Vector Control Program

The available information determined that the decision to retire was voluntarily made by the former County Counsel. 5 2006-2007 San Bernardino County Grand Jury Final Report The available information did reveal that a few days prior to the resignation the former Chairman of the Board of Supervisors had berated the County Counsel in an open workshop meeting, concerning the County Counsel's failure to follow Board direction and also made comments to the effect that outside use of legal counsel was being considered. The inability to satisfy each Supervisor’s needs and the discord between Supervisors was one of the deciding factors leading to the decision to retire by the County Counsel.

The former Chairman of the Board of Supervisors recommended and Supervisors approved of an Interim County Counsel, which was a proper procedure under County Charter: Article 2, Section 7, which states, "Any vacancy in a County office other than that of supervisor, shall be filled by the Board of Supervisors by appointment for the unexpired term." There was a concern as to the Supervisors’ decision to bypass the Assistant County Counsel and the effect that the decision would have on the Colonies Partners Limited pending litigations by bringing in an Interim County Counsel with questionable knowledge of the critical litigation issues. There is no requirement in a County appointed position that the assistant to that department head automatically become the head or interim of the department. This concern became a moot issue when the Board of Supervisors disregarded the expenditure of County funds already spent on outside legal representation, all legal counsel advice and settled the suit in favor of Colonies Partners Limited, L.P.

The available information at this time supports the premise that the Board of Supervisors’ monetary settlement in favor of the Colonies Partners Limited, L.P. was a decision made by three of the five Supervisors after consideration of the available alternatives. The Board of Supervisors has the authority to make the final decision on this civil lawsuit. The Board of Supervisors can consider, but were not required to follow, legal advice in this civil matter.

The purchase of the Maranatha jail facility and the subsequent Gumport report has been reviewed and disclosed no violations of law. The overall examination of the issues involved with the Maranatha facility purchase and information contained in the Gumport report did result in some positive actions by the Board of Supervisors. The first action was to renegotiate the Platinum Advisory contract to allow the CAO to terminate the contract at any time. There was also a reporting requirement to the County by the Platinum lobby contract when an issue of possible conflict arose. The lobbyist, who was a central issue in the Gumport report, although still employed by Platinum, is not representing San Bernardino County. A second positive result was the acquiring of a 700-bed jail 6