May 7, 2008

County looks into allowing punishment of elected officials

Munks' Vegas brothel visit could lead to new oversight

By Shaun Bishop / Daily News Staff Writer

A top county attorney said Tuesday more time is needed to investigate possible changes to the government charter that would allow the San Mateo County Board of Supervisors to investigate and punish other elected officials - a proposal sparked by the sheriff's visit to an illegal Las Vegas brothel last year.

In brief comments at the end of the board's meeting Tuesday, County Counsel Michael Murphy said his staff still is following up on suggestions by supervisors Adrienne Tissier and Jerry Hill to create an ethics commission and change the charter so the board could discipline elected officials for misconduct.

The request came in the wake of a Daily News report three weeks ago that showed how county officials, through their inaction, essentially allowed Sheriff Greg Munks to avoid public accountability after he and Undersheriff Carlos Bolanos were snared in a police raid on the Vegas brothel April 21, 2007.

In that report, Reps. Jackie Speier, D-San Mateo, and Anna Eshoo, D-Palo Alto, called for a full investigation into the well-publicized incident in order to restore the public trust. Munks and Bolanos, who were in Las Vegas for a relay race, have refused to answer questions about what happened.

In their explanations for not reacting to the brothel episode, the supervisors have said they felt powerless to investigate because the county counsel advised them the sheriff is accountable only to voters.

On Tuesday, Tissier asked Murphy to report back again on the possible charter changes in three to four weeks.

Murphy insisted in an interview after the meeting that the topic is a high priority and he wants his final report to the board to be well-researched.

"It's not my intention to just let it sit there," Murphy said.

Charter amendments must be passed by a majority of county voters, and Tissier has said she would like to see potential changes on the November ballot.

Hill said he is willing to give Murphy more time to explore the county's options.

"I hadn't thought about it in terms of timing," Hill said after the meeting. "I'm more concerned with thoroughness of a report. That to me is the most important aspect of this."

So far, Murphy's staff has found that only one of California's 14 charter counties - San Bernardino - has a provision that allows supervisors to discipline or fire other elected officials.

Hill suggested the county consider an oversight law such as San Bernardino's, an amendment passed in 2002 that authorizes supervisors to remove any county officer through a four-fifths vote.

Murphy said his staff is now researching how city governments around the state oversee elected officials.



E-mail Shaun Bishop at sbishop@dailynewsgroup.com.