Reinstated commander still off District Attorney's Office job but back on pension board

The District Attorney's Office has not allowed ousted Cmdr. Tracy Towner to come back to work despite a merit panel's order for his immediate reinstatement, but he has returned to his seat on the Ventura County pension board.

Officials in the District Attorney's Office did not return a reporter's phone calls Thursday to learn why they had not complied with the order from the Ventura County Civil Service Commission. A private attorney representing the agency declined to comment late Thursday because the case involves pending litigation and personnel matters for law enforcement officers.

County Counsel Leroy Smith said the county's position is that the commission's decision is not final until next Monday at the earliest and the effective date could be extended indefinitely depending on action by the courts or the commission.

"We're reviewing the decision and seeing what the next step is," he said. 

The independent commission ordered the county to reinstate Towner to the $174,000 job he lost in April 2018 after finding the county had failed to meet its burden of proof regarding "any of the factual charges" stated in Towner's termination notice. He should receive full back pay and benefits, the commission said. 

"The charges of dishonesty, discourteous treatment of employees, failure of good behavior and action incompatible with and inimical to public service are therefore not sustained," says a written decision and order signed a week ago by commission Chairman James Vandenberg.

The document, which The Star obtained Thursday from the pension board, is consistent with the verbal comments from Towner's attorney following the commission's ruling in late June. It provides the written language of the order and decision for the first time, but most of the contents were redacted under a state Supreme Court decision that says disciplinary cases involving law enforcement officers are confidential.

Towner's attorney, Bill Hadden, said Thursday that he was not releasing the written ruling because it is a confidential personnel document. The commission's legal counsel, Grant Burton, said that even if Towner wanted to waive that right, he may not be able to because other officers in the DA's Office with privacy rights are discussed in the ruling.

The county has argued that the commission should have recused itself and appointed an independent hearing officer because the panel had already found Towner credible in a previous hearing. Hadden, though, has said the decision is still up to the commission. 

The decision to fire Towner was made by top officials in the District Attorney's Office. The agency is part of the tax-funded county government but operates independently in large measure because DA Greg Totten is an elected official. 

Towner rejoined the pension board early this week after an absence of 14 months while his appeal was being heard and decided. He was the elected alternate representative of public safety employees but could not serve after he was fired because he was no longer a county employee.

The pension board — officially called the Board of Retirement — had agreed at his request not to call an election to replace him pending the outcome of his appeal.

Towner was also chairman of the pension board, which oversees a $5.7 billion retirement system that largely benefits county government employees and their families. Trustee Bill Wilson, who has been filling the post in Towner's absence, said he expected the board would vote at its next regular meeting on Sept. 9 to reinstate Towner as chairman.

In a statement that Towner made to the trustees on July 1, a few days after winning his appeal, he thanked the panel and staff of the retirement system for their patience while his appeal was pending, according to board minutes. He said the delays may not be over based on the reception he received when he showed up for work at the DA's Office shortly before 8 a.m. the morning after his victory.

Towner said that after he sat in the agency's lobby for almost two hours, his lawyer was told to contact the DA's outside legal counsel. The DA's attorney said he would respond after receiving and reviewing the commission's written decision, which was pending at the time, according to Towner's statement.

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Wilson said the fact that Towner had been turned away from the DA's Office was not an issue for the pension board.

"We take our instruction from the Civil Service Commission," he said.

Wilson said the fact that the document was heavily redacted was not an issue for the pension trustees either. "All they needed to know is that he was ordered reinstated," he said. 

Smith said the county has 10 days to ask the commission to reconsider its decision, a deadline that elapses Monday. If the county does not file such a motion, the decision becomes final then, he said. The local government has 90 days to appeal the decision to the courts, Smith said. 

Smith declined comment on whether any settlement talks were underway.

Towner, 56, claimed he had been fired for telling the truth about three officers he indicated had collaborated to cheat an employee out of a promotion. DA officials claimed his testimony was dishonest and merited dismissal.

A hearing panel consisting of Vandenberg and Commissioners Alyse Lazar, Don Becker and Patricia Parham voted unanimously to grant the appeal.

Kathleen Wilson covers the Ventura County government, including the county health system, politics and social services. Reach her at kathleen.wilson@vcstar.com or 805-437-0271.