Flynn Told He Must Accept Major Perks : Government: Counsel informs supervisor that an ordinance requires him to take vacation and longevity pay. But critics believe county’s retirement procedures may have complicated the matter.

Ventura County Supervisor John K. Flynn, who announced last month that he would refuse $12,000 a year in perks, has been told by the county counsel that he must accept two of the largest financial benefits.

Counsel James McBride told Flynn that he cannot refuse vacation and longevity pay, totaling $9,456, because a county ordinance dictates that supervisors receive the money.

“The Board of Supervisors establishes a payroll,” McBride said Monday. “They authorize certain payments, and no one individual has the authority to change those payments. . . . You get a salary no matter what.”

However, Flynn can give up his education pay, which amounts to $2,542 annually, because it is considered optional under county code, he said.

Although McBride said he used the ordinance as the basis for his decision, critics believe the county’s retirement procedures may have complicated the matter.

In a legal opinion issued to the county retirement board several years ago, an attorney in McBride’s office found that if the financial benefits are not accepted by all board members, the perks could not be calculated into retirement pay.

“If the county took Flynn out of some of these, it would also affect the others,” said Treasurer-Tax Collector Hal Pittman, who oversees retirement matters for the county. “Even if the other board members got the benefits, they wouldn’t count toward their retirement. . . . It would be a whole new ballgame.”

McBride said Flynn could ask the board to amend the ordinance, allowing him to refuse the pay, or give the money back to the county after he pays taxes on it.

Although Flynn said Monday that he was disappointed with McBride’s ruling, he probably will drop the issue until a citizens panel reviewing county perks completes its study.

If the county won’t deduct vacation and longevity pay from his taxable income, Flynn said he will probably keep the money. But he said he is in the process of having the education pay, which rewards him for having a bachelor’s degree, taken out of his compensation package.

“I’ve been successful on one of the perks, but I can’t do anything about the others,” he said. “My concern is that they will be counted on the total income, and that puts me in a higher tax bracket. It’s to my disadvantage to return it now.

“My only hope is this problem will be rectified on Dec. 15,” when the panel makes its recommendation.

Flynn brought the issue up on Oct. 12 amid controversy over the county’s disclosure that top officials were receiving hefty perks.

The supervisor wrote a letter to county Auditor-Controller Norman R. Hawkes asking him to cut the perks from his pay, reducing his total compensation to about $73,000 a year. Under the current pay-and-benefits package, Flynn could receive about $85,000 a year.

Hawkes turned the matter over to McBride for a legal opinion.

Members of the Ventura County Taxpayers Assn. criticized the county for not allowing Flynn to refuse the perks.

“Obviously, if they keep it mandatory, it would count into their retirement,” Executive Director H. Jere Robings said. “It’s not a big surprise, but it’s a disappointment.”

Board member Ken High added: “At the very least, they ought to amend the ordinance to make it optional.”

But Pittman agreed that Flynn should wait until the panel completes its study before taking action.

“The panel might solve this problem anyway,” Pittman said. “We shouldn’t change things until we hear from them. We should be hopeful that the panel will solve these problems.”