Probe of Duffy’s Outside Income Sought

Charging that San Diego County Sheriff John Duffy has been “untruthful and secretive,” an attorney for a law-enforcement organization said Monday that he will file a formal complaint asking the state Fair Political Practices Commission to investigate whether Duffy’s income as a private consultant should have been declared on state economic disclosure forms.

Meanwhile, the chairwoman of the county Board of Supervisors and two prospective candidates in next year’s sheriff’s race said they were disturbed that Duffy is spending time earning extra income while the Sheriff’s Department is beset with severe fiscal and management problems.

“The sheriff is elected to be the manager of the department,” said Supervisor Susan Golding. “And the problems over the last year in the department are problems that need to be solved by the man in charge.”

Candidate Ray Hoobler said Duffy is knowledgeable about law enforcement but should not use that expertise as a paid consultant for private companies outside this area.

“I would think he should use those talents to improve the system in San Diego County,” Hoobler said. “That’s what he’s getting paid for, and that’s what he ought to be doing.”

The Times reported Sunday that Duffy, who has said he intends to seek a sixth, four-year term as sheriff next year, has worked for two private consulting companies in recent years involving trips to Washington and to Arlington, Tex.

Duffy has not listed the income from those firms in his annual state economic-disclosure forms. In press interviews he has denied having outside income and has kept the consulting work secret even from some of his top staff.

Duffy did not return phone calls Friday or Monday. In a television interview earlier this year, he contended that he had no outside income and that he only drew his salary as sheriff.

That inconsistency is prompting a formal complaint from Everett Bobbitt, an attorney for the Deputy Sheriffs’ Assn.

Emphasizing that he was filing the complaint as a private citizen, and not on behalf of the DSA, Bobbitt said he was insulted by the sheriff’s apparent lack of truthfulness in saying he has no outside income.

“It bothers me about his credibility,” Bobbitt said. “If he has outside income and is a part-time sheriff, then we as voters should know that in order to make an informed choice at election time.”

Bobbitt noted that Duffy harshly disciplines rank-and-file deputies who are accused of lying to their superiors or the public. He said the same standard should apply to Duffy.

“If he is untruthful, that is a violation of his strict policy which he enforces against his own deputies,” the lawyer said. “And it’s fair to say John Duffy has been uncompromising about untruthfulness when making discipline decisions against deputies.”

He also said he is filing the complaint with the FPPC because Duffy’s failure to publicly disclose the outside income in his Statement of Economic Interests form may be improper.

Sandra Michioku, a spokeswoman for the FPPC, said Monday that any complaint about the matter will be thoroughly investigated.

Another FPPC investigation earlier this year ended with a public admonishment for Duffy for failing to disclose his share of a private, $36,000 loan regarding the ouster of state Supreme Court Chief Justice Rose Elizabeth Bird.

“Something like this, until we get the complaint, it would just be too awkward for me to comment on it,” Michioku said Monday.

Duffy’s failure to list the outside income could also be a violation of the county’s separate Conflict of Interest Code. Steve Casey, a spokesman for the county district attorney, said his office’s Special Operations division may decide this week whether it will review the matter.

Golding, who has been sharply at odds with Duffy on many recent issues involving the management of the Sheriff’s Department, said the Board of Supervisors is concerned that problems are mounting within the department, and that many of them are not being properly addressed. She pointed out the recent grand jury investigation that documented inmate abuse by deputies, the continuing crowding in the jails and the few funds available for jail construction.

“We obviously have some problems here that need to be addressed,” she said. “I think the sheriff is very capable of solving those problems, but he needs to pay attention to them.”

She said it is especially frustrating when the sheriff doesn’t devote his full energies to solving San Diego County problems.

“What bothers me,” Golding said, “is that the sheriff has said he would be giving his personal attention to the operations of the jail, particularly in light of the critical grand jury report that came out.

“Now, there’s no question that you can do your job when you’re not on the site a certain period of the time. At some point, everyone is away physically for a while. But, if you are away too much, you can’t give that kind of close personal supervision that you normally would be giving.

“And that concerns me from the standpoint of the budget. If the management isn’t effective and efficient in the Sheriff’s Department, then it costs us more money.”

Hoobler, a former San Diego police chief who has announced his intention to oppose Duffy next year, said he was particularly bothered by the fact that some of the sheriff’s top commanders were unaware of Duffy’s work away from the county.

“That would tend to indicate he didn’t want people to know where he was,” Hoobler said. “It’s all right if you’re going to delegate responsibility and authority. But that’s not happening here.”

“He should be setting the standards,” Hoobler added. “Instead, his absenteeism is going to be the No. 1 issue of the campaign.”

Vince Jimno, the police chief of Escondido who is expected to announce his candidacy soon, said he is concerned about Duffy’s image.

“I think an image of accountability is important for a public official,” Jimno said. “A public official, especially in law enforcement, needs to maintain credibility at all times.

“I think our public officials need to be held accountable and need to be reminded that the taxpayers are really the ones to be served.”

A third potential candidate, Jim Roache, who is a member of the San Diego school board and a captain in the sheriff’s Lemon Grove Station, was out of town Monday and could not be reached for comment.