Pointed Pay Reminder Irks Assessor Candidates

Some candidates hoping to replace Assessor Bradley L. Jacobs are unhappy over a recent letter sent by the county’s top lawyer reminding them that the Board of Supervisors is now free to cut the assessor’s salary.

The seven candidates for the office each received a certified letter from County Counsel Laurence M. Watson in recent days informing them that, based on the board’s action in February, the assessor’s salary can be cut based on job performance. The board has been feuding with Jacobs for three years.

The obvious message, according to several of the candidates: Play ball with the board or your pay could be sliced.

“It’s a threat to anyone who might become assessor,” said Webster Guillory, Jacobs’ chief deputy who supports his boss in the board feud. “They’re saying, ‘Do it our way or else.’ ”

Candidate James Bone, a tax consultant from Mission Viejo, said he initially chafed at the letter’s implication for an office that is required by the state Constitution to be independent.

“It only took me a day to get over my anger, but I thought, ‘That’s just going to continue the war,’ ” Bone said.

Supervisors Chairman Jim Silva, who opposed the board’s February vote, said the letter could be viewed as a threat “and I don’t support that.” The board majority voted in February to notify all candidates for the job about the potential salary change.

The standoff between Jacobs and the board began in 1995 when Jacobs refused to participate in applying for a $6.8-million state loan available to counties to help process property-tax appeals. The loan converted to a grant if certain conditions were met, as they were for more than 40 counties that applied for the money.

For three years, Jacobs refused to participate in the loan program, a requirement for the county to receive the money. Doing so would expose the county to possibly having to repay millions of dollars, and would improperly make the assessor a revenue agent for the county, he said.

Supervisors repeatedly attempted to persuade Jacobs to change his mind. In February, the board voted 3 to 2 to give itself the power to cut the assessor’s salary. Silva and Supervisor Tom Wilson voted no, saying they were uncomfortable with the precedent.

Several assessor candidates said Tuesday that they were given a copy of the board resolution when they pulled candidacy papers. They agreed that supervisors should be able to cut the pay of an uncooperative elected official. They also said they would take the state loan if elected.

“That’s the real world,” said county appraiser Larry Bales.

“Making the office more efficient is a goal of the board, and that’s a legitimate goal,” said Thomas Sacco, a financial manager for the county.

Real-estate appraiser Jeff Scott Reid said he viewed the letter as a “you-need-to-know-this” statement but also understood how it could be viewed as a message to candidates that they’d be expected to take the state funds if elected.

Steve Grimm, a deputy appraiser for the county, agreed that the board was attempting to “bully us a little” by the letter. He said he’d be willing to reevaluate Jacobs’ position on the state money but would need more information.

Irvine attorney and business consultant Bruce Peotter said the board is attempting to undermine the independence of the office by its repeated reminders to candidates about who controls the salary. He echoed some of Jacobs’ concerns about accepting the state money.

Bone proposed a solution to the stalemate: Amend language in the state’s revenue and taxation code to allow either the assessor, or the assessor-elect, to participate in the state loan application. The deadline for applying is Nov. 1; Jacobs’ term ends next Jan. 3.