A Long, Painful Drama

The reason for Mayor Filner’s failure to resign is obvious in today’s request for the taxpayers to pick up his legal defense.

In office he has negotiating power to get a better deal on Sunroad and unwanted sexual advances, plus taxpayer paid legal. There is no advantage to resign, except to the reputation of the city and to the taxpayers, he will resign only when the pain outweighs the benefits.

For Filner, there is only the continuing bad publicity that is a problem, and that is well outweighed by his upside in staying in office if he can get taxpayer legal support, and even taxpayer payment of damages.

I have no idea if there is any legal requirement for him to be represented by taxpayer-paid defense – that depends on the wording of the existing city law, and if that is not addressed, on precedent and case law.

And all of that may well depend upon whether his actions can be construed as happening as a result of his office. As a stretch he could argue that if it were not for his office, he would not have had access to the offended women – but stretching law is what lawyers do.

San Diego City has already failed the taxpayers by having no city law permitting the forcing of a Mayor to resign if convicted, so I guess the city laws are pretty lame.

It is starting to look like this will be a long, painful drama.



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