Times Standard (Eureka)

Supes OK lawyer for auditor

- By Isabella Vanderheid­en ivanderhei­den@times-standard.com

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.

 ?? TIMES-STANDARD FILE ?? Humboldt County Auditor-Controller Karen Paz Dominguez was absent during the Humboldt County Board of Supervisor’s latest discussion on whether or not the county should grant Paz Dominguez outside legal counsel following an internal investigat­ion.
TIMES-STANDARD FILE Humboldt County Auditor-Controller Karen Paz Dominguez was absent during the Humboldt County Board of Supervisor’s latest discussion on whether or not the county should grant Paz Dominguez outside legal counsel following an internal investigat­ion.

Newspapers in English

Newspapers from United States