Opinion and Commentary By Donna Westfall – March 7, 2026
Executive Director, Galena West – Fair Political Practices Commission (FPPC), State of California
A few months ago, Galena West, was honored at the COGEL Conference in Atlanta for her leadership and service as President of the Council on Governmental Ethics Laws (COGEL). Her work continues to strengthen ethical governance and public trust, both in California and nationwide.
47th Annual COGEL Conference. was held December 7–10, 2025.
What has this got to do with Crescent City?
July 29 2009, Attorney Victoria B. Dickey sent in a two inch thick packet to the Enforcement Division of the FPPC via Federal Express. In that bulky packet of paperwork she was setting forth a complaint about Public Works Director, Jim Barnts being in conflict of interest.
In a response from the FPPC Executive Director, Roman G. Porter dated August 13, 2009, wrote that they closed the file. They found under Government Code Section 81000 the following:
“The Commission found that the complaint and it’s accompanying documents lacked any evidence to substantiate a conflict of interest violation by Mr. Barnts.”
Let’s now fast forward to today and the political climate that has clearly changed. First, President Trump is adamant about dealing with fraud and abuse of taxpayer monies all over our country and in our State. He has sent Vice President, JD Vance as the hammer.
One thing that Attorney Dickey did not have at the time of her submission was a Confidential Memorandum from City Attorney, Thomas C. French dated March 16, 2006 directed to the City Council regarding “Conflict of interest” of Public Works Director, Jim Barnts. This was provided to me by a confidential source.
Attorney French points out, here’s the question, “Is the official making, participating in the making of or using his official position to influence the making of a governmental decision?”
His conclusion was that since Mr. Barnts deals with land use within the COUNTY JURISDICTION, it would make him immune from any exposure to conflict of interest because he worked for the CITY.
Let’s just look at the laws and more specifically the 2 mile rule.
Conflict of interest laws regarding land use in California have been in place for roughly 50 years, primarily stemming from the Political Reform Act of 1974. This act established the foundational rules prohibiting public officials from making, participating in, or influencing governmental decisions that have a material financial effect on their economic interests, including property within their jurisdiction or within 2 miles of it.
The city border ends at Washington and Northcrest. One of the anonymous complaints to the FPPC in Attorney Dickey’s packet has this: “He (Mr. Barnts) benefited personally because he came up with the scheme to raise all rate payers rates while not addressing the increase in sewer connection fees to developers – and he is a major developer in this town. See Grand Jury Report June 20, 2009. This report doesn’t begin to describe the amount of misrepresentations and omissions Jim Barnts told us. The Grand Jurors are looking for a scapegoat and are minimizing what transpired in our town and continues to transpire. There were about 200 people attending workshops between Sept ’07 and Nov 5, ’07. Most of our complaints fell on deaf ears. When we asked Jim Barnts if he had a conflict of interest since he’s developing a sub-division within 2 miles of City limits, he said, ‘No’.”
Public trust was at an all time low.
We found out there was only 1 bid for the WWTP that was presented to the City Council. They didn’t question anything. In my opinion, they were influenced by Jim Barnts to accept the one and only bid.
When I sat on the City Council 2008- 2012, I would complain about many things involving Barnts, Wahlund, Stover, Mike Young and Eli Naffah about change orders and would question invoices that looked like overcharging, but my fellow council members did not want to investigate. The vote was always 4-1 to pay those invoices while I believed and believe to this day that the taxpayers and ratepayers were being defrauded. The 4 other council members were Dennis Burns, Kelly Schellong (now Feola), Charles Slert and Kathryn Murray.
Then the City Council under the direction of and in my opinion “crooked” City Attorney, Bob Black, put forth a Code of Ethics that in Kelly Schellong’s (now Kelly Feola) words would be a “gentle reminder”. In reality it was used as a tool to shut me up and shut me down by removing me from all committees, not allowing me to talk to any contractors or sub-contractors on the job, and not allowing me to put anything on the agenda about the WWTP.
Nevertheless, people that worked for the city or outside the area but connected to the work would still come and talk to me. And sure enough, those people were fired. Joei Sanchez, the Finance Director was fired. A WWTP employee was fired. Some fought back and won their lawsuits. Some decided not to fight back because of the fear of retaliation.
I was aware that water readings were falsified on the WWTP. That project budgets were inflated. That toxic materials and toxic waste and pipes were used or moved or buried illegally. I was aware that Jim Barnts could be abusive.
Years passed and lo and behold, we now have a President that wants to rid our country of all the fraud and corruption. Let’s face it, California is rife with corruption including our small town.
To conclude, these are the questions that need answers:
How many different companies, partnerships, LLC’s LP’s did Jim Barnts have? Does he have shell corporations? Does he have off shore accounts?
Did any of his Form 700’s submitted to the FPPC over the years detail all of his holdings?
How much land has he developed in the last 20+ years? How many houses and apartment buildings does he own?
What was his net worth when he accepted the position of Public Works Director for the City? And, then he went to the County as an Engineer. Still required to file Form 700’s to the FPPC. What is his net worth today?
Why even bring it up when the Statute of Limitations has in all likelihood passed?
Because City Manager, Eric Wier, presented to the City Council Monday night, March 2nd, about needing around $50 million to fix up the WWTP. That now re-opens the door to previous wrongs.
Did you know that a rigged bid is a violation of State and Federal Laws. Did you know that a few years ago a WWTP supervisor (outside our area) was sentenced to three months in Federal Prison for violating the Clean Water Act? He pled guilty to falsifying water tests to meet federal requirements.
Did you ever hear of spoliation of evidence? Boils down to the destruction, alteration or failure to preserve evidence necessary for existing or anticipated litigation. Was evidence destroyed? Absolutely!
As a new complaint is submitted to the FPPC we’ll see whether or not ethical governance and public trust will prevail.
Copies of the complaint to the FPPC will also be sent to Vice President JD Vance, Nick Shirley, social media influencer, all council members and some investigative reporters.
What are some possible out comes?
Restitution?
Prison time?
Public Service?
A local government we can trust?
Or absolutely nothing will change and everything will continue to go on as always.
We’ll see.
