Will OCDA Follow Recommendations To Reassign Chief Of Staff?

ORANGE COUNTY, CA — The Orange County District Attorney's Office is hanging on The law firm hired by the county to make sure the Orange County District Attorney's Office implements recommended reforms triggered by the so-called snitch scandal has urged District Attorney Tony Rackauckas to dump the chief of staff position, according to a copy of the report obtained by City News Service Thursday.

The memorandum from attorney Stephen G. Larson, dated Aug. 28, is part of an ongoing review of the changes recommended by the panel of experts Rackauckas formed in July 2015 in response to the scandal involving the use of jailhouse informants.

Rackauckas has implemented many of the suggestions made by the committee with one notable exception, the dumping of the chief of staff position, currently held by Susan Kang Schroeder.

Larson has not suggested firing Schroeder, but rather reassigning her to a new position, assistant district attorney for media relations.

Larson said Schroeder's dual role of spearheading media relations as well as running the unit that cracks down on prostitution has created confusion in the office.

Larson noted that the committee of experts Rackauckas assembled unanimously agree that Schroeder's role as chief of staff was "untenable, in part, because the existence of a chief of staff position within the OCDA is confusing to the prosecutors within the OCDA given that Ms. Schroeder does not fulfill the role normally associated with a chief of staff," Larson wrote.

None of the other senior managers report to Schroeder, who only reports to Rackacukas.

Larson said "her position in the OCDA chain of command may be unclear even to members of the OCDA's office."

Schroeder's role with the Human Trafficking Felonies/Economics Crimes division is muddied further because that unit is headed by Senior Assistant District Attorney Joe D'Agostino, Larson wrote.

Unlike all of the other assistant district attorneys, Schroeder reports directly to Rackauckas instead of his second-in-command, Jim Tanizaki, Larson said.

Schroeder's position "appears to be elevated above the chief (assistant district attorney) role, which sends a counterintuitive message to the prosecutors who work within the OCDA," Larson wrote.

A chief of staff usually "is the person who helps the apex leader of any organization set policy and is in control of all staff," which is the role of an assistant district attorney, Larson wrote.

Schroeder said she needs the title to "get buy-in" from the community to grow the unit that focuses on prostitution, Larson wrote.

In other words, the title "implies power" that other senior management lacks, and that "creates mass confusion among the rank and file OCDA prosecutors and the public, an unclear hierarchy within the OCDA, and allegations -- whether well-founded or not -- of favoritism," Larson said.

Larson acknowledged that Schroeder plays a "vital and important role" within the office and has a "unique background" in public relations and law.

"She certainly has a role to fill within the OCDA, but it should be one that fits within a standard, hierarchical reporting structure such that she is not seemingly elevated to a favored or more powerful position within the OCDA than the chief ADA or even the senior ADAs who run all of the OCDA's various units," Larson write.

Larson said Schroeder should be, instead, director of a new division of Government, Public Affairs and Community Relations. She could still report directly to Rackauckas, but if she remained on the Human Trafficking Unit she would report to D'Agostino, he said.

A spokeswoman for Rackauckas issued a statement that indicated he would not follow Larson's advice.

"District Attorney Tony Rackauckas has complete confidence in his staff, including his chief of staff," spokeswoman Michelle Van Der Linden said.
Larson also red-flagged some potential issues with the department's new ethics officer, defense attorney Ronald G. Brower. Larson cited Brower's decades of experience and his familiarity with all of the office's prosecutors, but he lacks "formal training in ethics compliance" and has not represented any attorneys before the state bar.

"Our overall impression of Mr. Brower was positive," Larson wrote.
Brower appears "truly independent," Larson said.

Larson, however, was concerned that Brower could be dumped without cause, leading some to view the District Attorney has having "some control" over his job. Larson recommended that Brower, who has declined to be paid for the job, could only be dismissed for cause.

Larson also said some prosecutors said they would rather consult with a manager they know when they have an ethics issue, but that would lead some to seek counsel from someone who will tell them what they want to hear.

Larson recommended that a few other top-level managers receive ethics training so prosecutors have options, but that the circle of advisors is smaller and correctly trained.

Larson also noted issues with some law enforcement agencies that are not turning over all relevant evidence as required. That became a central issue in the case against Scott Dekraai, the worst mass killer in the county's history, whose attorneys allege were not given key evidence of an informant who gathered damning evidence against the defendant.

Dekraai's attorneys argued that their client's constitutional rights were violated by the informant, and further digging into the issue exposed similar issues in myriad other gang cases.

The issues in the Dekraai litigation prompted Rackauckas to form the panel of experts. Later, it provided fodder for the judge presiding over Dekraai's case to remove Rackauckas from the prosecution team.

Most recently, the issues with turning over evidence prompted Orange County Superior Court Judge Thomas Goethals to remove the death penalty as an option for Dekraai, who pleaded guilty to eight counts of murder and one count of attempted murder for the Seal Beach beauty salon massacre.

Larson suggested Rackauckas' office have quarterly meetings with law enforcement agency heads to remind them of their obligations in turning over evidence, which, ultimately must get into the hands of defense attorneys as required by law.

In the meetings, Rackauckas' office could remind law enforcement of their obligations and offer more training on the legal issues involving the handling of evidence, Larson said.

City News Service

OCDA Photo