Bennett Won’t Resign From Tax Board : Government: He chooses to await attorney general’s opinion on whether fraud conviction requires him to leave. But he won’t commit to following it.

William M. Bennett refused Tuesday to resign from the State Board of Equalization post he has held for 22 years, saying he will await a state attorney general’s opinion as to whether his misdemeanor conviction for filing false expense reports requires him to go.

Bennett, 74, did not commit himself to resign even if Atty. Gen. Dan Lungren expresses the view he must, but he said in an interview he would consider doing so.

At a meeting of the five-member board Tuesday, Bennett turned down requests from the two Republican members that he refrain from participating in the board’s work of hearing tax appeals pending a decision.

Motions by the Republicans, Matt Fong and Ernest J. Dronenberg, asking that the full board take up the matter immediately were rejected on a partisan 3 to 2 vote, with Bennett joining the other Democrats, chairman Brad Sherman and member Windie Scott, in voting no.

On Feb. 21, Bennett pleaded no contest in Sacramento Municipal Court to a charge that he had put in a false claim for reimbursement for the costs of meals and a hotel while attending a board meeting when, in fact, he had returned home to Marin County.

He was fined $1,000, placed on probation for a year, ordered to make $5,500 restitution to the state and to perform 200 hours of community service.

As part of a plea bargain, the Sacramento County district attorney dropped a 23-count felony complaint that had accused Bennett of improperly collecting thousands of dollars in other hotel, meal and travel expenses.

“They want to throw the book at me for a single misdemeanor involving only $282,” Bennett said Tuesday.

A spokesman for Gov. Pete Wilson has contended that state law requires Bennett to resign, since the offense was committed in connection with his official duties.

At the meeting Tuesday in Los Angeles, Fong and Dronenberg contended that taxpayers making appeals to the Board of Equalization would be given the wrong message about having to comply with the law and pay their taxes if a member convicted of defrauding the state was allowed to continue hearing their appeals. The Republicans suggested that the board discontinue all its hearings until Bennett’s fate is decided.

Chairman Sherman, however, said that 50 people were waiting to have their appeals considered and it would be unfair to them to discontinue proceedings for weeks or months while the matter was resolved.