Del Mar councilmember Don Mosier’s attempt to recover costs from a sewer-backup accident led to a lot of bureaucratic crap.

For virus expert Don Mosier, who also serves as a city father of beachy Del Mar, it was a smelly, if not costly circumstance. “A sewer back-up on May 25, 2014 in the City of Del Mar affected residential property wholly owned by Councilmember Mosier,” recounts a September 24 letter from the state’s Fair Political Practices Commission to Del Mar city attorney Leslie Devaney. “Mr. Mosier owns a cottage on the property and has a tenant who lives and conducts his business from the cottage.”

The letter continues: “City staff analyzed the Councilmember’s claim and concluded that $18,182.21 is an appropriate amount of reimbursement for repair costs to his property. However, under the City’s municipal code, the City Manager may only approve settlements of $2,500 or less.” As a result, “The reimbursement for Councilmember Mosier’s claim and associated settlement and release of claims must be approved by the City Council.” The question before the state watchdog agency was whether by submitting a claim for damages Mosier was illegally “influencing” a city decision.

After ten pages of deliberation, the state gave its approval for Mosier, a professor at Scripps Research Institute, to seek recompense. “The City Council may act on Councilmember Mosier’s claim for property damage caused by the City’s sewer system, but as discussed above, the Councilmember must disqualify himself from participating in this decision in his official capacity.”