SJ Supervisors support ethics policy

A challenge to the San Joaquin County Board of Supervisor’s code of ethics was rejected Sept. 13 when the board voted 4-1 to keep the current code of ethics policy in place.

The item was brought before the board by Supervisor Tom Patti, the only one to vote against keeping the code of ethics policy. He also is the subject of a new, confidential investigation of undisclosed allegations — including bribery, according to Patti.

Patti is running against U.S. Rep. Josh Harder, D-10th District, to represent California’s 9th Congressional District in November. Patti said the current code of ethics has led to slanderous accusations against him and political targeting, and new language should be written and “immunized from being hijacked for political motive.”

“The current investigations conducted and the reports prepared under this fatally flawed process lack credibility,” Patti said. “The reports consist of conjecture and hearsay, not substantial evidence, and (I) was also wrongly deprived of a reasonable opportunity to talk to witnesses making these claims.”

County counsel J. Mark Myles said the confidential investigation is set to be discussed at the first board meeting in October — about the time ballots will be mailed to voters. Myles also refuted Patti’s claim that he did not have a proper chance to be interviewed for the investigation.

Supervisor Kathy Miller, who will term out after the November elections, said the only pending complaints remaining in the ethics committee are against Patti. She said the “wholly inappropriate” timing of Patti’s move to suspend the ethics committee is “very suspect” this close to an election. Miller said she believes the appropriate time to revisit the code of ethics would be in January after the newly elected supervisors are in office and should the board choose to do so.

“Suspension or termination (of the committee) at this point can only be seen as benefiting (Patti,)” Miller said. “I believe suspension at this point would be seen by the public as an attempt by this board to favor a sitting supervisor, provide political cover and place our finger on the scale of what is predicted to be a close race in November.”

Catch up: Staffer who filed harassment, retaliation complaints against SJ Supervisor Patti resigns

An attorney for Patti at the meeting told the board that none of the “evidence” would hold up in court and scolded Supervisor Robert Rickman and Board Chair Chuck Wynn — both career law enforcement officials (Wynn retired) — for not knowing better.

“This is not a court, this is simply the board of supervisors,” Wynn said, clarifying that the business of the ethics committee is an administrative process.

Wynn said Patti’s comments about sitting supervisors not being able to express themselves for fear of political retribution is true. Wynn said his approach to public service has been “it’s not about me.” He said in talking to the public and other local elected officials, they do not regard the sitting board highly.

“(They think) this board is dysfunctional. Some have used the term ‘circus,’ some have used the term ‘a joke,’” Wynn said. “It doesn’t please me to hear those comments because I think we all work very hard to attain these positions and do what we can to improve the residents’ quality of life.”

Supervisor Miguel Villapudua — who has endorsed Patti for Congress — made the motion to keep the current code of ethics. Rickman and Villapudua both serve on the ad hoc ethics committee. Both were politically attacked in public comment Sept. 13. Villapudua voiced that he believes Patti owes the public an explanation for his behavior and that any changes to the code of ethics should wait until the new board is seated in January.

“We’re adults, we’re paid by the public. The way we treat each other, we should be an example to everyone, especially to kids, children and everyone in the public,” Villapudua said. “I think we owe it to the public to see this out. We can’t just spend tens of thousands of taxpayer dollars to just throw it under the rug.”

“Since I’ve been here, I’ve seen the ongoing personal attacks,” Rickman said. “When we’re up here representing the county, we have to do better.”

Patti censured, ethics report remains private

Patti has also been the subject of an ethics investigation regarding his behavior toward Camille Zapata, former chief of staff to Supervisor Kathy Miller. Zapata resigned from her county position in April after the board declined to accept three sustained findings that Patti retaliated against her.

ICYMI: San Joaquin County Supervisors do not accept retaliation findings against Tom Patti

Zapata had filed more than 20 complaints of harassment and retaliation against Patti. The full investigation by TK sustained 13 claims, 10 of which were referred to the ethics ad hoc committee to evaluate potential violations of the Board of Supervisors Code of Ethics. The ethics ad hoc committee's findings were discussed at the Sept. 13 board meeting. Patti left the room before the board voted on the ethics committee’s findings.

The committee was unable to come to unanimous conclusions on any of the 10 complaints against Patti. The full investigative report has not been released to the public. The board voted 3-1 — Rickman voted no — to accept the private investigative report and censure Patti, finding that during his dealings with Zapata, as reflected in the report, he violated the code of ethics. A censure is a formal expression of disapproval.

Two ethics complaints filed by Patti against Miller were also discussed at the meeting. The complaints — one about Miller’s claims that Patti was politicizing a COVID-19 discussion, and another about a tweet regarding vetoing proclamations — were both found to have not risen to the level of an ethics violation.

Record reporter Ben Irwin covers Stockton and San Joaquin County government. He can be reached at birwin@recordnet.com or on Twitter @B1rwin. Support local news, subscribe to The Stockton Record at recordnet.com/subscribenow. 

CORRECTION: Sept. 19, 2022

Incorrect information was included in the print and initial online version of this story. The error has been corrected.

This article originally appeared on The Record: SJ Supervisor support to continue ethics investigations