Voters to get voice on ethics issue

10:00 PM PDT on Sunday, September 28, 2008

By ZEKE MINAYA
The Press-Enterprise

In response to accusations of political corruption in the San Bernardino County assessor's office, voters in November will decide whether to require additional ethics training for top staff members of county elected officials.

The charter amendment, called Measure S, also would give county supervisors additional control over personnel decisions. They would have more say over the hiring and firing of each other's staff members and would be required to approve the employment requirements for high-ranking jobs in the offices of elected officials.

Supervisors Chairman Paul Biane pushed for the proposal after a grand jury investigation led to the arrest of a top aide of Assessor Bill Postmus.

"We were looking for greater accountability in the hiring practices in the assessor's office and realized we didn't have good control (of other offices)," he said.

He added that no ethics training was required of the board of supervisors' staff.

Some political observers said while the measure likely will appeal to voters, it would accomplish little.

"I think it's good they are considering an ethics matter and putting it before the public," said Bob Stern, president of the Los Angeles-based Center for Governmental Studies. "But (the supervisors) could have gone a lot further."

In an annual report released in June, the San Bernardino County grand jury concluded that Postmus had filled top positions in the assessor's office with political allies who lacked the necessary experience for the jobs. The assessor's office sets values for all taxable property in the county.

Grand jury investigators found that some of the assessor's staff used the county email system during work hours to participate in partisan politics and help organize election campaigns. The probe also questioned whether severance pay given to a departing employee was excessive and highlighted possible abuses of the county's education reimbursement benefit.

The same day the report was released, authorities arrested Assistant Assessor Adam Aleman on six felony charges that included destroying and falsifying evidence in an attempt to mislead the grand jury. Aleman has pleaded not guilty to the charges and is scheduled for a pre-trial hearing this week.

In July, Postmus left office on a 10-week medical leave without further explanation. During his leave, reports surfaced alleging that Postmus has abused drugs in the past and has been in rehabilitation at least twice.

Ted Lehrer, spokesman for the assessor's department, said Postmus has chosen to "keep his health confidential" but may release the reason for the medical leave in the future. Lehrer added that Postmus will return to work in early October.

Lehrer said Postmus would have no comment on the proposed measure.

"The assessor has been on medical leave of absence and has not had time to review the proposed amendment so he has no opinion at this point," Lehrer said.

After the grand jury report and Aleman's arrest, the supervisors moved to address the upheaval in the assessor's office.

A state law passed in 2005 requires that members of a local legislative body, like the county board of supervisors, undergo ethics training. It mandates, at minimum, a two-hour course every two years that includes a review of open government laws, financial interest disclosure requirements and prohibitions on use of public resources for personal or political purposes.

The law gives local lawmakers the power to require the training of their employees.

Most board of supervisors staff members already have taken the course, county spokesman David Wert said.

Measure S would require training for supervisors staff and top staff members of elected department heads, Wert said.

It would mandate that all supervisors staff be employed under contract. Under existing county requirements, contracts of $50,000 or more must be approved by the board. Most board employees already work under contract, county officials said.

Measure S also grants the board the ability to fire a supervisor's staff member on a four-fifths vote. Presently, three of five supervisors can approve cancellation of a contract but a board member could then rehire the terminated staffer as a regular employee, Wert said.

"Measure S solves this potential loophole," he said in an email message.

Finally, the measure dictates that the supervisors approve employment requirements for workers not represented by a union, which includes high-ranking department officials, in the offices of the assessor, treasurer-tax collector and auditor/controller.

Biane said Measure S is only a part of the board's efforts to shore up ethics in county government. The supervisors will explore creating an ethics commission in December or January, Biane said.

Bob Stern of the Center for Governmental Studies said he expects voters will be able to tell that Measure S would not bring about major changes. They may still appreciate the amendment as a step in the right direction, he said.

Judy Nadler, senior fellow in government ethics at Santa Clara University's Markkula Center for Applied Ethics, said Measure S falls far short of efforts by other elected officials.

"As I read the proposed charter amendment it really says nothing," she said. "It's unlikely to solve a great problem."

Nadler points to recent reforms in San Jose city government as having an impact. Among other changes, council members and the mayor publish their daily schedules.

"It's all right out in the open," she said. "Those are the type of things that don't make the required financial disclosure forms but they tell you a lot."

Reach Zeke Minaya at 909-806-3062 or zminaya@PE.com