Vote Near on Paying for Rubino’s Defense

Within the next few weeks, the Board of Supervisors is likely to decide a sticky question: Whether to pay the legal fees of former Budget Director Ronald S. Rubino, who faces criminal charges stemming from his role in the county bankruptcy.

Up to now, the board has agreed to pick up the bills of county officials charged with civil violations, but it has declined to defend employees accused of criminal wrongdoing.

In recent weeks, however, several supervisors have expressed support for paying Rubino’s legal expenses.

Rubino, who worked at the county for 20 years before quitting about two years ago, made an emotional appeal to the board in January. With his family members at his side, Rubino denied any wrongdoing and said he’s already depleted his savings defending himself on preliminary court matters.

“I am fighting for my life, my reputation and my family,” Rubino told the board. “It is a fight I can’t afford to lose.”

Rubino is charged with aiding and abetting former Orange County Treasurer-Tax Collector Robert L. Citron’s misappropriation of public funds. If convicted, he faces a maximum punishment of nine years in prison.

In January 1995, the county stopped paying the legal bills of Citron and his one-time top aide, Matthew Raabe, after an investigation indicated that they had allegedly acted illegally in moving around millions of dollars in the county-run investment pool.

Citron, whose risky investment strategies led to the county’s Dec. 6, 1994, bankruptcy filing, later pleaded guilty to six felony counts of securities fraud and misappropriation of funds. Raabe still faces trial on six felony counts.

Despite the board’s policy against paying for officials’ legal bills in criminal cases, supervisors do have the power to make an exception in Rubino’s case, said Laurence M. Watson, acting county counsel.

To pick up his expenses, the board would have to find that Rubino’s actions were performed as part of his county job and that no malice or bad faith was involved, Watson said.

Supervisors William G. Steiner and Roger R. Stanton, whose legal bills will be paid by the county as they fight civil charges against them, have said publicly that they support paying Rubino’s legal bills.

“I still believe the county has an obligation to defend its employees if they performed their duties in good faith and within the scope of their responsibilities,” Steiner said Thursday.

In December, the board voted to pay for the legal defense of Steiner, Stanton and Auditor-Controller Steve E. Lewis. The three officials face civil charges of “willful misconduct” for failing to properly oversee the actions of Citron.

County Chief Executive Officer Jan Mittermeier is expected later this month to propose a general policy covering payment of employee legal expense.