Drown Says He Knew Fund Rules Were to Change

Assistant Sheriff Jack Drown denied Friday that he acted improperly by collecting large sums for his political campaign from members of the San Diego County Sheriff’s Department, saying he knew all along that a department policy barring such conduct was about to be overturned.

Drown said he accepted the money, which represents about three-fourths of the $3,650 he reported this week in his first campaign disclosure statement, only after he was assured by Janet Houts, the sheriff’s legal adviser, that the policy would be reversed.

“When we first started receiving checks, I went to Janet and asked her to look at the matter and to find out what was her feeling here,” Drown said.

“She said the whole thing was under review by the county counsel’s office to be put in compliance with the law. And then she said, ‘It’s going to be changed. I don’t see any problem.’

“So, based on that, we decided to go ahead and keep the checks.”

Houts declined Friday to discuss the situation, but Drown produced copies of two letters between Houts and the county counsel’s office in which the policy was reviewed and a change suggested.

The Times reported Friday that Drown and outgoing Sheriff John Duffy collected thousands of dollars in contributions from sworn members of the Sheriff’s Department or their spouses, all before a longstanding department policy banning such conduct was changed this week.

In finance disclosure forms covering the last six months of 1989, Duffy reported that about 8% of his $25,935 in donations came from sworn members or their spouses. Drown stated that $2,700 of his money came from sworn members or their spouses.

In addition, Duffy accepted $250--the maximum allowable--from Drown before the sheriff quit the race in December. And Drown disclosed that, after he announced that he was running for sheriff with Duffy’s support, he collected $250 each from Duffy and his wife, Linda.

Duffy did not return phone calls to his office.

But some of the other candidates for sheriff, including sheriff’s Capt. Jim Roache and on-leave Escondido Police Chief Vince Jimno, have suggested that the financial maneuvering and sudden policy shift indicate some kind of hidden agenda by Duffy and Drown.

Drown on Friday was visibly angered by that characterization.

“There was no conspiracy with John Duffy,” he said. “I’ve never even discussed this with John Duffy. The whole issue of an alleged conspiracy is the figment of someone’s imagination.”

Asked why he originally donated $250 to Duffy’s campaign last July, Drown said he did so while attending a breakfast fund-raiser for the sheriff.

“He (Duffy) was not aware that any sworn people were invited to the breakfast,” Drown said. “When he found out, he came back and offered me my check back. But I gave him the money back.”

Drown said Duffy did not want any sworn members to think they will receive special treatment if they make political contributions, a practice that Drown said he too intends to follow.

“I’ve never asked anybody for a financial contribution,” he said. “But people have come in and volunteered to help. Some of their checks came in before we even had envelopes.”

Drown said that, at first, his campaign considered returning the money and asking contributors to resubmit it when the policy changed.

“Then we decided not to,” he said.

He said that, although he had read the department’s Manual of Policies and Procedures, he did not immediately recall the provision against soliciting or receiving money from sworn department members and other county employees. After discussing the situation with Houts, he said, she advised him of a letter she had written the county counsel’s office Nov. 16.

That letter draws the county counsel’s attention to the department’s then-in-effect policies banning sworn members from accepting political contributions.

“We would appreciate your reviewing them to determine whether they are in conformance with current state and local laws, ordinances, rules and charter sections,” her letter said.

A Jan. 11 letter from Arne Hansen, deputy county counsel, noted that the government code allows sworn personnel to collect political money from other county employees.

“We suggest that this clarification be added” to the departmental manual, the letter says.

Hansen could not be reached for comment Friday.

The Manual of Policies and Procedures was amended Tuesday to reflect that change, and the first filing deadline for campaign finance reports was on Wednesday.

Roache, who has hired an attorney to review the policy change, said Friday that he is undecided if he now will accept money from sworn members of the department.

“I still find it distasteful,” he said, “because it puts employees of the organization in untenable positions. If they’re approached by ranking officers for political contributions, they’re almost compelled to give it for fear of future retribution.”

However Drown pointed out that Roache, who reported a total contribution of $6,880, did receive a $100 donation from Dianne S. Jacob. Because of her county employment status as chief of staff for Supervisor George Bailey, that donation is a technical violation of the old policy.

“He’s right. I stand corrected,” Roache said. “But you won’t find any deputy sheriffs in there.”