A Capitola (N. Calif.) council member who dialed 911 and demanded a ride for an intoxicated friend did violate the state’s government code, the county district attorney has ruled, and owes the city $139.98 for the ride plus a fine. Kirby Nicol told the dispatcher he was “Mayor Nicol” last month, when in fact he left office last year. He said a friend had visited his home and was now too intoxicated to drive home to an adjacent city. Someone leaked the logging tape to local media, creating criticism from the police department. The district attorney said Nicol violated the government code section related to using a public resource for personal use, punishable by a $1,000 fine. DA Bob Lee said Nicol should also pay three times the cost of the ride a patrol officer gave his friend. Nicol apologized immediately, and said he agreed with the DA’s disposition.
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