County Supervisors will consider measures designed to gain
further control of the District Attorney’s budget at their next
meeting on Tuesday after learning that he has gone far over budget
in some areas and is requesting an additional $300,000 in
funds.
Hollister – County Supervisors will consider measures designed to gain further control of the District Attorney’s budget at their next meeting on Tuesday after learning that he has gone far over budget in some areas and is requesting an additional $300,000 in funds.
The San Benito County Auditor’s office stopped paying District Attorney John Sarsfield’s service and supply bills, such as telephone and electricity, two weeks ago after realizing that he had gone $91,000 over his $140,000 budget for services and supplies. The over-run was the result of paying outside attorney Nancy Battel $115,000 to prosecute a series of cases involving the Los Valientes during the last 10 months. Sarsfield is requesting an additional $300,000 to continue prosecution of 10 civil cases, including $100,000 for prosecution of the Los Valientes for allegedly violating the civil rights of eight local elected officials and business owners through extortion and by filing false lawsuits.
In order to make ends meet, County Administrative Officer Susan Thompson outlined four proposed options for the Board of Supervisors to consider. All of the options include measures to prevent future budget over-runs, such as requiring Sarsfield to get approval from the board before hiring outside attorneys or expert witnesses.
Supervisor Anthony Botelho said the county’s dire financial situation, coupled with Sarsfield’s budget over-runs require the board to take swift action.
“We need more control,” he said. “I want control of where and when he buys coffee; and that coffee better be vital to the prosecution of cases.”
Sarsfield said the cost of services and supplies were unforeseeable, but said he was under budget in other categories, such as salary. If the board adopts a policy forcing him to get approval before hiring expert witnesses or outside attorneys, Sarsfield said he would sue the county.
“That would be illegal, they can’t interfere like that,” Sarsfield said. “If I need to hire a medical doctor to testify in a case I don’t have to ask their permission as to what doctor I hire.”
Sarsfield claims the board, with the exception of Supervisor Pat Loe, is trying to stifle his prosecution of the Los Valientes, the anonymous group that has been called both a criminal street gang and a group of citizens fighting corruption.
“They want to be able to tell me who to prosecute and, more importantly, who not to prosecute,” Sarsfield said. “I wasn’t elected to be friends with the supervisors, I was elected to protect the people. I’m not going to let them endanger the public.”
Supervisors have said they have no interest in which cases Sarsfield chooses to prosecute.
“He’s using this whole Los Valientes thing to divert attention from the real problem: His poor management of the district attorney’s office time and resources,” said Supervisor Jaime De La Cruz. “Before asking for more money, he needs to better manage his resources and he needs to show up in court. He’s not doing his share of the work in that office.”
Supervisor Reb Monaco was puzzled by Sarsfield’s request for additional funding after learning that $100,000 of it would be used to prosecute rural San Benito County ordnance manufacturer MK Ballistic Systems for alleged environmental violations.
“MK Ballistic has already sued the county for a half million dollars, we’re already vulnerable in that case,” he said. “I’m no legal expert, but I have no idea why he’s prosecuting that case – he violated someone’s civil rights.”
Earlier this month, MK Ballistic owner Mike Keith filed a $500,000 lawsuit against the county alleging negligence in the hiring of district attorney investigator Andy Simpson. Keith alleges Simpson violated his civil rights by falsely claiming to be a police officer when he requested a warrant to search the ordnance manufacturing company last December.
Supervisor Pat Loe said she was more concerned about keeping the district attorney’s office operating in the black than arguing the merits of various cases.
Loe said she wants to look at all the funding options before making a decision.
“I think we’re going to have to look at what (Sarsfield) needs,” she said. “I don’t think anyone wants to shut down the district attorney’s office.”
