County process to remove Postmus could be lengthy, expensive
The Board of Supervisors voted unanimously Tuesday to start proceedings to remove embattled San Bernardino County Assessor Bill Postmus from office.
The board directed county counsel to look into hiring an independent special prosecutor who would gather evidence of misconduct by Postmus, who is an elected official. The evidence would be used for a trial over which the board would preside.
Postmus' spokesman Ted Lehrer issued a response late Tuesday afternoon.
"Assessor Bill Postmus has no comment specifically related to today's action by the Board of Supervisors," Lehrer said. "However, Assessor Postmus would like to clearly state that he remains clearly committed to working on behalf of county taxpayers and that the assessor's office will continue to operate and function by providing excellent service to residents of the county."
As to speculation that Postmus would step down from office, Lehrer said, "At this point, there are no plans to announce a resignation."
Postmus has been in the center of a protracted political scandal. In June, the grand jury released a report chronicling the mismanagement of the assessor's office. Postmus' top assistant Adam Aleman was promptly arrested and charged with six felonies, stemming from an attempt to mislead the grand jury investigation.
Postmus also has been the target of an ongoing criminal investigation by the district attorney. The supervisors have repeatedly called for Postmus to appear before them and answer questions about allegations of methamphetamine abuse and unethical conduct as an elected official. The board formally censured Postmus Nov. 4.
A hearing could be held as early as May, said Ruth Stringer, county counsel.
"It could be a little earlier, it could be a little later," Stringer said. "It all depends on what the investigatory process produces."
Stringer is considering two candidates, who are both former U.S. attorneys, said Supervisor Neil Derry. It could be four to five weeks before the board votes to hire an attorney, he said.
The special prosecutor would gather evidence over several months. A defense attorney, who would be selected by Postmus and paid for by the county, would then be given two months to review the evidence collected by the special prosecutor before the hearing.
During the hearing, the supervisors would have the power to subpoena witnesses and could require the assessor to appear before them, Stringer said. The witnesses would also give sworn testimony.
The overall process of removal could take up to two years and cost anywhere from $500,000 to $1 million, Stringer said.
Stringer added that if found guilty by the board, Postmus could appeal the case to the state Supreme Court, a process that could take years to reach a conclusion.
Supervisor Brad Mitzelfelt expressed concern that Postmus, who is two years into a four-year term as assessor, may leave office before the court process is completed.
San Bernardino County is the only county in California whose charter gives the board of supervisors the power to remove an elected official, Stringer said.
"Because of the uniqueness of the County Charter provision, we anticipate legal challenge," Stringer wrote in a report to the board.
Derry, who ran for election on a platform to reform county government and who made the motion to initiate the proceedings to unseat Postmus, said he was compelled upon arriving in office to address the issue.
"It's not really a goal," Derry said of removing Postmus. "It's an obligation."
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