Board to consider official removal

Lauren McSherry, Staff Writer
Article Launched: 07/14/2008 09:59:42 PM PDT

The San Bernardino County Board of Supervisors today will scrutinize what it takes to remove an elected official from office.

Chairman Paul Biane called for the review last week after publicly reprimanding embattled Assessor Bill Postmus.

"The burden of proof is difficult," Biane said Monday of removing an elected official. "I think it's probably important to note it would be a very expensive and time-consuming process, and you'd better have it right before you go down that road."

The office run by Postmus has been receiving intense scrutiny in recent weeks, following the release of a grand jury report critical of Postmus' management. On June 30, Postmus' top assistant, Adam Aleman, was arrested and charged with six felonies, including altering documents and destroying evidence. Aleman resigned last week.

An interoffice memo by one of the county's attorneys lays out three ways an official can be removed:

The voters can launch a recall campaign;

The board can vote to remove the official;

Or the grand jury can turn over an accusation of "willful or corrupt misconduct" to the district attorney, who can bring the case to trial in Superior Court.

Biane said it was important to note that after more than six months investigating the assessor, the grand jury did not file an accusation with the district attorney.

If the board decides to take action, it must present written charges with evidence to the  elected official and must hold a hearing that is open to the public, the memo states.

According to the memo, the county must meet some high standards to remove an elected official. The county must show:

The flagrant or repeated neglect of duties;

Misappropriation of public property;

Violation of any law related to the performance of the officer's duties;

Or the willful falsification of a relevant official statement or document.

Biane asked the county's attorneys to look into the matter July 8 during the board's first meeting since the scandal had broken.

"I have been very troubled by the unethical actions that have taken place inside the Assessor's Office," Biane said, "and I want it known that this behavior will not be tolerated in San Bernardino County."

Biane said Monday his request had more to do with educational value for the public and his concerned colleagues than it did with plotting a strategy for the removal of the assessor.

In 2002, the board added language to the county code establishing clearer standards of conduct for elected officials.

"The removal of an elected County officer is an extraordinary act and should occur in only the most egregious of circumstances and only when the interests of the citizens of the County cannot be reasonably served by any other means," the code states.

Under California law, the board can only remove an elected official. The board cannot discipline one, the memo states.

A recall movement has also started. Early in July, a Web site, www.recallpostmus.com, was launched. Registered voters can sign a recall petition there.