Judicial candidate defends board flap

STOCKTON — A Lodi attorney who wants to be a Superior Court judge lived illegally outside the district he represented when he served on the San Joaquin County Board of Education.

Mark Thiel therefore received thousands of dollars of benefits to which he was not entitled, county officials say.

Thiel says it was an honest mistake. He said the matter is coming to light thanks to unbecoming political maneuvering by his opponent, County Superior Court Commissioner John Soldati.

“It is unfortunate my opponent tries to jump on this to sway voters,” said Thiel. “It casts a shadow upon the bench. We look like nothing more than common politicians.”

Thiel served 16 years on the county Board of Education. A Linden resident, he represented District 2. One of five districts, District 2 covers parts of north Stockton and eastern San Joaquin County.

“Mark’s been a great board member,” said Dave Sorgent, the board chairman. “He’s really, really good.” Thiel abruptly resigned April 4. In his resignation letter, Thiel cited the consuming demands of campaigning. “I would like to expend my time, focus and energy these next three months to my campaign for superior court judge,” he wrote.

The real reason: it came to light that Thiel was living outside his district. Board members must live in the district they represent.

County records show that in January 2016, Thiel sold his house on Flor Court in Linden — within the District 2 boundaries — and closed on a house on Tokay Colony Road, about 11 miles to the north. That house is in District 5.

Thiel said making sure he was still within District 2, a simple matter of looking on a district map, was not his responsibility.

“At the time I fully disclosed to the county Office of Education that I sold my house and my new address and reported it to them,” Thiel said. “It’s my understanding that’s what the county is supposed to do, or did. And they’re in charge of it. I believe I did my due diligence.”

Nope, said Zachary Johnson, a spokesman for the San Joaquin County Office of Education.

“The San Joaquin Office of Education was not informed by Mr. Thiel that he lived outside of Area 2,” Johnson said.

Rather, Johnson said, “The administration was informed by Mr. Thiel that he was selling his home and was buying a home outside of the area, but that he would be living in a rental within Area 2.”

Thiel didn’t provide the rental’s address, Johnson added.

Thiel said he lived in a Linden rental while his new house was remodeled. Ultimately he moved into the new home. Thiel said he lived about a year outside his district — not far outside, he says, but outside — before realizing his error and resigning.

If that’s the case, Thiel received benefits for which he was not eligible. Education board members receive insurance: Blue Cross, dental and vision, as well as a $300 a month stipend.

A year’s insurance premiums costs the county something like $23,399, said Janai Stanton, administrative services director. Plus $3,600 in stipends.

If Thiel lived out of his district for longer, the figure is higher.

I asked Thiel if he intended to pay the county back.

“That is between the County Office of Education and me,” Thiel said. “That’s a private matter.”

I respectfully disagreed. The benefits were funded by taxpayers, with whom Thiel might want to be more candid in the spirit of transparent campaigning.

“I have made clear I’m willing to turn around and take care of whatever the county office feels I owe them,” Thiel said.

County officials were unable to say whether under the law Thiel could be punished beyond restitution.

Thiel was indignant about what he feels are distasteful political distractions injected into the campaign by his opponent. Soldati had no comment, by the way.

“I think this article should be about, No. 1, the experience of the candidates,” Thiel said. “I think this should be about their ability to administer the case load in the courts. And the justice that occurs in the courts.” Did he wish he’d looked at the map? “It’s easy to say, yeah, I wish I looked at the map,” Thiel said. “But I trusted and believe that I did the right thing. I reported it to the county office.”