District Attorney Aiding Grand Jury in Branch Probe

Orange County prosecutors are assisting the grand jury in an unusual investigation into whether misconduct findings against County Recorder Lee A. Branch warrant his removal from office, sources confirmed Wednesday.

The district attorney’s help was requested by the grand jury after the Board of Supervisors last week upheld allegations of sexual harassment and gross mismanagement leveled against Branch by his employees.

Officials with the district attorney’s office and grand jury foreman Frank Kroeger declined to comment on the matter Wednesday.

But other top county officials said that a copy of a scathing report by the county personnel department on Branch’s conduct and management practices was turned over to the grand jury last week. The grand jury then contacted the district attorney’s office.

Branch, who has denied any wrongdoing, could not be reached late Wednesday to comment on the district attorney’s involvement. But earlier Wednesday he affirmed his decision to seek a fifth term in office.

Branch’s attorney, Lloyd Charton, said he had not been informed of the district attorney’s participation in the grand jury investigation.

“I can’t imagine what possible reason to have prosecutors become involved,” Charton said. “It’s unfortunate that some people have nothing better to do.”

County officials said the involvement of the grand jury and the district attorney’s office was necessary because Branch, an independently elected official, has refused to submit his resignation in the face of the misconduct findings.

Short of losing a bid for reelection in June, Branch, 57, can only be recommended for removal by the grand jury.

The Board of Supervisors, lacking authority over Branch’s office, last week publicly condemned the recorder’s behavior and referred the matter to the grand jury.

Officials have said that the removal proceeding is rarely used and that it could be the first time the board has called on the grand jury to consider removing a public official from office. The proceeding is not considered a criminal matter.

The county personnel investigation focused heavily on Branch’s office romance with department supervisor Nancy L. Smith. Investigators said that Branch’s favored treatment of Smith created such a hostile work environment that at least nine employees sought medical or psychological treatment for stress and depression.

Smith has denied that she benefited from any special treatment.

Investigators also found that Branch made lewd comments to another female employee, allegedly suggesting a possible sexual liaison.

County officials said the grand jury is proceeding even though it is unlikely that such an inquiry can be completed by the June election because of its “complexity.” The county personnel investigation took nearly three months to complete.

“This is just one more politically motivated attempt by the supervisors to try to convince Mr. Branch not to seek reelection,” Charton said.

In other developments Wednesday, employees in the recorder’s office said that Branch has been meeting with workers in small groups. The meetings were described by one worker as “warm and friendly,” with Branch pledging to open office communications and deal more directly with office problems.

“He’s definitely not going to leave,” said one employee, who asked not to be identified. “He thinks he will win the election.”