At this Tuesday's Board of Supervisors meeting, while addressing the recent drama in the Assessor's Office,  the Board requested for County Counsel to check up on the process of removing county-wide elected officials.  They can remove them with 4/5 of the vote. 

San Bernardino County supervisors will hear from their legal counsel Tuesday about what options are available to them to remove an elected county official.

None of the supervisors have called for the removal of Assessor Bill Postmus, but the request for the discussion item came as part of a statement by Board Chairman Paul Biane criticizing recent activities at the assessor's office.

Biane said he would like county counsel to "educate supervisors and the public about the disciplinary measures the board can take with a countywide elected official, up to and including removal from office."

Last week, Assistant Assessor Adam Aleman, 25, was arrested on six felony charges of falsifying documents and destroying public records. Hours after Biane called for his dismissal, Aleman tendered his resignation, which is effective today.

The arrest came the same day that the assessor's office came under fire by the county grand jury for possible cronyism and misuse of public resources to support political campaigns.

Biane could not be reached for comment Wednesday but county spokesman David Wert said the intent of the discussion is to inform the public about what the county charter says on the subject. Constituents have approached individual supervisors calling for Postmus' removal, he said.

"Chairman Biane, number one, just wants to make sure the public and the news media is formally aware it's not something the board would take lightly and, two, there's a lengthy process that would have to be followed," Wert said. "That's the only thing going on here."

Postmus said he doesn't believe the discussion is aimed at him or a precursor to removal.

"I'm an independent countywide elected official and look forward to continuing in that capacity," he said.

Postmus defended his office against the recent criticism.

"There's nothing that's happened in my office that meets any of those statutes or charges" for removal, he said. "We are living to the law of this county and the great state of California and we're going to continue operating."

San Bernardino County is the only California county that allows supervisors to remove another elected county official except for a fellow supervisor -- an authority written into the 1911 county charter.

The charter states that an elected official can be removed by a four-fifths board vote after being told of the grounds for removal and given a chance to respond to the criticisms.

This isn't the first time the issue has come before the board, though the county has yet to use that authority.

Frustrated by scandals involving then-District Attorney Dennis Stout and then-Assessor Donald Williamson, the board approved a code of conduct in 2002 that established procedures to remove or reprimand the sheriff, district attorney, assessor, treasurer or auditor. All of the positions are independently elected.

Although the authority to remove them is in the county charter, supervisors said at the time they wanted clearer guidelines for taking such an action.

The ordinance cited flagrant or repeated neglect of duties, misappropriation of public property, violation of any law related to the official's duties, and falsification of an official statement or document as causes for discipline.

Williamson and Sheriff Gary Penrod sued the board, saying state law should supersede the county ordinance. In August 2003, a judge dismissed the suit, saying the state constitution permits the county ordinance.

County Charter:

Any county officer other than a supervisor may be removed from office in the manner provided by law; also any such officer may be removed by a four-fifths vote of the Board of Supervisors, for cause, after first serving upon such officer a written statement of alleged grounds for such removal, and giving him a reasonable opportunity to be heard in the way of explanation or defense.

-The Press Enterprise