Hollister
– Though an official announcement is yet to be made, some on the
San Benito County Board of Supervisors have confirmed that the
state Attorney General’s office this week denied a request for
investigation of District Attorney John Sarsfield and how he runs
his office.
Hollister – Though an official announcement is yet to be made, some on the San Benito County Board of Supervisors have confirmed that the state Attorney General’s office this week denied a request for investigation of District Attorney John Sarsfield and how he runs his office.
During a meeting in San Benito County Tuesday, attended by supervisors Anthony Botelho and Don Marcus and county staff, representatives of the Attorney General Bill Lockyer said that their office would not investigate Sarsfield, according to Botelho. In March, the board voted 4-1 to declare “no confidence” in the District Attorney and request that the Attorney General’s office to look into the way Sarsfield spends public funds and what cases he chooses to prosecute criminally and civilly.
“The Attorney General Office’s position is that the district attorney sets his priorities as to how to administer the law and justice in the county,” Botelho said, declining to comment further because the full board hasn’t heard the news officially. Botelho said he wasn’t sure when the board might hear a report on the meeting, or whether it would be discussed in open or closed session.
Supervisor Reb Monaco, who put the no confidence vote on the board’s agenda in March, said he heard the news that the Attorney General’s Office wouldn’t investigate Sarsfield second-hand. The no confidence was a symbolic gesture with no legal ramifications, according to the Attorney General’s Office.
“On some level I’m a bit disappointed,” he said. “I expect they have the ability to at least look at the situation.”
The Attorney General’s press office did not return phone calls Thursday.
Sarsfield said that, until being notified by the Free Lance, he hadn’t heard about the county meeting with Attorney General representatives. He said he wasn’t surprised that the Attorney General’s Office wasn’t going to pursue an investigation. Sarsfield accused the board of trying to force him out of office.
“This is what these guys do,” he said. “They try to create a firestorm around somebody to drive them out of office, out of government. This is the latest example.
Sarsfield has weathered numerous requests that he and his office be investigated by the Attorney General’s Office, but the all requests have been dismissed and no investigations have occurred. About a year ago, the San Benito County Bar Association passed a no confidence vote against Sarsfield, saying that he abused the power of his office, and sent a letter to the Attorney General asking for intervention.
Supervisor Jaime De La Cruz – long an out-spoken critic of the district attorney – said that he was disappointed that the Attorney General’s Office would not investigate Sarsfield. Now he’s urging voters to cast their ballots against the DA during next months primary elections.
“Issuing a no confidence vote is a strong statement to the community that the board, collectively, does not have confidence in the job he’s doing. I encourage the public to vote for change,” he said. “It’s too bad that the Attorney General will not do anything.”
Supervisor Pat Loe could not be contacted Thursday. But in March, when she was the sole dissenter on the no confidence vote, she said that voters should be the ones to decide the District Attorney’s fate.
The no confidence vote, and subsequent request that the Attorney General’s Office investigate Sarsfield, was an official affirmation of concerns that the bulk of the board have raised regarding which cases that the district attorney is pursing and how he spends tax dollars.
Also In March – after it was revealed that Sarsfield over spent his budget by about $91,000 – supervisors voted to implement strict budget controls on the district attorney, giving the board control over line-item expenditures in his budget. On May 1 Superior Court Judge Steven Sanders ordered a temporary injunction prohibiting the board’s budget control measures, saying that, since the policy was not countywide, it appeared that the district attorney was being targeted.
County Administrative Officer Susan Thompson said that she is crafting a countywide policy that would give the board control over line-item expenditures in the budgets of all county departments. Some on the board say that such a policy would be good for the county.
“I totally expect it to be a policy in the future,” Botelho said. “The district attorney’s department is the only one that really abuses its budget.”
Sarsfield called the budget restraints “illegal interference” and an effort to squash his investigation of Los Valientes, an anonymous group he believes has violated the civil rights of local residents, including former county supervisors and Loe. The budget restraint and vote of no confidence came before the board as Sarsfield prepared to subpoena a county supervisor candidate, and Monaco and De La Cruz for a grand jury investigation into Los Valientes.
Even if a policy is adopted Sarsfield said that it would not apply to him because he is a “constitutional officer.”
“They can’t tell the sheriff what to do and they can’t tell me what to do,” he said.
Luke Roney covers local government and the environment for the Free Lance. Reach him at 831-637-5566 ext. 335 or at lr****@***********ws.com
