[Mendocino County] Board of Supervisors to talk county counsel evaluation again on Oct. 21

Another closed-session evaluation scheduled for Oct. 21 meeting; DA speaks out against proposed salary

October 7, 2014

The Ukiah Daily Journal

By Adam Randall

The Mendocino County Board of Supervisors continued its discussion about acting county counsel Doug Losak's position in closed session during Tuesday's board meeting.

Losak was unanimously appointed to the interim county counsel position Sept. 22 by the board. A closed session performance evaluation of his work was added to Tuesday's agenda.

Third District Supervisor and Chairman John Pinches said that at the next meeting on Oct. 21, another closed session evaluation will occur. In addition, salary negotiations won't take place until a future open meeting where the supervisors can discuss the matter in public, and it's not uncommon to have multiple performance evaluations of a county employee, Pinches said.

No official salary determinations have been made in closed session up to this point, according to Pinches, which is legally in accordance with the Ralph Brown open meeting act.

Changing positions from acting county counsel to interim will reportedly increase Losak's salary from $107,390 to $143,291. Pinches said the later isn't locked in until the board discusses the matter in public.

Mendocino County District Attorney David Eyster was the latest county official to come forth during public expression regarding Losak's position Tuesday.

Eyster disputed the difference between the "acting" and "interim" tags and spoke about Losak's involvement with the grand jury reports.

"I've had plenty of my constituents calling me about this, chairman, and I disagree with your evaluation that county counsel's work has been extraordinary," Eyster said.

While standing before the board, Eyster cited Mendocino County Policy No. 41 regarding acting employee assignments and job pay classifications.

According to this policy, Losak's new salary should only be an additional 5 percent of his previous salary, or an increase of $4,881 per year, Eyster said. For any assignment greater than six months, the new salary shouldn't be 10 percent higher than the previous one.

The policy states that "other compensation, normally associated with the higher classification, shall not be granted during any acting or temporary out of classification assignment."

Losak's appointment to interim county counsel is temporary for the duration of up to one year, which would negate Policy No. 41. Eyster questioned on Tuesday whether the interim status was intentional by the Board of Supervisors.

"This county has been using the terms acting and interim interchangeably now for awhile," Eyster said. "There is no interim use in human resources in the County of Mendocino."

In regard to the recent grand jury reports, Eyster said Losak undercut the group by saying that county department heads don't have to respond to grand jury reports. Eyster disagreed, and cited state Penal Code 933, which includes necessary responses from county department heads.

"It's not extraordinary work when you undercut the grand jury," Eyster said.