[Marin County] Marin IJ Editorial: County outsources for pension opinion

Marin County Counsel Steven Woodside is recusing himself from the county’s response to a civil grand jury report that raises questions about the legality of the Board of Supervisors’ approval of employee pension benefits between 2001 and 2006.

Woodside, a double pensioner from two previous public employers, has become a lightning rod in the political fallout from the grand jury report.

In 2012, a Sonoma County grand jury reached similar conclusions regarding that county’s less-than-transparent handling of county workers’ pension benefits. A judge ruled that the county’s approval process was flawed, but that too much time had passed to take away the workers’ benefits.

There is political pressure to reach a different conclusion in Marin.

Grand jury reports in both counties questioned approval of benefits because the county officials were unable to show they complied with the state-required time for public comment, and the release of actuarial studies on the short- and long-term costs of the new benefits before they were approved.

The Marin grand jury cited 38 possible violations from 2001 to 2006. During the time of these decisions, government employers were confident, possibly heady, that the double-digit returns they were getting on investments would easily cover the cost of those benefits. When the market soured and returns plummeted into deep losses, public pension costs soared, requiring cutbacks in public services, layoffs and tax increases.

Woodside was not Marin’s county counsel when the board approved the pension benefits. He is unfairly being blamed for Marin’s mistake, partly because critics believe he has already made up his mind and won’t be able to treat the matter fairly. Woodside’s possible conflict of interest is not that much different than any other county employee or a pension-vested member of the Board of Supervisors.

The amount of his own pensions is not a factor. He’s not even part of Marin’s pension plan.

But public perception needs to be respected. Woodside has recused himself and the county will be hiring an outside attorney to review the grand jury’s report and recommendations.

What about other local public agencies — the city of San Rafael and the Novato and Southern Marin fire districts — cited in the grand jury report and their legal advisers?

For the county, it has determined the perception and process are worth the trouble — and cost.

May 9, 2015

Marin Independent Journal

Editorial