Emails Trail Ewell to Santa Monica

By Olin Ericksen
Staff Writer

March 29 -- As much as the new City Manager, Lamont Ewell, wants to settle into the day-to-day business of running Santa Monica, a voice echoing in the distant San Diego press keeps haunting him.

The voice is that of Michael Aguirre, San Diego’s City Attorney, whose public battles with the former city manager have been the fodder of news article for several years.

Shortly after Ewell became San Diego’s City Manager in 2004, Aguirre began criticizing him and at least two San Diego City Council members for their handling of the City’s well-documented billion-dollar-plus shortfall in pension funds, as well as the scandal’s subsequent investigation Ewell helped steer.

Ewell -- who was originally hired in 2001 as the Assistant City Manager in part to help sort out the pension fiasco that had been building for nearly a decade -- has publicly defended himself against Aguirre’s allegations.

Now, with his move to Santa Monica, Ewell is trying a different approach to put the issue to rest: silence.

The effort to turn the other cheek, though, may become harder when Aguirre trains a spotlight on Ewell’s former practices as San Diego’s City Manager, taking his public sparring match to a new level.

Over the next two months, Aguirre plans to selectively release some of the nearly 9,000 emails sifted from Ewell’s computer and other San Diego City computers Ewell used. The emails were reportedly “permanently erased,” until they were found last week.

An independent review of the City’s document retention policy was subsequently launched, and Ewell issued a public statement acknowledging that he had deleted some emails that were personal or privileged, after seeking legal advice, but that copies of those emails were available in another server.

Emails from Ewell’s last six weeks in office have also not been retrieved yet.

“Emails on my computer were subsequently deleted due to the sensitivity of personnel matters and discussions with attorneys conducting City business,” Ewell wrote in a statement released in early March. “This was done to preclude unauthorized persons from viewing them.”

“The main server, where this information resides, would be held permanently in what is known as the ‘Manager’s Post Office Account,’” Ewell wrote. “As far as I know, only Data Processing Corporation has access to this server, which to the best of my knowledge cannot be destroyed by anyone else.”

That statement remains the only public comment to date that Ewell has made regarding Aguirre’s accusations since taking his Santa Monica post in December 2005.

Ewell retired as San Diego city manager on November 28, after staying on an extra year to help coordinate the city’s role in the pension scandal investigation.

Still, Aguirre – who Ewell referred to as the “Anti-Christ” in one email published last week – has said he is moving forward with his investigation.

“We’re separating the emails into two piles: one to be released to the public and one that may provide evidence in any possible criminal investigation,” Aguirre told The Lookout. He added that some emails that have privileged information may also be held back.

Santa Monica’s public spokesperson, Judy Franz, said Ewell would not comment on the situation.

When asked if Aguirre is building a criminal case against Ewell, Aguirre offered no comment. He also refused to answer whether he had any proof the Ewell acted improperly or illegally.

When asked what type of charges could be brought against Ewell and other council members, Aguirre said he does not “want to speculate on that at this time.”

As more emails are reviewed and released by his office, Aguirre said he will make sure to make public the findings of his investigation.

The emails – first discovered missing after the San Diego Tribune asked for their release – are now under investigation by Aguirre to determine whether Ewell and San Diego City council members allegedly kept open an “underground communication system” with private consultants hired to independently investigate the city's financial practices.

When Aguirre released the first batch of emails last week – about 100 pages – Ewell refused to comment on the matter, though both San Diego Council members mentioned in Aguirre’s investigation rebuffed the allegations as an attempt to discredit consultants hired by the city to investigate San Diego’s well-documented financial woes.

A consultant with the New York-based risk management firm hired by the City, Kroll Inc., defended his company’s contract drafted under Ewell and said the city manager has been cooperative in the investigation by Kroll Inc., according to reports.

Aguirre has publicly disagreed with Ewell and the San Diego council’s decision to pay escalating fees to Kroll Inc. without a deadline for the investigation.

Despite the well-publicized animosity between the two men, Aguirre said the investigation is nothing personal.

“There are no personal attacks here, our personalities have nothing to do” with the investigation of the emails, Aguirre said.