San Bernardino supervisors avoid dismissing county assessor

08:38 AM PDT on Wednesday, July 16, 2008
By IMRAN GHORI
The Press-Enterprise

San Bernardino County supervisors aren't calling for Assessor Bill Postmus' removal, but they do want him to appear before the board to explain recent troubles in his office.

At the suggestion of Board Chairman Paul Biane, Postmus is invited to appear before the Board of Supervisors on Aug. 19.

The proposal came during a discussion Tuesday over the board's authority to remove other elected county officials, a step supervisors said they were reluctant to take at this point.

Biane noted that the board cannot compel Postmus to appear, but if he doesn't show up "we can explore other options."

"The sooner the assessor can come and address these concerns the better," he said.

The debate was prompted by the June 30 arrest of Assistant Assessor Adam Aleman and a grand jury report released the same day that accused the assessor's office of possible cronyism and misuse of public resources to support political campaigns.

Aleman, 25, was arrested on six felony charges of falsifying documents and destroying public records.

In a statement released after the board meeting, Postmus said he would work with the board to implement many of the grand jury recommendations and improve his office. But he did not provide a definite answer on whether he would attend the August meeting.

"He is researching right now if and when an appearance will be possible," said Ted Lehrer, a spokesman for Postmus.

San Bernardino is the only California county that allows supervisors to remove other elected county officials, except for fellow supervisors. The authority is written into the 1913 county charter.

At Biane's request, County Counsel Ruth Stringer described to the board the circumstances in which it could exercise that power and what steps it would have to take.

Stringer said the process could be complicated and expensive and would require hiring additional legal counsel and holding public hearings.

It would be subject to possible legal appeal, she said.

The charter states 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.

A 2002 code of conduct established procedures for removing or reprimanding the sheriff, district attorney, assessor, treasurer or auditor, who are independently elected. The ordinance cited flagrant or repeated neglect of duties, misappropriation of public property, violation of any law related to the official's duties, or falsification of an official statement or document as causes for discipline.

In response to a question by Biane asking whether any of the allegations against Postmus rise to that level, Stringer responded said they do not.

"As of today, we would not recommend the board proceeding" with a removal process, she said.

Supervisor Gary Ovitt noted that the district attorney's investigation into the assessor's office is continuing and that more facts might come to light.

In another step proposed following the recent scrutiny of the assessor's office, the board agreed to put a charter amendment before voters in November that will give supervisors more control in hiring and firing each other's personal staff.

Contracts for staff members would require majority board approval -- the practice already in place -- but the charter would also grant the board to dismiss supervisorial staff on a fourth-fifths vote. The proposal also calls for establishing minimum standards in the hiring of top aides by other elected officials.