September
3, 2014
Appeal-Democrat
By
Andrew Creasey
The appointment of a Sutter
County employee as the foreperson for the 2014-15 Sutter County grand jury is a
"blatant conflict of interest," according to a local watchdog
organization.
Rebecca Askins, an employee
with Sutter County's Welfare and Social Services Department, will serve as the
foreperson of this year's grand jury, which examines aspects of city and county
government and special districts, such as schools, to ensure the best interests
of Sutter County are being served.
The Sutter County Taxpayers
Association, in a letter sent to the Appeal-Democrat, said Askins, who also
served on the 2013-14 grand jury, could not be unbiased when asked to
investigate her employer.
"In a county as small as
Sutter, alleged wrongdoing cannot be legitimately investigated by members of
the very organization under investigation — possibly even immediate
co-workers," wrote Pat Miller, president of the taxpayers association.
It is a viewpoint Jim Arkens,
chief administrative officer for Sutter County, shared.
"I don't think a county
employee should serve on the grand jury," Arkens said. "They're there
to oversee the organization of the county and others. If she is a part of that,
especially as a foreperson, she has a lot of influence over it."
The position of foreperson is
usually recommended by the outgoing foreperson. Sutter County Superior Court
Judge Brian Aronson makes the final determination, said Jackie Laswell,
secretary to the grand jury.
Aronson did not return calls
Tuesday seeking comment on the appointment.
But while the appointment may
seem to be a conflict of interest, it's not against the law.
According to California Penal
Code 916.2, an employee of any agency within the investigative jurisdiction of
the grand jury may serve on that jury. The juror must recuse themselves from
participating in participating in any grand jury investigation of that agency.
Miller also raised concerns
about how Askins' time spent fulfilling her grand jury duties would be
separated from her work in the county, citing the Sutter County grand jury
website that says serving on the jury "consumes many hours."
"There needs to be close
monitoring of both time at — and time away — from her county job so that
taxpayers are not paying her county wages while she is consuming those many
hours on grand jury business," Miller wrote.
Patty Leland, senior human
resources analyst for the county, said it has long been the policy of the
county that its employees have to use accrued time off, such as vacation days,
when volunteering for jury service.
Leland said many county
employees have served on grand juries in the past.
CONTACT
reporter Andrew Creasey at 749-4780 and on Twitter @AD_Creasey.
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