Supes OK lawyer for auditor
The Humboldt County Board of Supervisors agreed to appoint outside legal counsel to Auditor- Controller Karen Paz Dominguez on Tuesday but denied her request for representation by former Eureka City attorney Cyndy Day-Wilson.
Paz Dominguez requested outside legal counsel from Day-Wilson in response to an internal investigation launched by the county concerning delays in payments, transfers and reconciliations of accounts related to her office. During its Dec. 8 meeting, supervisors discussed whether or not the request for outside counsel was a potential threat of litigation and opted to continue the discussion during its next meeting on Dec. 15.
Supervisors convened for a 45-minute closed-session hearing on Tuesday morning and returned for a public discussion later in the afternoon.
County Counsel Jefferson Billingsley told the board his office had identified a potential conflict of interest in representing Paz Dominguez and recommended the county appoint outside counsel.
“I sort of scoured for legal guidance and there really isn’t any
guidance in this type of situation, this is different from what you would normally see,” Billingsley said. “I think it is definitely a defensible position that as an investigator it is related to the work of the auditor’s office that it could be within the scope of the duties that could allow for her to be appointed counsel.”
Clarifying Billingsley’s statement, 2nd District Supervisor Estelle Fennell said the county would accept the responsibility to provide counsel if “the determination is within the scope of
work.”
“The next part of it is who counsel would be, I’m assuming,” Fennell said.
“I think the question would be, (are supervisors) willing to accept Day-Wilson or would you prefer my office find appropriate counsel for the auditor- controller?” Billingsley asked.
Third District Supervisor Mike Wilson said he would prefer to find other counsel.
“I just think it would be most appropriate,” Wilson said.
During the conversation, Billingsley noted that it is “difficult to have these discussions when the requestor does not participate,” alluding to the absence of both Paz Dominguez and DayWilson.
Ahead of Tuesday’s meeting, Paz Dominguez shared an emailed statement with the Times- Standard explaining her willingness to participate in the investigation.
“I will, of course, participate fully in any investigation so that we can identify and correct any issues between the (Auditor- Controller’s) office and the various districts, agencies, and departments that provide services to the residents and taxpayers of Humboldt County,” she wrote. “Because the Office of the Auditor- Controller is an independent agency run by an elected official, like the offices of the Sheriff and the Assessor, state law allows for independent counsel in such matters and I am choosing to exercise this right.”
After public comment and some additional discussion between supervisors and county counsel, Billingsley said he would offer “two or three attorneys” to Paz Dominguez for her consideration.
The board voted 4-1 with 5th District Supervisor Steve Madrone dissenting. Madrone did not provide a reason behind his dissent on the vote during the public session.