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Mayor promises to answer charges of violating state reporting laws

ENCINITAS — Cardiff resident Andrew Audet called for Mayor Dan Dalager’s resignation during the City Council meeting Aug. 25. He referred to the Dalager’s receipt of kitchen appliances at a discount from Aztec Appliance in excess of legal limits and failure to disclose the gifts.
Audet rhetorically asked how residents can trust their city officials’ actions are transparent. “As taxpayers, we deserve an honest and open government,” he said.
Dalager thanked Audet for his concern and told the audience that he had asked City Attorney Glenn Sabine to facilitate a conversation between himself and the state’s Fair Political Practices Commission. He said that if he “goofed up” in any way then he will fix it.
“I do not believe at any time that I did anything wrong,” Dalager read from a prepared statement in response. “I never tried to hide anything. However, I’m well aware that in this business appearance is everything.”
The allegations of wrongdoing stem from a recent article in the Union Tribune that linked Dalager with Aztec Appliance owner Matthew Gordon, who owns a home on Neptune Avenue and built an unapproved rock wall that encroached on the public right-of-way.
After receiving several notices, Gordon contested the violation for more than two years, culminating in an unsuccessful appeal to City Council in February of this year in which Dalager and Councilwoman Teresa Barth voted in favor of Gordon’s appeal.
In October 2009, Gordon sold Dalager a cook top range, an oven and duct cover for $150. Dalager said the price was set by the store. He also received a microwave.
Gordon said the appliances had no value to him because they were damaged or returned. Dalager claims to have done nothing wrong in determining “fair market value” of the items. However, state law clearly states that the elected official is not the person to make that judgment.
State law prohibits elected officials from accepting any gift or combination of gifts from the same source in excess of $420 in any one calendar year. Dalager did not report the appliance gifts in 2009, on state-required 770 disclosure forms.
Jerry Peters, a local resident, said that he didn’t understand why the gifts were not disclosed on the state form required of elected officials by the state. “I think if there is any truth to the allegations, then the mayor should resign,” he said.
Dalager said in a voice message that he was on his way to speak to the FPPC on Aug. 31. “I gotta tell you, I don’t think I did anything wrong,” he said. “Nobody turned me in, I’m turning myself in talking to them.”
He said he was hopeful the commission could make a determination sooner rather than later. “Unfortunately around election time it seems there are 4,000 of them (complaints) around this time,” he said, adding, “of course, that has to do with the election.”
“If anybody had a problem with this (appliance transaction) they could have said something a year ago, but people don’t,” Dalager said.


commonman October 9, 2010 at 9:31 am

Why does Gaspar want to silence free speech and community involvment in government? Gaspar told the UT she won’t pander to community activists. Well, without community activists there would be no USA- George Washington, Ben Franklin,Thomas JEfferson, Patrick Henry- Give me liberty or give me death! Without activists there would be no womans rights, ro civil rights- what does Gaspar have against Ghandi, Rosa Parks, Susan B Anthony?

IF you want a say at city hall, vote for Barth adn Kranz- they welcome public partipcation.

Dave Dempster October 7, 2010 at 8:13 am

A bunch of BS from faceless bloggers,most likely T. Barth

Encinitas - Runner September 7, 2010 at 8:08 pm

We don’t need questionable characters running this wonderful town. When need leadership that we can trust with upstanding, solid character and integrity. Without our trust you are nothing and you lost that from my household. Mr. Mayor (Dan) it is time for you to go. What else have you done? This makes me wonder?

fiscalconervative September 4, 2010 at 6:56 pm

We can’t trust Dalager. In my America there are laws. Disclosure laws are to protect the citizens. Dalager violated those laws. Every Vote he has made is under a cloud of suspect, i he says he did not take gifts from ohers with business before the Council why should we believe him?

That is why we have laws. Dalager broke the law, he did not file, he did not reprot, he did not disclose- ……you know why people ‘don’t disclose’ because the have everythign to hide.

On record September 3, 2010 at 11:44 am

To the last poster, America.
As long as the video recorded council meeting is changed or his records of gifts is changed to include these items in question, then there is no problem.
As it is now, Dalager has lost the trust of the community.
I do not see how he can un ring that bell.

American 1 September 2, 2010 at 4:06 pm

In my America a person is innocent until proven guilty. The bloggers here belong in a Salem witch hunt, not modern day America! Shame on you!

OCB September 1, 2010 at 1:50 pm

Well, leave it the mayor to disinform the public, I just spoke with the Calif FPPC and they have not heard from Dalager, they did say they have received 4 Citizens Complaints and are preparing a case. If anyone sees Blago Babky Duke Dan Dalger ‘running’ around out there, be careful, his pants might be on fire!

realencinitas September 1, 2010 at 12:12 pm

I support Teresa Barth and Toney Kranz. I have met them both on a number of occasions, and they have listened to my concerns as an individual Encinitas citizen. They are interested in what residents have to say, and would see their role as representatives of the will of the people while operating in an environment of openess. If you are looking for a voice in City Hall, and not a continuation of members beholden to the developers, vote Teresa and Tony.

OCB September 1, 2010 at 12:07 pm

Dalager was running to meet the FPPC? Dalager is hoping he can sweep this under the rug and keep the public blind to his atrocius behavior before the public which just learned about his disgraceful dishonesty 6 days ago can file complaints- he is sadly mistaken. He has disgraced Encinitas and can not be trusted.

OCB September 1, 2010 at 11:59 am

Dalager mus resign! Gordon said Dalager set the price. As of today, 9/1 more than 4 Citizens complaints have been filed, or in are in the process of being filed, with the FPPC. Dalager attempts to use the media to misinform the public,why? saying he ‘turned himself in’ the news broke teh story, does Dalager really have that little regard for teh intelligence of teh public? so what did he turn himself in for? Dalager implies it is because of the Election- he is childlike, he is an 8 year old caught with his hand in the cookie jar, he thinks he is above the law. He is arrogant and drunk with his power. This is not about the election, this is about Dalager’s lack of honesty, openess, transparency, and charachter- Facts- Dalger took discounts of 90%, accepted a free microwave, failed to disclose, failed to file form 700 SEI conflict, voted in the mans favor. Dalager does not dispute these facts!! – this is what we know, what we don’t know is Did Dalager get other appliances? Did Dalager get other gifts from others? Are there other things Dalager has failed to report? Did Dalager takes gifts and discoutns from others with business before the City? Has Dalager failed to report or disclose other gifts on his state forms? Why did it take the news story before Dalager turned himself in? Did he receive otehrs applaicnes from Gordon, a flat screen tv, a refridgeerator, a stero? These are all questions the public needs to know, and that Dalger can not answer-Dalager can not answer because Dalager has proven he can not be trusted, Dalager can not be trusted, because of his factual, proven, behavior. Common sense, ethics, right from wrong- the readers know the truth Dalager must resign.

92024 September 1, 2010 at 10:52 am

As a resident of Encinitas since 1971 Dalager USED to be a nice man. Now he is an embarrassment.

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