FPPC Probing Duffy’s Report of Lawsuit Loan

The state Fair Political Practices Commission has opened a formal inquiry into whether San Diego County Sheriff John Duffy properly reported a $36,000 loan from three close supporters to cover his costs in a lawsuit over the ouster of Rose Elizabeth Bird as chief justice of California.

“We’ve got an open file,” Sandra Michioku, spokeswoman for the FPPC in Sacramento, said Tuesday. “We’re going to review it. But there’s no determination yet whether there’s been a violation of law.”

At issue is whether Duffy attempted to circumvent state law by omitting the loan from his 1988 Statement of Economic Interests.

Report Quickly Amended After Inquiries

He filed that report March 24, then quickly amended it to reflect the loan once a newspaper reporter began interviewing the three lenders.

While the FPPC is reviewing whether any civil violations were committed by Duffy, the county district attorney’s office announced Tuesday that it has decided not to pursue a criminal investigation into the matter.

“We have looked at the statement,” said Steve Casey, a spokesman for the district attorney.

“We have looked at the document and the amendment. And we’re sending a letter to the FPPC stating that at this time we see no basis for us to conduct a criminal investigation and that we don’t propose to do so.”

Casey added that his office would rethink a criminal investigation only if the FPPC turned up information suggesting criminal wrongdoing. “We then obviously would reconsider,” he said.

Maximum Penalty of $2,000 per Infraction

Michioku refused to discuss specifics about the FPPC investigation, except to say it could be one to two months before it is completed. Should Duffy be found guilty of violating state reporting laws, he would face a maximum penalty of a $2,000 fine for each infraction.

Duffy could not be reached for comment Tuesday. A sheriff’s secretary said he was in Sacramento attending a law enforcement ceremony.

The sheriff and one of his lieutenants, John Tenwolde, were ordered to pay the $36,000 in legal fees after losing a lawsuit filed by the American Civil Liberties Union that accused them of improperly using deputy sheriffs to pass out cards urging the removal of Bird.

To pay those fees, they obtained the $36,000 loan from three members of the San Diego County Honorary Deputy Sheriff’s Assn.--William Cowling II, Charles Cono and the late Arthur Bloom.

Cowling and Cono, in interviews last month, insisted that the loan must be repaid in one lump sum in July.