State AG: No charges in probe of county
The California Attorney General’s office announced that it will not pursue any charges following a three-and-a-half-year investigation into whether employees of Humboldt County Coroner-Public Administrator’s office violated state law by selling estate property from deceased county residents to former and current county employees.
In a letter to District Attorney Maggie Fleming dated Nov. 18, Senior Assistant Attorney General James Root wrote: “Our office has completed an exhaustive review of the public administrator’s handling of estate property in Humboldt County, a matter of concern which was referred to us by your office. Based on our review, we have closed our file and will not pursue criminal charges in the matter. We recognize the high level of trust placed in the public administrator and note that the sheriff- coroner, which now oversees that function, has taken significant steps to increase controls and accountability in fulfilling its duties.”
The Humboldt County Sheriff’s Office and the District Attorney’s Office launched an investigation into the public administrator’s office in June 2017 after county officials “received an unsigned letter questioning the way the Coroner-Public Administrator had disposed of property belonging to deceased persons,” according to a statement from the District Attorney’s office.
The sheriff’s office and coroner- public administrator’s office were consolidated in 2015, which is common in the state of California according to the former county sheriff, coroner and public administrator Mike Downey.
“When the Sheriff’s office took over the coroner-public administrator’s office there were issues that needed to be dealt with to make sure we were following the law,” Downey told the TimesStandard in a phone interview. “There may have been some lag time between taking it over and making sure those lawful steps were put in place, but the main issue I wanted to deal with was the fact that we were doing everything according to the lawful remedy put down by the state.”
Public administrators are appointed to handle the estates of individuals who either did not have their own executor for a will, did not have a will or did not have known heirs of the estate. According to the sheriff’s office, the overall objective of the administration of an estate is to collect the assets of the deceased, determine and pay debts, expenses, and taxes, and to distribute the balance of the assets to the persons (sometimes trusts) entitled to them.
State law prohibits public administrators from selling property in estates or claims to their employees, to anyone they have a financial interest with and to anyone who is associated with business that they have a financial interest with. Violations of these laws are punishable by a $1,000 fine and one-year jail sentence, according to state government code.
In July 2017, the District Attorney’s office requested the California Department of Justice take over the case “due to possible perception of a conflict of interest.” The District Attorney’s office had also requested assistance from the FBI “with the idea that the FBI’s experience with public corruption cases and available resources might lead to an effective and timely investigation,” but the FBI declined to be involved and the state Attorney General took over in August 2017.
The sheriff’s office recognized the “errors that were made in the past handling of Public Administrator cases” in a statement on Monday and outlined the following changes to the Public Administrator’s division:
• “We have updated our Public Administrator policy and procedures manual, with employees closely adhering to this policy.
• As part of our new policy, the Coroner-Sergeant does a weekly review of all open Public Administrator cases to ensure accuracy.
• This policy also requires receipts have complete details including information identifying all parties and the estate associated, a Public Administrator case number and a complete description of the property.
• All deputy coroners and Public Administrator staff are members of the California State Association of Public Administrators, Public Guardians, and Public Conservators, and are staying up to date on the education/training requirements set forth by the law.”
Humboldt County Sheriff William Honsal did not respond to a request for comment ahead of the publishing deadline.
“I feel the outcome was justified by the Department of Justice,” Downey, who retired as sheriff in May 2017, told the Times- Standard on Tuesday. “If there were any issues that needed to be taken care of, adjustments were made in policy to ensure all lawful remedies were taken in the future.”
Fleming said she appreciated the individual who brought the issue to light originally, noting it brought about changes in the county offices.
“I appreciate that the Attorney General’s Office took the case, although of course a more timely conclusion would have better served our county,” Fleming wrote in an email to the Times-Standard this morning. “I also appreciate that someone came forward to identify a possible problem in county government. The Sheriff’s recent comments on this matter indicate that county procedures have improved as a result of the issue being brought to light.”