Whether the county will have to pay Public Administrator/Public Guardian John S. Williams his full salary if some of his duties are forcibly taken from him is under review, according to the county’s chief executive officer.
But county watchdog Shirley Grindle says she already has the answer: no.
Paying a county employee for a job he’s not doing – and not allowed to do – would constitute an illegal gift of public funds, argues Grindle in a letter sent to the county Board of Supervisors Wednesday.
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“It is clear that the Board of Supervisors is on record acknowledging they have the legal right to terminate John William’s role as Public Guardian, but not as Public Administrator (as an elected official only to that office, he must either resign or be recalled),” Grindle wrote. “By so doing, the practical result is that an unlawful gift of public funds is avoided by not paying John Williams the Public Guardian pro rata share of his salary and benefits for performing duties the Board has officially relieved him of.”
The county is taking the situation “one step at a time,” according to the CEO’s office, and supervisors may put the option to separate the public guardian from the public administrator on the agenda in the future.
“In less than a year we’ve had two elected officials that have had the board scratching their heads trying to figure out what authority we have over an elected official and their department,” said Supervisor Shawn Nelson.
Former county Treasurer-Tax Collector Chriss Street was stripped of his investment powers after a judge found he breached his fiduciary duty as a trustee in a bankruptcy case before he was elected treasurer.
“It’s just an awkward circumstance,” Nelson said, when you have someone who is elected who is not doing all of the job but getting all the money.”
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| OC DA: not to be trusted |
After hearing a private attorney's report that Williams was creating liability on his handling of large probate matters last month, supervisors essentially concluded that Williams should be moved out of his post.
The post of public administrator (elected) and public guardian (appointed) were combined back in 2006 with the urging of Supervisor John Moorlach. He later became Williams' biggest critic and moved to undue the combination of the two offices – and salaries – back in 2009 after two grand jury reports heavily criticized Williams.
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[Chairman Bill] Campbell confirmed that county attorneys have told supervisors behind closed doors that because they allowed Williams to run in 2010 for re-election, they can't cut his pay.
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Grindle said if supervisors refuse to take action, she would likely refer the matter to the State Attorney General.
She said she would refuse to refer anything to District Attorney Tony Rackauckas, whose fiancé—Peggi Buff—is Williams' second-in-command.
Ironically, that's what Campbell said the supervisors just appointed: A second in command. "What we're trying to do is put a strong number two to run both offices," Campbell said.
Grindle said her reluctance to refer anything to Rackauckas isn't related to Buff's status.
"I don't' trust this District Attorney to do the right thing under any conditions. He's proven time and again that he definitely is not going to cause any embarrassment to any Republican officials," she said.
3 comments:
They have been paying Williams to do nothing for years! What's another year or so just to get rid of him! Maybe the SOCCCD will pitch in and send him back to Orlando!
I have been hearing rumors that Williams has a liftime medical benefits package from the district...any truth to that? How does he get this benefit?
From what I understand it's true!
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