determining how large the market could be. The project also included five new apartments, including two deed-restricted apartments for people earning 50% to 80% of the area median income.

“I would say 95% of Dennis’ constituents in West Marin, not just those in Point Reyes Station, were against the gas station expansion,” said Pamela Bridges, one of those urging Rodoni to rethink his position.

Another Point Reyes Station resident, Mara Nelson, wrote in an email, “The gas station was an enormous project that will radically change the downtown and increase congestion and things we can’t imagine yet.”

“Many people here voted for Rodoni as he promoted his localness, his care and knowledge of our town and area, and yet, when big issues have come up, he has recused himself,” Nelson added. “This has left us with no representation at the county level and we need better.”

Rodoni says he recused himself because because he owns “a portion of a family home located within 500 feet of the site.”

He also said his decision was based on guidance from the Fair Political Practices Commission and the Marin County Counsel’s Office.

“I was required to step back from the process, a standard practice for any elected official to avoid even the appearance of a conflict of interest,” he said.

Rodoni holds a partial ownership interest in a family rental property at 155 Third St. Laura Arndt, another Point Reyes Station resident urging Rodoni to seek a waiver, said that since the state commission typically uses 500 feet as the basis for recusals, Rodoni will likely have to recuse himself from every new issue facing the town.

On June 10, Rodoni recused himself from a preliminary vote by the Board of Supervisors to purchase a small lot in Point Reyes Station, known as the “calf lot,” to provide emergency housing for people being evicted from ranches in the Point Reyes National Seashore and other substandard housing.

At that meeting, members of a 10-family homeowners association adjacent to the property said there were a number of unknowns that should be addressed before the sale is approved. They included: the number of people who would live at the site; the plans for septic and water; whether an environmental study would be conducted because of sensitive habitats nearby; where residents would park; and whether the housing would be temporary or permanent.

“I elected to recuse myself out of an abundance of caution, as my family property is near the property the board was considering for purchase,” Rodoni said. “Affordable housing is direly needed in West Marin, and I wanted to ensure the process was legally sound, transparent and that the actions could not be challenged on these grounds.”

In certain instances, the FPPC will require officials to recuse themselves from decisions if they own property within 1,000 feet of a site at issue.

“I have to believe that Dennis did not want to participate in these decisions because he didn’t make a full-throated appeal on them,” said Christina Desser, a former county planning commissioner.

Desser resigned weeks before the end of her second term in December, citing a vote of no confidence from Rodoni. She said Rodoni became angry with her after she noted his recusal while testifying during an appeal of the convenience store decision to the California Coastal Commission.

“I said, ‘Dennis, that is just what happened,'” she said. “He sort of wants to have it both ways.”

In May, prior to the second recusal, Bridges and four other Point Reyes Station residents sent an email to Rodoni urging him “to take formal action to request a waiver from the Fair Political Practices Commission.”

“When strict application of recusal rules denies a community its only local voice, the law provides tools — such as a waiver or an official opinion letter supporting a waiver — to resolve the issue in a way that upholds both ethics and democratic representation,” the email said.

Those lobbying Rodoni have made a couple of concrete suggestions. One is that he consider placing his ownership interest in the property at 155 Third St. in a blind trust.

Rodoni rejects this idea.

“A blind trust works well if the elected person owning the trust is not involved in the day-to-day activity, not knowing what is being bought and sold,” he wrote. “In my case, this option does not work as I know the property is in trust.“

The other suggestion is that Rodoni seek what is known as a “public generally” exception. Under FPPC regulation 18703, a public official is not disqualified from a decision if the effect on the official’s interests is indistinguishable from the effect on the public.

According to the rule, the interests are indistinguishable if the “official establishes that a significant segment of the public is affected and the effect on his or her financial interest is not unique compared to the effect on the significant segment.”

Rodoni did not respond to a request for comment on this suggestion.