Irvine’s New Anti-Nepotism Policy Passes: #WeAreIrvine #ExceptForPhyllisAgran

Irvine's Tammy Kim
Irvine’s Tammy Kim

The city of Irvine had a nepotism problem once  — more than 20 years ago when it was revealed that then Mayor Christina Shea had a daughter on the city payroll as a council aide, with the permission of the city manager at the time.  That’s an entirely different story than the new policy passed last week amending the City’s anti-nepotism policy and removing Dr. Phyllis Agran from the city’s Children, Youth and Family Advisory Committee — an unpaid volunteer position.

Council member Tammy Kim boasted of this move calling it a victory for transparency and accountability.  But it’s not.  It’s petty. vindictive and reeks of ageism.  Dr. Agran is a pediatrician and also teaches at UC Irvine’s school of medicine. Council member Kim will be hard-pressed to find anyone in this city more competent, qualified and trained on issues of children and families.

What Kim’s measure really does is deny the choice of a council member of the person who wishes to serve the city in an UNPAID capacity the right to do so.

Ajay Mohan is the executive director of the Democratic Party of Orange County and he serves at the pleasure of the Party Chair and the Central Committee who votes on his hire and compensation.  He does an excellent job.  He also serves as Kim’s finance commissioner — a role which he has exactly zero experience in finance at a level of city government.  A campaign is one thing; a city budget is quite another.

Mohan’s LinkedIn profile has several positions — all relating to political campaigns.  Did Kim appoint Mohan for his political work and campaign connections?  He did raise money for 2020’s “Team Irvine” which Kim benefitted.  Was he appointed as a political payback for those funds raised or because he would be an experienced and effective finance commissioner — a role in which the city compensates him?  Transparency and accountability and all that?  Tell me you reward political favors without telling me.

I like Ajay for his work on the DPOC and his work on political campaigns of candidates I support.  But if we’re talking about appointing well qualified people in key committees and commissions — especially ones who are volunteers —  this is political nepotism.

On her city council Facebook page, Kim is getting savaged:

Kathleen Vogel

Totally disagree with you and I wonder if it your lack of experience as I have been an Irvine resident 45 years and it was never needed before; An unpaid position is a volunteer and anyone should be able to do so in the city.

Jeremy Ficarola

You are really really disappointing. We all know this ordinance is not about solving a nepotism problem in Irvine. It’s an obvious attack on your political opponent’s family member. And why you choose to treat him as your political opponent is beyond me. And I still can’t get over how often you use the Rule of 2 as a sword and not a shield in order to undermine a fellow council member. I think you can be better than this.

Melisa Masri

Lol. Way to put a huuiuge effort into getting rid of child’s advocate with advanced degrees and many great accomplishments helping children. You must be sooo proud! https://www.choc.org/…/gastroenterology/phyllis-agran-md/ She is unpaid, highly educated, altruistic….and must. be. stopped. Yay, Tammy to the rescue!! Anti– children’s advocates since 4/12/2022. Mark your calendars!!!

OC Sharona

Dr.Agran has decades worth of experience in pediatrics, has also advocated for pediatric causes, care and prevention for decades. This is a volunteer position in which she is not compensated so attacking her was petty. She’s been voted the best pediatric gastroenterologist in OC year after year for decades and the majority on the council showed just how petty and how little they care about the welfare of the constituents by attacking a great physician and a colleagues wife!
The issue boiled over to the Irvine Watchdog page:

Fran Bakst

Tammy Kim you and your corrupt cronies are disgusting.
Going after Larry Agran and now his wife!!! You have so much immaturity. Do you think you have the best interest of Irvine residents!!! NO YOU DON’T!!!
How do how look in mirror!!
Reap what you sow!!!
Did you even listen or read what Nepotism is?? Dr Agran is the most qualified person in Irvine.. she is a volunteer!!!!

Davida Gregory

The city lost a qualified voice with the removal of Dr. Agran. Her years of medical training and practice added an informed voice to our city committee. The losers here are the citizens of Irvine.

Jeremy Ficarola

Tammy Kim, I don’t think people have a problem with an anti-nepotism ordinance. This one seems a bit broad (to include non-paid, volunteer committee positions) but that’s definitely a point for debate. Also, to my knowledge, we have never had a nepotism problem in Irvine. Curiously, your solution to a non-existent problem in Irvine happens to directly attack, and only impact, one other council member. Do you honestly think this was a political “win” for you? I can’t tell you how many local fellow Democrats that previously supported you and Khan have flipped because it’s clear you both have political ambitions beyond Irvine City Hall. You guys are so transparent and it’s harming Irvine. So you want to prevent future nepotism from taking place. Yet, you are silent about the anti-democratic “rule of two” agenda setting policy. How do you explain this?

Susan Sayre

Oh Tammy! It appears that you have little understanding of just how much you have participated in destroying Irvine’s Democratic process as it no longer can be counted on to encourage public participation nor represent the concerns , interests and welfare of Irvine residents.
Oh yes, I chimed in too:

Dan Chmielewski

It was petty. Shame on you. An unpaid position no less. It’s worse because you steal his ideas for your own without ever giving him a second. City health agency ring a bell? If you acted on it when he proposed it and needed a second, we’d have been ready for Delta and Omicron. Instead you wasted all that time. If you had any shame at all, you’d resign because it’s clear this job is way over your head. I regret every dollar I gave to your campaign.

Heather Krause Kelsen

I am giving you all the benefit of the doubt in assuming you each must have had a very very good reason for specifically wanting Dr. Agran removed (aside from being related to a council member), otherwise you would have grandfathered her in. I wish you all would have shared your individual detail reasons, for not doing so has made you all look extremely petty. SMH.

Channa Samynathan

Tammy Kim especially in this time and day, we need strong women leaders. Not weak and petty fools! Please step off, the dius! You did not help combat so called nepotism. You further weakened a city.

Naz Hamid

Regarding the rule of nepotism- I serve with Dr. Agran on ICYFAC and she’s great. That’s not the debate. Honestly, this policy is solid and it has been adopted by other cities in OC. It prevents any member of city council from appointing or employing relatives to any city position. Kuo, Khan, Kim, and Carroll are equally bound to following this rule. I’m happy about that. Plus Councilmember Agran knows a ton of people in the city; he shouldn’t have trouble with finding another qualified person for this role on the advisory committee. I feel our city council passed a good and timeless rule.
Disclosure: I am Kim’s appointee to the community services commission. We have not discussed this policy. The first time I heard about it was at the city council meeting.

Channa Samynathan

Naz Hamid The foolish four are bound by it and you are happy with it? What does that even mean Naz? Isn’t that by definition how laws work, that we all are bound to them? We had a very qualified person assigned, there was no problems or issues with that person. Only 3 other cities in OC have this rule. We always want qualified people serving in these roles. Since you were assigned by Kim, how did you apply for your position and were there other candidates you had to compete with or how did your name get in front of the Councilmember for you to be given this position?

Richard Green

Admin
I respect the different perspectives posted here, but I cannot agree that this policy was made with objectivity. Most people that know of the pettiness and personal acrimony between members of this council understand that is what motivated this cynical, retroactive, and politically motivated action.
Is it reasonable to assume a council majority that just voted to reduce transparency, limit public input, and restrict free speech really care about nepotism?
This was an obvious political hit job against Agran by attacking his family. Petty, dirty politics plain and simple. It is sad to see people in positions where they could do good, instead choose the dark side and use their power to score cheap political points, continue personal vendetta’s and to further divide our community and erode public confidence in local government.

Joshua Moore

If you’re really concerned about this, Tammy Kim, perhaps you should make the commissioners directly elected positions. After all, it’s not as though a commissioner in the current system is anything other than a mouthpiece who serves at the pleasure of a councilmember. If you truly want to bring different perspectives to the table and allow Irvinites the opportunity to serve, then take yourselves out of the equation entirely.
Because it’s unclear to us that this issue is actually of interest to you or the councilmembers who voted for your ordinance.

Richard Green

Admin
Did you know of the 64 cities in Orange County only five have an anti-nepotism policy and until recently only two (3%) extended that to include volunteers on city committees?
There are reasons for that. (1) There is no legal definition of nepotism found in California statues. (2) Black’s Law Dictionary defines “nepotism” as “The bestowal of personal favoritism, on one’s relatives, especially in hiring and in unfairly giving the best jobs to member’s of one’s family when one is in a position of power.”
This definition is the one most commonly used, but it requires an employment or compensation nexus. That nexus does not exist in non-paid volunteer positions. Extending a nepotism policy beyond the commonly used definition runs counter to the overwhelming legal interpretation of “nepotism.”
Without sound legal basis or relevant precedents, the decision to deny a volunteer the opportunity to serve the city based strictly on a familiar relationship seems like a possible cause of action.
The recent action taken by the Irvine City Council to target Dr. Phyllis Agran is not just dirty politics, but it is highly unusual and may not be on sound legal footing. This ill-advised act, papered over by the City Attorney, could be subject to legal challenge.
If we’re going to amend the city’s nepotism policy, it’s time for the city council to hold candidates for commissions and committees to a higher standard.  Let’s see resumes and experience that match the job.  This way, we’d avoid bozos like Mike Carroll chairing the OCPA and him appointing his buddy Brian Probolsky — someone with no college degree, no energy experience, no CEO experience — to a huge paying job running an organization that can’t seem to communicate the switch by businesses to OCPA from SCE in a timely manner.  I have to wonder if OCPA is paying for Probolsky’s college tuition at Brandman University as he pursues his B.S. because if taxpayers are — it is BS.
Remember, #WeAreIrvineExceptForPhyllisAgran.  If Kim were honest, the hashtag would be #IHateLarryAgranExceptForHisIdeasThatISteal.

2 Comments

  1. Just for clarity, the name is above the commenter’s comment. For example, my comment (a bit childish perhaps and I don’t want it misunderstood to be someone’s who wrote a more eloquent comment) looks like this:
    Melisa Masri

    Lol. Way to put a huuiuge effort into getting rid of child’s advocate with advanced degrees and many great accomplishments helping children. You must be sooo proud! https://www.choc.org/…/gastroenterology/phyllis-agran-md/ She is unpaid, highly educated, altruistic….and must. be. stopped. Yay, Tammy to the rescue!! Anti– children’s advocates since 4/12/2022. Mark your calendars!!!

    • I added lots more spaces; the problem stems from when you view the post on a mobile device. Also, the comment attributed to Beth Krom wasn’t her and I have removed it

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