Monday, January 18, 2010

Just-hired San Bernardino county administrator subject of gift probe

From www.pe.com

By CASSIE MACDUFF and IMRAN GHORI
The Press-Enterprise

The San Bernardino County district attorney’s office has asked the state Fair Political Practices Commission to determine whether Supervisor Paul Biane and newly hired county administrator Greg Devereaux violated disclosure laws by failing to report gifts they received from an unidentified person.

District attorney spokeswoman Susan Mickey said the office sent a letter to the FPPC a week ago asking for a legal opinion on whether the two men violated political reform laws.

The FPPC is expected to provide an answer within 30 days, Mickey said.

Devereaux confirmed Sunday that he is the subject of an FPPC “referral” — not a complaint, which would allege that a law had been violated. Mickey said the letter asks for an opinion.

Biane did not respond to a message left with his spokesman Sunday.

Devereaux, who has been Ontario’s city manager since 1997, said the matter relates to a trip he took on a private jet more than a year ago. He said the plane’s owner has never had any business before the city of Ontario or, to his knowledge, the county. He said he and the person considered it a personal trip, not business.

At the time, Devereaux said, he consulted Ontario City Attorney John Brown about reimbursing the plane’s owner, whom he would not name. Brown advised him he had to pay the cost of a commercial flight to the same destination, Devereaux said.

He reimbursed double the value of the trip, just to be safe, he said.

But unbeknown to Brown or Devereaux, the law had changed immediately before the trip, requiring a greater reimbursement, Devereaux said.

He and the lawyer are cooperating with the FPPC and will pay whatever the agency says is required to comply with the law.

Devereaux said the Board of Supervisors was aware of the FPPC inquiry before hiring him last week as the new county administrative officer. He assumes the post on Feb. 15.

Supervisors approved a 10-year contract Tuesday that will pay Devereaux $305,000 a year for the first five years. He will continue as a special adviser for another five years at $91,000 a year for the second half of the term.

Board Chairman Gary Ovitt said Devereaux was “more than forthcoming” about the matter. Ovitt said that as far as he is concerned, the FPPC inquiry is not an issue.

“I felt like he certainly meant to comply with the laws,” he said. “He’ll certainly do everything to make sure he meets the requirements.”

Supervisor Neil Derry called it an honest mistake.

Devereaux said his understanding is that such slip-ups are not uncommon when the state changes fair political practices laws.

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