Hollister
– San Benito County District Attorney John Sarsfield has filed
suit against the county again, this time taking issue with a
recently adopted travel policy designed to govern out-of-state
excursions for county employees.
Hollister – San Benito County District Attorney John Sarsfield has filed suit against the county again, this time taking issue with a recently adopted travel policy designed to govern out-of-state excursions for county employees.
The Board of Supervisors approved the travel guidelines last week, and two days later, without warning, Sarsfield filed suit against the county, claiming the policy was “illegal” because it interfered with his ability to prosecute crimes. The prosecutor, who has six months left in office after a failed re-election bid in June, said he objected to the policy’s requirement that the board approve all out-of-state travel. The travel policy – which sets guidelines for meals, expenses and other travel related issues – was drafted and adopted to comply with new California laws that require each county to have a written policy for its employees, according to County Supervisor Anthony Botelho.
“If we have to go pick up a witness in Nevada for a trial we would have to stop the trial, go to the board and ask them for permission,” Sarsfield said. “It clearly interferes with my office’s ability to prosecute crimes.”
The suit, filed last Friday in San Benito County Superior Court, marks the second time the district attorney has taken the county to court this year. In April, Sarsfield sued the Board of Supervisors and the county for implementing allegedly illegal budget control measures on his office. That case is still pending, but Sarsfield was able to get a preliminary injunction precluding the county from implementing the control measures. So far, that lawsuit has cost the county $16,000, according to Sarsfield.
Supervisor Anthony Botelho said the travel policy was drafted and approved in a prudent fashion and was designed to make sure the county complied with new state laws.
“We will continue to draft policies as has been our practice. This policy was designed for all county employees and not to single out Mr. Sarsfield,” Botelho said. “He should be ashamed for wasting the taxpayers money on another lawsuit.”
Sarsfield said he filed the suit without warning the board of his intentions to do so.
“I have no faith that (the supervisors) will do the right thing,” he said. “They don’t want to listen to me.”
Botelho and several other supervisors declined to comment on whether the lawsuit had merit and directed questions to the county’s attorney. San Benito County Counsel Dennis LeClere did not return phone calls to the Free Lance by press time on Wednesday, despite several messages left on his office phone.
Supervisor Jaime De La Cruz said he was aware of the lawsuit and that it was being handled by LeClere’s office, but declined further comment.
Brett Rowland covers public safety for the Free Lance. He can be reached at 831-637-5566 ext. 330 or br******@fr***********.com.
