San Benito County dropped nearly $300,000 in a four-month span
to finance outside legal representation for lawsuits against the
county
– a figure that could put three extra sheriff’s deputies on the
street for a year or fund a number of county programs that get left
in the cold because of a lack of county funds.
Hollister – San Benito County dropped nearly $300,000 in a four-month span to finance outside legal representation for lawsuits against the county – a figure that could put three extra sheriff’s deputies on the street for a year or fund a number of county programs that get left in the cold because of a lack of county funds.

Between September and December of last year, San Benito County spent $294,585 to employ lawyers from five major law firms to litigate several lawsuits against the county. Included is the Los Valientes corruption suit against former Supervisor Richard Scagliotti; a $5 million racial discrimination lawsuit brought by Supervisor Jaime De La Cruz; and a sexual harassment lawsuit against District Attorney John Sarsfield, which has since been settled.

“Every time I see these kinds of things going on I think, there’s three deputies, or there’s that additional person they need in building and planning,” said Sheriff Curtis Hill. “There goes that technology upgrade the library needed to service the youth of our community.”

The additional $300,000 brings the county to a whopping $3.1 million in outside attorney fees since April of 2000, according to records released to the Free Lance through the California Public Records Act. Since January, the county paid $35,000 to Victim Witness Department employees Katie Fancher and Julie Roybal, who sued District Attorney John Sarsfield last summer for sexual harassment.

Most of the money to finance attorney fees comes out of the county’s general fund budget, which totals about $30 million, while the county’s entire budget is about $77 million, according to San Benito County Auditor Dan Vrtis. Although 2005-06 budget talks haven’t begun yet, acting Interim County Administrative Officer Susan Lyons said the county is facing budget shortages similar to last year’s $4 million deficit.

Supervisor Anthony Botelho said he hopes the ongoing litigation fees don’t cause problems when budget talks begin in a couple months. Botelho blamed much of the outside attorney fees on the previous board, and said it has been the new board’s goal to cut down on those kinds of expenditures.

“All of it stems from prior issues and problems, and we’re trying to rectify the situations with the DA, and working with Supervisor De La Cruz as far as his situation,” Botelho said. “We’re hoping calmer heads prevail with both these situations and not be at the expense of the citizens of the community.”

Former Supervisor Ruth Kesler defended the board’s expenditures and said members were always cognizant of how much money they had to work with.

“At the time it was needed,” she said. “We had a good board and they wouldn’t have spent one dime if it wasn’t warranted.”

During budget talks last year several county programs, including 4-H and veterans programs, faced total annihilation because of a lack of funds. Although those programs survived budget cuts, Supervisor Reb Monaco worries that other meaningful programs could be placed on the chopping block because of pending litigation costs.

“It concerns me a great deal, especially when I think of those 4-H kids coming to ask us for $70,000 when we’re spending a horrendous amount on outside lawyers,” Monaco said. “But we have a new board that right out of the gate settled one. There’s a commitment from this board to settle them.”

Ongoing suits the county is paying outside firms to litigate include:

n The Los Valientes suit brought by Salinas lawyer Michael Pekin, who was recently indicted by the criminal grand jury for five felonies regarding the suit, against the county and Scagliotti

n A nine-year-old civil suit filed against the county by a mining operation, Sandman, disputing official’s attempts to restrict the company’s use of its 100-acre property along the San Benito River

n A $5 million suit against the county and former Supervisor Ruth Kesler alleging racial discrimination by Jaime De La Cruz and local restaurant owner Ignacio Velazquez

Erin Musgrave covers public safety for the Free Lance. Reach her at 637-5566, ext. 336 or [email protected]

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A staff member wrote, edited or posted this article, which may include information provided by one or more third parties.

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