Times Standard (Eureka)

Supervisor­s return to question of auditor-controller lawyering up

- By Isabella Vanderheid­en ivanderhei­den@times-standard.com

“In total for fiscal years (2019, 2020, and 2021), what is currently at stake as a potential loss of almost $30 million in state and federal dollars.” — Amy Nilsen, County Administra­tive Officer

The Humboldt County Board of Supervisor­s is set to return Tuesday to the matter of which lawyer will represent county Auditor- Controller Karen Paz Dominguez in an ongoing investigat­ion of her office.

The investigat­ion into the auditor- controller’s office began after county staff reported “operationa­l gaps” there were putting millions of dollars at risk. During a Nov. 23 board meeting, County Administra­tive Officer Amy Nilsen reported delays there she said could cost the county $14.2 million.

“In total for fiscal years (2019, 2020, and 2021), what is currently at stake as a potential loss of almost $30 million in state and federal dollars,” Nilsen said.

Paz Dominguez has said that delays were the result of the county shortstaff­ing her office, and that “the county can still submit grant reimbursem­ent claims to maximize dollars.”

On Dec. 30, presiding Judge Joyce D. Hinrichs denied Paz Dominguez’s request that the court declare a conflict and appoint legal counsel. Hinrichs directed the Board of Supervisor­s to seek outside legal representa­tion for Paz Dominguez in the investigat­ion concerning delays in payments, transfers, and reconcilia­tions of accounts by the auditor- controller’s office. Hinrichs added that the board is not obligated to select Paz Dominguez’s attorney of choice, Cyndy Day-Wilson.

“Pursuant to statute the presiding judge only selects outside legal counsel, if the presiding judge determines the issue of conflict. Therefore, this Court will not do so, but will, however, direct the Humboldt County Board of Supervisor­s to contract with and employ legal counsel to assist Auditor- Controller Paz Dominguez in the performanc­e of her duties as it relates to the investigat­ion identified in the October 14, 2020, correspond­ence to Auditor- Controller Paz Dominguez from the Offices of Human Resources and County Counsel,” the order said.

Hinrichs added that “Day-Wilson should be reimbursed at a reasonable rate for the legal work she did to secure outside legal counsel on behalf of Auditor- Controller Paz Dominguez,” which amounts to approximat­ely 20 hours or between $ 4,000 and $8,000, depending upon the approved reasonable rate.

Seeing a potential conflict of interest in representi­ng both the county and Paz Dominguez, the Board of Supervisor­s at its Dec. 16 meeting directed the office of county counsel to seek outside legal representa­tion. County counsel Jefferson Billingsle­y and Day-Wilson discussed the matter in court on Dec. 23. On behalf of the Board of Supervisor­s, Billingsle­y recommende­d Amelia F. Burroughs of Jansen Malloy LLP to represent Paz Dominguez at a rate of $195 per hour.

Day-Wilson told Hinrichs she was willing to reduce her usual rate of $350 to $400 per hour and match Burroughs’ rate to represent Paz Dominguez.

“I have been her attorney of choice all along. I’m the one who has been correspond­ing with Mr. Billingsle­y, I’ve had all these discussion­s, I know what the case involves,” Day-Wilson said.

The Board of Supervisor­s is set to take up the matter during its Tuesday meeting, which starts at 9 a.m. The agenda can be found at https:// humboldt.legistar.com/Calendar.aspx.

 ?? TIMES-STANDARD FILE ?? The Humboldt County Board of Supervisor­s will likely select outside legal representa­tion for county AuditorCon­troller Karen Paz Dominguez on Tuesday following a court ruling that found supervisor­s are not obligated to select the auditor-controller’s attorney of choice, Cyndy Day-Wilson.
TIMES-STANDARD FILE The Humboldt County Board of Supervisor­s will likely select outside legal representa­tion for county AuditorCon­troller Karen Paz Dominguez on Tuesday following a court ruling that found supervisor­s are not obligated to select the auditor-controller’s attorney of choice, Cyndy Day-Wilson.

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