An investigation is finished into a lawsuit against District
Attorney John Sarsfield alleging he favored an office manager while
the two had an affair. And the results that identify
”
a number of personnel issues that need to be addressed and
corrected
”
led the county to enter settlement talks with the
plaintiffs.
Hollister – An investigation is finished into a lawsuit against District Attorney John Sarsfield alleging he favored an office manager while the two had an affair. And the results that identify “a number of personnel issues that need to be addressed and corrected” led the county to enter settlement talks with the plaintiffs.
The county’s San Francisco attorney Rick Bolanos confirmed the probe is complete and said the Board of Supervisors had been briefed on its findings at a closed-door meeting Tuesday. The board directed Bolanos to enter mediation talks with Sarsfield and the two plaintiffs of the suit, victim witness division workers Katie Fancher and Julie Roybal.
In a verbal statement Wednesday, Bolanos mentioned “personnel and management issues” within the district attorney’s office that should be addressed.
He said he couldn’t reveal details of the investigative report for two reasons. It’s a personnel matter, and the two subordinates who filed the complaint also have an active lawsuit filed against the county and Sarsfield. The county has not released the report as a public record.
“The report identifies issues that will need to be viewed as the responsibility of all three parties,” said Bolanos, referring to Sarsfield, the two women and the county. He didn’t elaborate on what actions should be taken.
The plaintiffs’ attorney, Bill Marder, has not received a copy of the investigative report, which he wants as potential evidence in civil court. If settlement talks fail, he plans to file a “request for production” – which is similar to a subpoena – for the entire document. He believes he will obtain it, he said.
“The fact that the county’s willing to mediate, that indicates they feel there’s some exposure,” Marder said.
Sarsfield referred all comments on the matter Wednesday to his attorney, Jon Giffen, who didn’t return calls to his office.
The women filed a personnel complaint against Sarsfield on June 9 and followed up with the suit Aug. 12. Shortly after the complaint’s filing, the county hired Bolanos, who then retained the investigator.
The women allege Sarsfield has had an affair with office manager Nancy Leon since his tenure began in January 2003 and that it led to a hostile and unfair workplace. They’re seeking an unspecified amount of money and changes to how Sarsfield treats female workers in the office.
Mediation talks would include the hiring of an objective third party to hear both sides and give advice on a potential settlement. The county has proposed Oct. 21 for such a meeting in San Francisco, and the two women are fine with that date, Marder said.
Supervisors reached Wednesday, Ruth Kesler, Pat Loe and Reb Monaco, said they couldn’t discuss details of the report.
“I think that it’s in the legal process and it’s being acted on and worked on by all parties,” Monaco said.
Kesler, one of three board members leaving in December, said the report showed “about what I thought it was going to be.”
Kesler, who has expressed support for the district attorney in recent months, said she didn’t know whether the report revealed any wrongdoing on Sarsfield’s part.
“I don’t think I should say anymore about it,” she said.
Kollin Kosmicki covers politics for the Free Lance. Reach him at 637-5566, ext. 331 or [email protected].
