Criminal Justice Committee Appearance of Inappropriate Actions by the El Dorado County District Attorney Citizen

R1

through R5 El Dorado County District Attorney

R2

The District Attorney should establish written procedures pertaining to his “personal” safe whereby all items are properly logged in and out with the appropriate detailed information.

R3

The personal safe and evidence locker should be audited annually.

R4

All cash received should be maintained in “double” custody.

R5

To avoid the appearance of a conflict of interest, the District Attorney should set up a written protocol regarding cases whenever the accused is related to or has a relationship with an employee in the District Attorney’s Office, including the District Attorney.

R6

The El Dorado County Board of Supervisors should revise the County’s nepotism policy to include “significant others.” Response to R6: The recommendation requires further analysis. The issue of defining significant others is a complex issue since relationships develop at all levels from that of platonic to sexual. An employer’s attempts to create policy to control fraternization between employees or identify relationships between individuals must balance an employee’s state and federal constitutional rights of privacy and association and the potential for litigation that comes with an unwarranted intrusion of these rights with that of the employer’s interest in restricting conduct that harms the public service. Public employers have a legitimate interest in regulating “romance” in the workplace in relationships between supervisors and subordinates to the extent that it can lead to claims of sexual harassment, third party claims of hostile work environment, or perceptions of favoritism, bias or unfair treatment. However, the U.S. and California Constitution bar public employers from unduly focusing on an individual’s right to privacy, free speech, and 39 freedom of association. The main issue of the employer should be on the safety, security, and productivity of the workplace, i.e. the legitimate business concerns of the public employer. The Human Resources department will work with County Counsel and the Chief Administrative Office to review the County’s policy on nepotism and make amendments as necessary. Analysis of this recommendation will be completed by December 25, 2003. Any necessary amendments will be completed by April 30,2004.