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Anderson warned by AG on political activity
February 28th, 2008, 2:13 pm · 26 Comments · posted by Peggy Lowe
Assistant Sheriff Jack Anderson broke the law when he appeared before the San Clemente City Council in November to try to dissuade them from endorsing former Lt. Bill Hunt for sheriff.
That’s the word today from California Attorney General Jerry Brown’s office. But Anderson was only warned in a letter that said he clearly was taking political action during that public meeting because he was dressed in full uniform, including his gun.
Because Anderson was told to wear the uniform by his superior — then-Undersheriff Jo Ann Galisky — and he didn’t intend to break the law, the AG decided to issue the warning. In the letter written by Gary Schons, Senior Assistant Attorney General, Anderson was also “advised and directed” to refrain from such political activity in the future and make sure everyone else in the department does so as well.
– Peggy Lowe
“In this regard, you should remain mindful that the term ’political activity of any kind’ should be given the broadest possible interpretation to guarantee the effectuation of the intent behind the law, which is to avoid potential governmental interference in, or intimidation of, the democratic process,” Schon’s letter said.
The letter was triggered by a complaint filed by Tim Whitacre, a Hunt supporter, after Anderson appeared at the Nov. 20 meeting. Despite Anderson’s remarks, the city council endorsed Hunt, who is still popular in that city after serving as its police chief. Galisky was in charge of the department at that time, appointed by Carona, who was on his self-imposed 60-day leave to spend time defending his federal public corruption indictment.
During his remarks, Anderson reminded the council of its contractual relationship with the sheriff’s department, which provides services in the coastal town. He also mentioned the low crime rates in South County and quoted departmental surveys that say most people who live there feel safe.
Anderson also urged the council against endorsing anyone and denied that he wanted to criticize Hunt. But because he was in uniform, the remarks were interpreted as being made on behalf of the sheriff’s department, Schon’s letter said, and implied that police services to the city “would be in jeopardy” should the council endorse Hunt.
Anderson’s appearance constituted “political activity,” which violates a state law that bars such work by government workers, Schons’ letter said.
“While as with any private citizen, you had the right to address the city council and oppose the resolution (or any political matter) on whatever grounds you saw fit, you did not have the right to do so in the uniform of a public law enforcement official,” the letter said.
Read the entire letter here.
4 p.m. update — Just heard back from both Anderson and Hunt…Anderson’s office released this short statement:
“I recently met with Mr. Schons to candidly discuss the matter and I am in receipt of his letter. Mr. Schons correctly noted that my intentions were in good faith. I have always understood it to be perfectly appropriate to appear before legislative bodies such as the Board of Supervisors or a city council while in uniform regarding matters of public policy involving the Sheriff’s Department. I appreciate Mr. Schons’ advice and will be guided accordingly.”
Hunt called the incident “unfortunate” and part of “a long list of futile attempts to attack my character and my reputation.”
“Clearly they were thinking polticially and that’s what sent him down this road,” Hunt said.
Hunt also felt like Anderson’s action — clearly assisted by Galisky — are more echoes from the Carona administration.
“The danger is we go right back down the road we were on with Mike Carona. This is an extension of that same group of people doing the same type of thing to serve their own political ends and when they get caught they say, ‘Whoops, I didn’t know,’” Hunt said. “Jack learned well but he should have been paying closer attention to the end.”
Hunt also told me he’d like the other possible violations mentioned in the letter to be pursued (page 5, first paragraph.)
Although he dodged any criminal problem, Anderson’s violation may still be the subject of a civil lawsuit or another proceeding that could result in removal from office, the letter said. Also unresolved is whether Anderson used county resources for his appearance, which could be another possible violation.
– Peggy Lowe
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DENA BUNIS, Washington bureau chief, 202-628-6381 or dbunis@ocregister.com
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Oppps….add several more zero’s to Lt. Bill Hunt’s settlement check…now Anderson and Galisky are part of Hunt’s damage claim towards Carona….read carefully about the section regarding civil exposure. Anderson was there at the direction of Galisky in uniform to influence a political decision…$$$$$
BOS please stop this, and select the person voted #2 for the position of Sheriff, Hunt….
Moorlach & Norby since your so fiscally responsible, gather your beans and start counting. This whole thing is wrong, make it right!
A sheriff broke the law while in uniform? Wow, what the heck is new? This should be in the norm section.
You gotta admire Hunt’s moxey. First America’s Sheriff tires to tear him down and he ends up indicted. Then Carona’s parting gift to the county tries to kick Hunt around and winds up in trouble with the law himself! You can’t make this stuff up. I guess Hunt has his own version of pay to play up his sleeve and it looks like Carona and his pals are on the losing end of that one too. You’d think they’d learn after a while and leave the guy alone. What are they so afraid of anyway? As far as I can tell all he’s ever done is tell us the truth! I agree with Know em all, the Board of Supervisors better be paying attention, Carona and his pals are going to make Hunt sheriff or very rich. You keep em coming Jack!
Carona loyalist and high school dropout Galisky tells Carona loyalist and college dropout Anderson to break the law. Anderson blindly does - in the Tijuana bus driver uniform of the now disgraced Orange County Sheriff’s Department command staff no less! Galisky used to be Anderson’s boss. Now Anderson is Galisky’s boss, so obviously no one will recieve discipline. It would be funny if it wasn’t so pathetic. OCBOS, please don’t saddle us with this train wreck.
HAHA. Proof positive is pays to be stupid by getting off with a warning because he didn’t believe he had done anything wrong. In the alternative he lied to the AG and DA. Just a chip off the ol’ block.
Timeline:
On November 17th, 2007 - Anderson speaks before the City Council of S.C.
On November 26th, 2007 - Hunt announces his campaign open for Sheriff.
On January 14th, 2008 - Anderson becomes Interim Acting Sheriff
On January 14th, 2008 (pm) - at the Republican Central Committee Meeting, Whitacre tells Anderson he would be supportive of him if it wasn’t for Hunt. That if Hunt wasn’t chosen, Whitacre hoped Anderson would get the job.
January 15th, 2008- Whitacre files complaint with the AG
Questions:
Why did Whitacre wait two months to file his complaint? If it was legit, I would have expected it immediately, not to hold onto it for 2 months UNLESS the real reason for filing the complaint was to make it a smear tactic. It’s all about timing, huh Tim?
How is it political when Hunt didn’t announce his campaign for Sheriff until November 26th, 6 days AFTER Anderson spoke to the City Council?
Why would Whitacre try to suck up to Anderson and then file the complaint the next day? So sincere and ethical Timmy boy!
This is more about trying to elevate Hunt than anything else. Since Anderson is so sqeaky clean and honest, they don’t have anything on him. I’m sure they will really play this up and maybe even start making things.
Good luck, but it won’t help. Anderson will still be appointed to the position of Sheriff. He is the right person for the job.
Hold on there Loyal2theRepublicanEstablishment! Let’s not hijack the subject AND the beauty of the AG’s letter. First off. Peggy, T-Rack concurred with the findings of the AG so both the Attorney General’s office and the Orange County District Attorney’s office are of the opinion Anderson broke the law. Rackauckas has primary responsibility to prosecute Anderson. Like Sam said below , “It pays to be Stupid”. So let’s pick apart the AG’s letter: Penal Code section 424 talks about misuse of public money. Anderson obviously learned a thing or two from his self described mentor Carona. Then we see at page 2 that Anderson “THREATENED” ( more than once) the delivery of law enforcement services to the City of San Clemente. The dude was in full uniform with a side arm. I’d be surprised he didn’t have his sweaty palm on his gun when he was talking to the San Clemente City Council. He says: “What law enforcement services is the council not receiving that warrants this letter” (e.g. You don’t need Hunt) And, the proposed letter “injures your partner in public service”. Least of all you’all in the City Council better “Carefully reflect” if the letter serves your constituents. Dang. Is this Dodge City? My favorite part is where Anderson tells the City that it is is furthering a “political agenda” yet he tells (lies) to the AG that he in good faith believes that it it was a policy decision of the Sheriff’s Department to show up at the City Council meeting. At the end of the day the AG agrees that there is a serious moral problem with the Department and decides to let Anderson off with a warning. Funny thing is…Anderson’s claim to the City Council that Hunt did not meet the legal qualifications to be Undersheriff. The AG and Rackauckas state: “This is clearly erroneous”. We need to clean out the Carona ilk out of the department. That includes Anderson and “Ms. GED” Galinski along with any republican activist clowns that think they know what’s up.
Enjoy it while you can boys, it won’t last for long. It’s just a bump in the road. I’m sure the Huntistas are happy. Anything they can do to tear the department down, they rejoice in. Sad little people.
First Captain Christine Murray, also warned in a letter by the AG, now Acting as Sheriff Jack Anderson, also warned in aletter by the AG. Both Carona appointees and both refusing to follow a department wide memo to all regarding activity on duty, in uniform and off duty when related to political campaign or endorsement - Never do so on duty or in uniform and always make clear you are not representing the department.
As always, ignore the law when it serves their political agenda, get the hand slapped, say I will be guided accordingly and move on.
It finally caught up with Carona but his legacy remains in power until the Board does the right thing and brings in new leadership. Until that happens the abuse of power continues.
Lets not forget all the politicking Hunt and his boys were doing during the 06 election. I’m sure warnings could have been sent to several people. This is a whole lot of nada. But I guess if it makes people feel better so be it.
Actually Obi Wan, “Hunt and the boys” - (there were women too) - were well educated about what they could and should not do. In other words they were responsible and within their legal rights - as usual.
That didn’t stop the the administration from attempting to rail road one or two with erroneous internal investigations. No violations found - as usual.
And now we have our (temporary) leader investigated by another agency and violations found - as usual.
The men and women of this department and this county are tired of the usual crooked leadership. We expect the Board of Supervisors to steer clear of this once and for all and bring us someone who stands for ethics and integrity.
In fact, “Hunt and the boys”, whcih means everyone from inside the agency who dontated to his campaign were investigated by the DA’s office in 2006. When all was said and done, just like all of the other allegations levelled against Hunt by Skippy and his crew, the allegations were unfounded. The press didn’t report it but that’s what happened.
Let’s not forget who initiated that investigation, Captain Christine Murray, another in a long list of Carona loyalists now convited of breaking the law.
Obi Wan, don’t you get sick of defending crooks and crooked politicians? What is it you and your Carona cohorts fear? The truth? Accountbility? Hunt has talked the talk and walked the walk, on both counts.
You keep em coming Jack! Headlights on! Heandlights on!
This just in from the Times:
John M.W. Moorlach, chairman of the Board of Supervisors, said he hoped Anderson would learn from his mistake. He would not say whether he thought it would affect Anderson’s candidacy.
“I think there’s room for a little grace on your first infraction,” Moorlach said.
Classic! And we wonder why there is no accountability in the Sheriff’s Department. Isn’t this the same guy that feigned indignation when Bob Citron was bereaking the law? But there always seems to be plenty of room for grace with Carona and Jack!
Hey Moorlach, doens’t your license plate read Chicken Little? Maybe Carona can make you a new one that reads Little Chicken while he’s pounding out plates in the pen.
Keep em Coming John and Jack! Headlights on! Headlights on!
Yeah Pay to Play. There’s always room for grace after threatening a City while wearing your sidearm with the denial of efficient police services for endorsing a critic of a soon to be felon.
More than anything I’m furious with the Board of Supervisors for putting us threw this ongoing mess. The Sheriff’s Department should already be on the road to recovery, instead we’re reading about more scandals and political maneuvering from Corona underlings…..and the Board let’s it happen! It’s absolutely outrageous! They are playing God with with an ELECTED position. Everybody should angry!
It’s all very clear; Corona was elected by the majority of Orange County citizens. He’s no longer an option. Well, who received the second most votes? Bill Hunt. By a great margin. So given this fact, doesn’t it make sense (to those that have it) for the Board to appoint Mr. Hunt?Isn’t this what most people in Orange County wanted during the last election and probably want right now? Instead the Board is spending our tax dollars to do a nationwide search that could take six months or more. And for what???? To find somebody that has no track record in O.C., we know little or nothing about and won’t have the opportunity to vote on. You gotta be kidding.
I suggest everybody mail a letter, call or e-mail all the Board of Supervisors to explain to them what their jobs are; TO REPRESENT THE PEOPLE.
Hey Moorlach, those who don’t learn from history are doomed to repeat it. Did Anderson’s mentor Mike Carona “learn form his mistakes?” He’s still claiming he’s innocent!
Anderson is not officially holding any office with the Sheriff’s Department except by the grace of the complicit Board of Supervisors who are allowing him without any challenge to serve as Carona’s chosen replacement. They should remove him from the acting sheriff position immediately for violating the law.
Sammy, you’re being ridiculously dramatic. He didn’t go down waving his gun, and/or making any threats. In fact, the city council never complained about Anderson’s conduct. It was a political supporter of Anderson’s opponent. That alone tells you all you need to know.
Hey Obi. It might sound a little dramatic but I think it is factually correct. I don’t know if it matters how it got to the Attorney General as much as what the Attorney General had to say. I have never heard that Anderson had threatened the City of San Clemente until I read the Attorney General’s letter. The City Council probably didn’t complain but I think Anderson’s conduct had a effect on them because they defered their vote that very same day.
Sounds like Gary Schons is playing this whole thing up politically too. What is his agenda??????????
This really is the OC with way too many lawyers involved in the sheriff’s department.
Looks like all Anderson did is go down to San Clemente and tell them that the sky is not falling. The public is safe.
At the time there was no opening for ’sheriff” and for them to start running around like chickens was a bit premature. Hunt at that time was not running for sheriff.
Seems like theres way too many lawyers getting rich off of our taxpayer money and off the our police officers.
All of the negativity, once again, is coming from Hunt’s camp. They are notorious for completely exagerating anything and everything. They want their man in sooooo bad they will do ANYTHING to accomplish that goal.
I disagree with the A/G that it was political. It was not. Hunt opened his campaign for sheriff about a week AFTER Anderson went down to San Clemente.
I’m guessing most of the rants above are Whitacre, trying to turn a molehil into a mountain.
Wrong guess Loyal2. No allegiance to Hunt what so ever and don’t know who Whitacre is. I just voted for Hunt in the last election because I knew he was a better candidate than Corona. I’m going to go out on a limb and suggest I WAS RIGHT.
Must be lonely trying to defend an indicted Sheriff and his friends. I’m guessing you’re one of them.
You guys crack me up! You are so worried about whose sh|t stinks less you keep forgetting about the rose that is going to emerge from this pile! Ralph Martin is putting the finishing touches on his acceptance speech and practicing his, ‘I can’t believe you chose me’ face right now!
It’s amazing how Moorlach dismissed Jack’s “infraction”….Also, here is proof Dave Lopez is/was a pawn/punk for Team Carona…Where is Lopez now????
Come to think of it, I’m going to have to agree with what some have said that the OCBOS should get of their arses and DO SOMETHING! I mean really the theory in trying to get Carona to resign was to bring some normalcy back to the Department for the sake of the Department and the public. Now what do we have? Two Carona clones doing the same bandini. It would be almost funny if it weren’t so absurd.
to: Thinking Irrationally
Nope, wrong! I’m not one of them. And you were also wrong out there on your limb. You really don’t know who Bill Hunt is, do you? Did you ever work with him? I did. I know who he is and what he’s done. Pass!
Looking forward to good things coming from Anderson’s Administration.