Item 44 of the agenda is the following:
Direct County Executive Officer to conduct an investigation of alleged improprieties in the Public Administrator/Public Guardian office; approve agreement with Colantuono & Levin, PC for professional legal services for preparation of a confidential report to the CEO and direct CEO to file with this Board a confidential report describing the results of the investigation and findings no later than January 1, 2011
Upon clicking on the link above, one is taken to a menu of documents, including a “staff report.”
The latter includes the following verbiage:
RECOMMENDED ACTION(S):Here’s something called “attachment A/Scope of Services”:
1. In accordance with the Board of Supervisors' duty to supervise the official conduct of all County officers, …direct the County Executive Officer to conduct an investigation of alleged improprieties in the office of the Public Administrator/Public Guardian.
2. Direct the County Executive Officer to obtain from legal counsel at Colantuono & Levin, PC. and file with this Board a confidential report, no later than January 1, 2011, describing the results of the investigation and findings by the CEO and its counsel concerning the scope of work.
3. Approve the Agreement for Professional Legal Services, dated November 23, 2010, between , the County of Orange and Colantuono & Levin, PC.
. . .
BACKGROUND INFORMATION:
Among the responsibilities of the Board of Supervisors is the duty … to supervise the official conduct of all County officers. Although the Board's supervisorial duties are not without limitation, the Board may, for example, conduct investigations of elected officials, unless such investigation interferes with the elected official's official duties. On September 16, 2010, Supervisor Bates requested the County Executive Officer to undertake a review and analysis of the Public Administrator/Public Guardian's ("PA/PG") office, the purpose of which is to determine whether there is any merit to recent assertions or allegations of possible improprieties in the PA/PG's office. Due to the sensitive nature of such assertions and allegations, the CEO will be retaining the services of counsel to conduct a confidential review and investigation to be reported to the CEO as a privileged attorney-client communication. The CEO has selected the law firm of Colantuono & Levin PC to provide the CEO with specialized services necessary to assist in conducting the investigation. These findings will be included in a more comprehensive report prepared by the County Executive Office for your Board by January 15, 2011.
Outcome: To provide a confidential report to County of Orange Thomas G. Mauk, County Executive Officer, regarding allegations concerning the office of the Orange County Public Administrator/Public Guardian.
Initial Assignment: To conduct a limited investigation of the following questions and report back to the County Executive Officer:
1. Investigate allegations of the use of assets of individuals in conservatorships and estate administration to enhance PA/PG Department revenue stream. Determine if PA/PG Department is manipulating number or types of cases or unnecessarily assuming conservatorships of clients or administration of estates in order to enhance revenue stream. Specifically, review the following cases:
a. Investigate sale of TapouT, LLC and the administration of the intestate estate of Charles Lewis, Jr. (aka “Mask”) to determine if proper procedures were followed prior to Fourth Appellate decision (5/6/10).
b. Review PA/PG Dept. actions and procedures in commencing and maintaining proposed conservatorship of clients (specifically the mother of Ruth Hull Richter).
2. Conduct interviews of individuals with knowledge of practices and procedures of PA/PG Department bearing on Item 1 as necessary.
3. Determine if practices of the PA/PG Department are yielding the best possible outcomes for clients (in particular management of conservatees benefits and estates).
4. Prepare draft report to County Executive Officer Thomas G. Mauk with findings. The draft report shall be delivered no later than January 1, 2011
5. Revise and expand the confidential report as necessary prior to January 10, 2011.
6. The Report should include recommendations on whether additional investigation should be conducted on the question in Item 1 and recommend whether additional review is indicated for decedent’s estates, probate conservatorships, Lanterman-Petris-Short conservatorships, court referrals, probate cases and asset liquidation to determine if proper procedures and laws are being followed.
7. To the extent any document, records or other information required or reasonably necessary for Attorneys to perform thee services are confidential or otherwise legally protected, Attorneys shall seek an appropriate protective order before a court of competent jurisdiction.
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