DEL MAR — During an emotional discussion, members of the Del Mar Fairgrounds board of directors expressed anger, frustration and distrust toward the Del Mar City Council after the District Attorney’s Office declined the city’s request to investigate a member of the fairgrounds board.
Sam Nejabat, chairman of the board for the 22nd District Agricultural Association, the state-appointed body that oversees operations at the fairgrounds, told his colleagues during Tuesday’s monthly board meeting that he wanted to share the Oct. 1 letter from the district attorney and gauge how other board members felt the 22nd DAA should respond.
Boardmember Mark Arabo, who was — along with state Attorney General Rob Bonta and local real estate agent Brian Guiltinian — a target of Del Mar’s request for a criminal investigation, said he had heard nothing from the city in the nearly two weeks since the district attorney notified Del Mar and the fair board that there would be no investigation.
After Del Mar placed the topic of requesting investigations by the district attorney and U.S. attorney on the agenda for a special City Council meeting Aug. 3, Arabo said he submitted a three-page letter July 31 outlining what he believed were factual errors in the allegations.
Arabo also pointed out that Del Mar’s letter listed his family’s home address, in apparent violation of state law. The city redacted the address only after his attorney demanded it.
“We did not deserve this, what the city of Del Mar did,” he told his colleagues.
During Tuesday’s meeting, Arabo shared a document titled “What the public should know” with his colleagues, which was also provided to The Coast News.
In the document, Arabo highlighted not only that the district attorney found no evidence of criminal behavior, but also that the office could not determine whether a person named Debrah Barnes, whom Del Mar cited as the source of allegations against Bonta, Arabo and Guiltinian, even exists.
In addition, Del Mar never conducted even a basic investigation into Barnes’ allegations before sending the letters.
The Coast News has contacted the U.S. Attorney’s Office for the Southern District of California to determine whether it has responded to Del Mar’s request but has not yet received a response.
Boardmember Frederick Schenk said Del Mar’s actions could chill appointed government officials, given the legal expenses Arabo and his family incurred.
During a spirited discussion, another board member wondered whether the threat of an investigation — warranted or not — could cause volunteer appointees on state boards to change their votes to avoid a similar situation.
“This could have been any of us,” Schenk added.
Another board member said she could not believe Del Mar had failed to perform even basic due diligence to determine whether the letter it relied upon was written by a real person.
Boardmember Donna DeBerry expressed astonishment that the mayor and deputy mayor had spoken during Tuesday’s meeting, again requesting during public comment that the 22nd DAA consider building affordable housing on the fairgrounds to help the city meet its state-mandated low-income housing requirements.
“There can be no moving forward,” DeBerry said, given the present situation. “I don’t understand why the city of Del Mar continues to come here, with no apology.”
Vice Chair Lisa Barkett asked her colleagues, “How do we guarantee that moving forward they act as real partners?”
Boardmember Phil Blair asked whether the fair board could send a letter to the city requesting a retraction and apology. Josh Caplan, a deputy state attorney general who serves as the board’s legal counsel, said such a move would require a public vote by the board and advance public notice.
Nejabat asked whether he could write a letter on behalf of the board as chairman, but other directors said any letter would be more effective if all directors signed it individually.
Caplan then suggested that the board could invite the City Council to attend a future fair board meeting.
Nejabat endorsed the suggestion, saying the healing process needed the City Council to attend the fair board’s November meeting and speak directly with board members in a public setting.
During the next agenda item, a report from the board’s Audit and Governance Committee, DeBerry proposed that the board adopt a policy allowing members to be reimbursed for legal expenses incurred as a result of their service on the board.
Barkett said laws prohibit using taxpayer funds to directly benefit individuals and warned that reimbursing legal fees could result in additional litigation.
DeBerry modified her motion to direct staff to establish a policy allowing legally permitted reimbursement of reasonable attorney fees related to good-faith actions taken as a director.
The board approved the motion.
