This just in from former Assemblyman (and former County Supervisor) Todd Spitzer… (Never a dull moment in Orange County politics…)
Moments ago, the Orange County Register reported that Orange County Board of Supervisors Chairman, Bill Campbell, confirmed that former appointed Public Guardian and current elected Public Administrator John Williams may be submitting his resignation tomorrow morning. Williams clearly wants something in return.
Some believe that Williams, who may be eligible to receive or is now receiving benefits as a former Orange County Marshal, a former trustee of the South Orange County Community College Board and now a former Public Guardian, is trying to coerce Supervisors into believing that he is owed his entire four year salary irrespective of the stripping of his duties as Public Guardian at Tuesday’s Board of Supervisors meeting (first reading of an ordinance to remove Williams’ ex-officio duties as Public Guardian where he also serves simultaneously as elected Public Administrator). I simply ask: "Where else, but in big government, can an elected official be deemed incompetent on a 5-0 vote and still expect to receive his entire four year salary?
This is a long, complicated story, about how Williams’ went from being elected Public Administrator to also becoming the appointed Public Guardian. But what is clear: after two Grand Jury investigations against him and his administration, his hiring of politically connected insiders who he thought could shield against his incompetence and his arrogance of power for going after personal estates of those who died without a will (i.e. the "Tapout" fortune of Charles Lewis) so that Williams could generate enough estate administrative fees to offset his inappropriate personnel promotions and pension spiking, he now wants out–but on his terms of course. That in government speak means more money and/or pension credits.
There are three strong reasons that the Supervisors do not need to pay Williams one more dime as Public Guardian. First, the County Ordinance that merged the elected Public Administrator with the appointed Public Guardian clearly allows for the separation of those offices by the Supervisors at any time. Williams has no contractual right or reliance interest in that job. The law is crystal clear.
Second, at the time he filed for re-election for Public Administrator, he had just escaped a 3-2 vote allowing him to remain as Public Guardian on December 5, 2009. However, at that hearing where he remained the Public Guardian by only one vote, he was strongly admonished that the Board’s worries and concerns were not resolved. He was told that his department would continue to be severely scrutinized and a new public discussion would be held during his budget review in June 2010. Therefore, when he filed for election, he had absolutely no expectation that he would be guaranteed the Public Guardian position. He also knew that Supervisor Norby (who voted with Williams) was leaving and that his fate could be revisited with the election of a new 4th District Supervisor.
Lastly, he is one of the only department heads that has retained outside legal counsel to advise him and speak on his behalf. His counsel should be familiar with Anderson v. Superior Court, 11 Cal.4th 1152 (1995), that holds that unmerging an elected and appointed position does not impact the electorate’s decision. In addition, a 1953 Attorney General opinion allows a governing board that appoints an elected official to additional duties i.e. as here, the Public Administrator with additional appointed duties as the Public Guardian, to be stripped of those appointed duties at any time during the elected four year term.
Right now someone thinks that John Williams has leverage to strong arm the Supervisors into a settlement. I can understand why the Board needs him out of Public Guardian/Public Administrator’s office. The place has to function. To accomplish the same goal, he should be placed on administrative leave for his role as the Public Guardian until the ordinance is in effect on March 15. The Public Administrator’s office should immediately be segregated from all operations of the Public Guardian. At the same time, the Board should refer its confidential investigation of Williams to the Grand Jury who has the ability to remove an elected official from office, in this case, Williams as the Public Administrator. The Grand Jury should immediately commence a review of all the investigative work that has been done to date and make a decision about Williams’ fate.
There is no doubt now that John Williams has been an ineffective and incompetent administrator. It has cost him his job. At the same time, why should the taxpayer suffer and have to pay Williams another bloated salary and/or pension pay-off?
This would not be tolerated in the private sector. We hear all the time how we need to make government work like the private sector. This case needs to be the stake in the ground. There can be no clearer example of why the Board should show Williams the door. Not only the door of the Public Guardian’s office but also the door of the courthouse. Because that’s where Williams should have to go to explain why his incompetence should be rewarded with taxpayer’s hard earned money.