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Compton
Emerges the Victor in Hub City Disposal Case
City awarded
the more than $22 million it paid to Hub City before contract was terminated
By Allison
Jean Eaton
Bulletin Staff
Writer
The verdict is in, and the city has been awarded the more than
$22 million it paid to a solid waste hauling company owned by a convicted
bribery figure.
The unanimous jury verdict was handed down last Monday after just
three hours of deliberation, according to Gary J., Goodstein, the city’s
legal counsel for the trial.
The case, Hub City Solid Waste Services v. City of Compton, is
one of the biggest civil cases in the city’s history.
Michael Aloyan, owner of Hub City Solid Waste Services Inc., filed
a $20 million lawsuit against the city in October 2004 after the current
city administration terminated the 15-year, no-bid, $100 million contract
with the company that was approved during the Omar Bradley administration.
The city promptly filed a countersuit against Hub City and Aloyan,
waging the contract broke state law. The counterclaim asked the court
to both rule that the Integrated Waste Management Franchise Agreement
was illegal from the get-go and that Hub City owed Compton the money
the city paid the disposal company prior to the agreement’s termination.
“The jury found that the Hub City Franchise Agreement was obtained
in violation of [state] Government Code Section 1090, and as a
consequence was void from inception,” said Goodstein. “The
jury awarded the city $22,402,759.10 on its cross-complaint, jointly
and severally
against Hub City and Mr. Aloyan individually.”
A 2004 independent audit revealed Aloyan on behalf of Hub City
made unreported, and therefore illegal, campaign contributions totaling
more than $100,000 to three of the four Compton city council members
who approved the contract back in 2001.
This allowed the city to terminate the contract as per the Compton
Municipal Code, which states that any contract the city enters into with
an outside contractor is “subject to revocation or suspension for
cause” if the holder “violates any federal or state law.”
California Government Code Section 1090 states that “an officer
or employee may not make a contract in which he or she is financially
interested,” and that “any participation by an officer or
an employee in the process by which such a contract is developed, negotiated
and executed is a violation.”
In May 2002, just over a year after Hub City’s contract with the
city of Compton was approved, Aloyan pleaded guilty in federal court
to partaking in a million-dollar bribe scheme with a number of elected
officials in the city of Carson. According to his testimony, in September
2001 he offered former Carson Councilman Manuel Ontal a $1.5 million
bribe in exchange for Ontal’s vote to award Carson’s solid
waste disposal contract to Hub City. Aloyan even admitted to making a
February 2002 preliminary payment of $10,000 cash on the bribe.
Judge Joanne O’Donnell ruled in July that the contract had been
terminated legally as per the Compton Municipal Code, and in early June
ruled in the first, non-jury phase of the trial that Aloyan and Hub City
could be considered a single entity for purposes of the trial.
The city currently contracts with Waste Management for solid waste
hauling services.
At last week’s city council meeting, just a day after the verdict
was handed down, the mayor said the city will unlikely be able to collect
anything from Hub City and Aloyan before lauding Goodstein and his partner,
Bruce Berman.
“We made an appeal to the jury’s sense of justice and fair
play, and they heard it loud and clear,” said Goodstein at the
meeting. “There
was no doubt in their mind. It only took them three hours, and
most of that was figuring out how much money to award the city.
“We got back every dime the city ever paid to Hub City.”
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