Former San Bernardino County Assessor’s Office Intergovernmental Affairs Director Rex Gutierrez appeared in court today for preliminary hearing on charges of embezzlement and grand theft relating to time card fraud. His case was bound over for trial starting in about 60 days.

Among the witnesses was San Bernardino County Human Resources Director Andrew Lamberto, who testified that Gutierrez’s work hours were determined by his immediate supervisor, former Assistant Assessor Adam Aleman.   Aleman has already plead guilty to four felonies in connection with the scandal, including presenting a false claim, in exchange for his testimony against the remaining defendants.

Lamberto’s assertion appears to be in direct conflict with state law, which does not restrict a salaried employee’s work schedule except for sick leave and vacation time.  The county’s position has been that Exempt employees, such as Gutierrez, defendant Greg Eyler, and all the staff members for the Board of Supervisors (BOS), County Counsel, and the County Administrative Office are in fact salaried employees who are not required to work a set number of hours.  This sudden switch in policy described at today’s hearing by Lamberto will likely result in not only a much more intensive grilling of Lamberto at trial, but also subpoenas being issued to the five Chiefs of Staff to the Board of Supervisors as well as those in the County Administrative Office and County Counsel to explain the disparate treatment of employees covered under the same Memorandum of Understanding and the same California Labor Codes.

There was an interesting side note to today’s proceedings.  The District Attorney attempted to assert that much of this scandal is the result Colonies Partner Jeff Burum’s influence in regards to Gutierrez.  Although it was Aleman’s duty, according to Lamberto, to discipline Gutierrez if he was not meeting work standards, the District Attorney suggested that it was in fact Burum who interceded on Gutierrez’ behalf.

Today’s hearing sets the stage for an ugly conflict between Aleman, the other defendants and all Exempt employees, such as those who work for the Board of Supervisors, County Counsel, and the County Administrative Office, and receive full-time pay for working less than 40 hours a week.  Before this is over we will likely see accusations of time card fraud against our acting County Administrative Officer and the five BOS Chiefs of Staff.  And we hear rumblings of similar malfeasance by district attorney staff at golf fundraisers during work hours that may become part of the testimony at trial.