San Joaquin County pays $375K in discrimination case against assessor Steve Bestolarides

San Joaquin County has agreed to pay $375,000 to settle a disability discrimination case against Assessor-Recorder-County Clerk Steve Bestolarides.

The settlement resolves allegations that the assessor unlawfully reprimanded an employee and denied reasonable accommodations and work opportunities after she requested a disability accommodation.

The case was brought on by Joyce Weber, an auditor-appraiser who formerly worked under Bestolarides.

"I advocated for myself," Weber told The Record. "When you see something that's wrong, speak up. Don't be afraid ... even if it's the government."

In addition to the $375,000 settlement, the assessor's office is required to ensure all managers and human resources personnel are trained on state civil rights laws, with a focus on the appropriate response to a request for a disability accommodation.

Weber filed a complaint with the California Civil Rights Department (CRD) in 2020. In the complaint, Weber alleged that she was unlawfully denied reasonable accommodations for the use of orthotic sandals, which were not in compliance with the office’s dress code.

"While the county ultimately approved the accommodation, this allegedly only occurred several months after the complainant was given a written reprimand, denied an interactive process for accommodating the disability, and the requirement of additional doctor visits to provide information beyond what was contained in a medical certification that had been submitted," the civil rights department stated.

Under California law, an employer is required to interact with an employee to explore all possible means of reasonably accommodating a person prior to rejecting the person for a job or making any employment-related decisions. An accommodation is considered reasonable if it does not impose an undue hardship on the employer’s business, according to the civil rights department.

Weber said she decided to settle her case outside of court to avoid spending years in litigation.

"I didn't want to have that going on in my life for any longer than necessary," she said. "Three years was already enough."

Bestolarides could not immediately be reached for comment.

Board of supervisors previously voted to not discipline Bestolarides

The county hired an independent investigator to look into similar allegations Weber made in a human resources complaint also filed in 2020. The investigation determined that Bestolarides retaliated against her when he reported her to the San Joaquin County District Attorney's Office over discrepancies in taxpayer records she handled.

The findings of the independent investigation, paid for by taxpayers, were presented to the San Joaquin County Board of Supervisors in January 2022. The supervisors unanimously voted to not discipline Bestolarides, even after an employment attorney warned the decision could expose the county to liability.

Prosecutors declined to file charges against Weber after investigating Bestolarides' claims, citing a "lack of evidence that any criminal activity took place."

Just three months later, another retaliation case appeared before the board. This one was brought on by Camille Zapata, who was chief of staff to former District 2 Supervisor Kathy Miller.

Zapata filed 20 harassment and retaliation complaints against District 3 Supervisor Tom Patti, prompting another independent investigation paid for by taxpayers.

The investigation found three claims that Patti retaliated against Zapata for her complaints to human resources about him, violating the county’s equal employment opportunity and harassment-free work environment policies. The full investigation supported 13 claims.

Similar to Weber's case, the board refused to take action. Zaptata resigned, stating that she experienced 16 months of an “increasingly hostile” work environment in her resignation letter. She would have had until spring 2023 to file a claim against the county to initiate a lawsuit. There's no evidence she did.

Weber said she ultimately decided to walk away from a "toxic and hostile" county job she worked for more than three decades. She said she wanted to protect her health.

"I have no regrets about that," she said. "They'd rather just pay money and move on and go to some mandatory training, but they never change their bad ways. Ever."

Bestolarides was appointed assessor in 2015 after terming out as a county supervisor. At the time of his appointment, he did not possess the required assessor’s certificate to be eligible for the position. The supervisors voted him in 3-1 anyway.

Bestolarides was re-elected in 2018 and 2022. His current term ends in 2027. He was paid $189,431 last year, plus benefits.

Record reporter Hannah Workman covers news in Stockton and San Joaquin County. She can be reached at hworkman@recordnet.com or on Twitter @byhannahworkman. Support local news, subscribe to The Stockton Record at https://www.recordnet.com/subscribenow.

This article originally appeared on The Record: San Joaquin County settles disability discrimination case