Hollister
– A judge ruled Monday that the San Benito County Board of
Supervisors won’t get detailed control of the district attorney’s
budget and ordered the board to make a decision on the prosecutor’s
request for an additional $350,000 before June.
Hollister – A judge ruled Monday that the San Benito County Board of Supervisors won’t get detailed control of the district attorney’s budget and ordered the board to make a decision on the prosecutor’s request for an additional $350,000 before June.
In April, District Attorney John Sarsfield sued the board for implementing what he calls “illegal” budget control measures and allegedly trying to interfere with his prosecution of civil cases. The suit challenged the board’s March 28 decision to implement budget controls such as requiring Sarsfield to get board approval before hiring outside attorneys or going over budget in any specific area. The budget controls were implemented after the board learned that Sarsfield had overspent his services and supplies budget by paying outside attorney Nancy Battel $115,000 to prosecute three cases related to the Los Valientes.
San Benito Superior Court Judge Steven Sanders questioned the motives behind the board’s decision to implement the budget control measures during a hearing Monday.
“This has never been done before and it’s only being done to the district attorney’s office. There is obviously some political overtones,” he said. “Clearly there is a lot of things going on other than this budget matter.”
Sanders also said that it was “unfortunate” that the board and the district attorney were unable to get along on their own without help from the court.
Sanders decision to order a temporary injunction prohibiting the board’s budget control measures came after a day of argument between Sarsfield and county attorney Stephen Barber. Monday’s hearing came after two days of mediation during the last two weeks in which the two parties were unable to reach an agreement. Monday’s ruling isn’t the end of Sarsfield’s suit against the county. Both parties will meet again on July 17 to discuss a permanent injunction.
Barber argued that the board’s actions were legal and justified given Sarsfield’s budget overruns.
“The legislature has put the purse strings solely in the hands of the board. It’s like giving your kid an allowance,” he said. “The board is charged with making sure taxpayer money is not wasted. (Sarsfield) seems to be saying that the district attorney has a carte blanche.”
Sarsfield argued that the budget control measures were designed to interfere with his prosecutorial discretion.
“They’ve essentially shut us down,” he said. “It makes it impossible for us to do our job.”
Sanders also ordered the board to make a decision on Sarsfield’s $350,000 budget augmentation request “forthwith.” However, the judge made it clear that Sarsfield is responsible “to prosecute the cases he can afford.”
Sarsfield has requested the money to prosecute 10 civil cases, including the controversial Los Valientes case. Sarsfield is suing the group and it’s attorney for allegedly violating the civil rights of eight elected officials and business owners through extortion and by filing false lawsuits.
Sarsfield called the ruling a “victory.”
“This is a huge win,” he said. “It’s a vindication for this office.”
Supervisor Jaime De La Cruz said he would consider asking the board to appeal Sander’s decision.
“This is a breach of the separation of powers,” he said. “It’s sad to me that the judge doesn’t see that Mr. Sarsfield will use taxpayer dollars to go after political individuals that he doesn’t agree with.”
Supervisor Pat Loe said the people of San Benito County were the real losers in this case.
“I have to believe there is some way we can work out our differences with department heads without having to go to court,” she said. “The taxpayers are the one’s who lost.”
Brett Rowland covers public safety for the Free Lance. He can be reached at 831-637-5566 ext. 330 or
br******@fr***********.com
.
