The Use of Public Resources for Campaign Activity or Personal Purposes

I was astonished to learn that our CEO, Alison Lehman, and County Counsel, Kit Elliot, took it upon themselves to transfer $50,000 of public resources to Gina Will’s Campaign Committee, thus circumventing public Board of Supervisor approval and public comment. Since I believe the transfer of funds was potentially illegal, I penned the following letter to our District Attorney’s office.

Open letter to District Attorney Jesse Wilson

October 18, 2024

Dear Mr. Wilson, et al;

I am bringing to your attention what I believe is a potentially illegal transfer of public funds from the Nevada County General Fund to repay Gina Will’s (Nevada County Auditor-Controller) campaign committee. This transfer was thoroughly documented by attorney, Barry Pruett, in his recent Sierra Thread article, “$50,000 of Taxpayer Dollars to Failed Auditor Candidate’s Campaign Committee.”

On September 6, 2022, Gina Will filed a claim against Nevada County and Diaz for attorney fees in the amount of $49,900 which is $100 less than the amount requiring approval by the board of supervisors.

On December 27, 2022, the clerk of the board of supervisors rejected Will’s claim for attorney fees.

On March 13, 2023, Rob Tribble paid Gina Will’s campaign committee the amount of $80,000 representing attorney fees after losing the litigation.

On April 2, 2023, and after having previously rejected Will’s claim, the County with the authority delegated to county staff by the board of supervisors accepted Will’s claim for attorney fees in the amount of $50,000.

On May 26, 2023, Alison Lehman, county chief executive officer, and Kit Elliott, county counsel, signed a ‘settlement agreement’ to pay Gina Will $50,000, without seeking formal approval from the board of supervisors, in reimbursement for attorney fees in her litigation against Rob Tribble.

On June 13, 2023, the County reimbursed Gina Will’s campaign committee for $50,000 in attorney fees in her litigation against Rob Tribble despite the County having no liability for her legal fees.

I implore your office to open an investigation as it involves the possible collusion of Nevada County CEO, Alison Lehman, County Counsel Kit Elliott, and appointed Auditor-Controller, Gina Will, to use General Fund dollars for a campaign activity or private purpose. 

At the very least, Gina Will should return the $50,000 to the General Fund. Potential criminal actions should be considered against those authorizing the transfer of General Fund dollars, without formal Board approval, for a campaign activity. As an alternative, the resignations of Gina, Kit, and Alison would suffice.

Sincerely, Pauli Halstead

Using taxpayer dollars for campaign purposes is illegal

California Government Code sec. 8314(a) states: “It is unlawful for any elected state or local officer, including any state or local appointee, employee, or consultant, to use or permit others to use public resources for a campaign activity, or personal or other purposes which are not authorized by law”.

Julie Patterson Hunter, clerk of the board, first rejected Will’s claim on December 27, 2022. She then approved the claim on April 3, 2023, under the ‘delegated authority’ of the Board of Supervisors. What communications transpired between the clerk of the board, Alison Lehman, Kit Elliott, and Gina Will that account for this reversal?

County negotiated Gina Will’s legal bills in secret

In an email dated October 18, 2024, Gina Will states, “The Board of Supervisors was aware of the lawsuit (with Tribble) and on March 28, 2023, voted 5-0 to approve the settlement of the claim and authorized the CEO and County Counsel to execute the settlement agreement. The claim was paid by the general liability fund not the general fund.”

I reviewed the agenda for March 28, 2023. The item was not listed. I also watched the video of the meeting. There was no public vote on this $50,000 transfer. Assuming the transfer of public funds was legit, why not put the item on the agenda for a Board of Supervisor vote and public comment? Was all this designed to keep the $50,000 payment out of public purview? If so, it implicates Board of Supervisors in the deception.

At the very least, Gina Will should return the $50,000 to the general liability fund. I would also question the continuing employment of Gina Will, Kit Elliot, Alison Lehman, and perhaps others, who participated in what appears to be an illegal, but certainly unethical use, of public resources. 

Will certainly has sufficient means as a highly paid employee of the County to pay her own legal bills

According to Transparent California, Gina Will’s total pay and benefits for 2023 were $327,524, certainly enough to pay the legal expenses herself. Why then would the county pay the legal bills for her lawsuit in addition to giving her the lucrative job? Marcia Salter, the former ‘elected’ Auditor-Controller’s salary in 2022 was only $277,452. In 2023, Will’s salary is $50,072 more than her predecessor. 

We’ll see if District Attorney Jesse Wilson investigates this matter. The use of public resources in this case certainly seems unlawful.