OCEA General Manager Nick Berardino sent this letter to the OC Board of Supervisors today:

October 6, 2008

Supervisor John M.W. Moorlach, Chair
Board of Supervisors, County of Orange
10 Civic Center Plaza, 5th Floor
Santa Ana, CA  92701

Dear Supervisor Moorlach:

The Orange County Employees Association hereby requests that the Board of Supervisors postpone consideration of the appointment of Thomas Flanigan to the OCERS Board of Retirement until such time as a thorough investigation of Mr. Flanigan's current business interests can be conducted.

OCEA is informed and believes that Mr. Flanigan has, and has had for some time, an employment or other similar relationship with Ryan Labs Asset Management, which specializes in managing fixed income investment portfolios. If OCEA's belief is correct, Mr. Flanigan's appointment to the OCERS Board of Retirement could trigger a violation of Government Code Section 31528, which specifically prohibits Board members from engaging in various activities that constitute conflicts of interest. A copy of Assembly Bill 246 (Torrico) which contains the relevant statutory language is attached.

Thank you for your consideration and please call me if you have any questions.
 
Sincerely,
 

ORANGE COUNTY EMPLOYEES ASSOCIATION
 

Nick Berardino
General Manager

 
Copy to:           Janet Nguyen, First District Supervisor
                        Bill Campbell, Third District Supervisor
                        Chris Norby, Fourth District Supervisor
                        Patricia Bates, Fifth District Supervisor
                        Tom Mauk, County Executive Officer

I called Ryan Labs Asset Management a minute ago and asked for Mr. Flanigan. I was told "he's not in the office today." I asked if Flanigan worked for Ryan Labs, and was told he did. I then asked if he was an employee or a contractor, and was told they "couldn't give out that kind of information."

UPDATE (10:30 a.m.): I heard from Mario Mainero, Sup. John Moolrach's chief of staff:

"Mr. Flanigan says that he is not, and never has been, employed by Ryan Labs. I just spoke with Sean McShea, President of Ryan Labs. He confirmed that Mr. Flanigan is not now, and never has been, employed by Ryan Labs Asset Management, and is not now, and never has been, under any contractual or any other kind of relationship with Ryan Labs Asset Management."

I'll be getting in touch with Mr. McShea shortly.

UPDATE (12:31 p.m.): I sent an e-mail to Mr. Flanigan at the address provided to me by Ryan Labs, and left a voice mail for Ryan Labs President Sean McShea.

I'll keep you posted when i hear back from either of them.