The state Attorney General’s Office has decided not to oppose Napa County Assessor John Tuteur’s request to dismiss four grand jury accusations against him of “willful or corrupt misconduct.”
All four counts against Tuteur either fail to state a claim of willful misconduct or lack sufficient evidence, the Attorney General’s Office said in court papers filed Friday. The 2017-18 county grand jury is seeking to remove Tuteur from office.
“I am pleased that the California State Attorney General agreed with my position that all claims in the accusation were unfounded,” Tuteur said in a press release.
A Napa County Superior Court hearing on the grand jury accusations is scheduled for Nov. 9 and the judge will consider Tuteur’s request to dismiss the charges—a request that apparently will meet no opposition from the state.
The grand jury made the accusations earlier this year. The Attorney General’s Office, as required, brought the matter to court, after the Napa County District Attorney’s Office recused itself.
One grand jury count accuses Tuteur of failing to pay $20,000 in back property taxes on land his family leases out for a cell tower. An Assessor’s Office error discovered in 2016 led to the back taxes.
“The evidence showed that the defendant was notified of the error and believed steps would be taken to do what was necessary to correct the error,” the Attorney General’s Office filing said.
Tuteur in a court filing disputed the $20,000 figure, saying the Assessor’s Office employee in charge of the matter ultimately concluded this year that Tuteur owes $1,453 in back taxes.
The grand jury accused Tuteur of not forcing property owners receiving Williamson Act agricultural tax breaks to return questionnaires that would help calculate their taxes. Nor did he tell the Board of Supervisors, District Attorney or Planning Department about the noncompliance.
But, the Attorney General’s Office filing said, evidence shows Tuteur’s office tried to gather the information from landowners and informed other county departments of the low response.
“He (Tuteur) testified that over the years, he discussed with the Planning Department whether they felt it was worthwhile for the Planning Department given their workload to pursue any kind of remedy addressing the non-reporting and the response had been ‘no,’” the filing said.
Evidence presented to the grand jury shows that the Assessor’s Office understood its duty was to assess properties and not enforce landowner compliance for information requests, the filing said.
The grand jury accused Tuteur of testifying about the Williamson Act before the Board of Supervisors in 2011, even though he has ranch land that receives the tax break and could benefit from the board’s decision. He illegally used his official position to influence the outcome, the accusation said.
But the Attorney General’s Office said the conflict-of-interest allegation isn’t supported by evidence. The board’s ultimate decision had the same effect on Tuteur’s property taxes as any other Williamson Act property owner.
The grand jury said Tuteur failed to determine the actual value of ranch land and instead used a formula adopted by the county in 1969 and never updated. If the minimum value rose, the property taxes for his ranch would also rise.
“There is no evidence of intent,” the Attorney General’s Office said. “Rather, defendant testified that he believed the actual/fair rent was below the imputed income and therefore the imputed income was applied.”
Nor is there evidence that Tuteur intended to harm the county or gain personal advantage, the filing said.
Another section of the Attorney General Office’s filing dealt with the standard for establishing a willful or corrupt misconduct charge. It must be proven that the public officer knew the act performed or not performed was required or prohibited by law and then willfully failed to comply with the law.
Tuteur could not be reached for comment on Friday.
October 19, 2018
Napa Valley Register
By Barry Eberling
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