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SAN BERNARDINO —
Supervisors unanimously rejected the sheriff's request to continue funding
his lawsuit against the county he serves.
San Bernardino County Sheriff Gary Penrod asked the Board of Supervisors to
approve $25,000 he intended to use in an appeal of a judge's ruling against
him, rejecting Penrod's claim that a code-of-conduct ordinance in the county
charter is unconstitutional.
On Tuesday, supervisors told Penrod "no."
"It seemed the board wasn't convinced that this expense was warranted or
appropriate at this time," said Brad Mitzelfelt, chief of staff for First
District Supervisor Bill Postmus.
Mitzelfelt added that the current budget situation, along with the direction
of the lawsuit, may have contributed to the supervisors' decision.
In the wake of a county corruption scandal that ended the careers of several
officials, the Board of Supervisors adopted an ordinance that gave the
supervisors power to remove certain elected officials — such as the sheriff,
district attorney and assessor — and give them public and written reprimands
for misconduct.
Penrod and Assessor Don Williamson soon filed lawsuits against the county
and racked up about $66,000 in legal fees — paid for by taxpayers.
Penrod and Williamson argued the board has no right to reprimand elected
officials, as they are "constitutional officers" and are accountable only to
the voters.
However, their claims were rejected in August by a Superior Court judge.
Lee Guerra, Penrod's assistant, said the sheriff is not prepared to comment
on the board's decision at this time but is preparing to meet with the
supervisors on the issue in the next couple of days. |