A retired Mendocino County attorney is warning county officials that their proposed Voluntary Separation Incentive Program may violate the California Constitution and expose them to civil or even criminal liability.
In a letter addressed “To whom it may concern in Mendocino County,” Barry Vogel, a retired attorney and counselor based in Ukiah, cautioned the Board of Supervisors, County Counsel, and the Auditor-Treasurer’s Office not to expend public funds on the buyout initiative, which offers lump sum payments to county employees who voluntarily resign.
“No legal authority appears to exist that would justify this effort on a state or local level,” Vogel wrote, calling the plan potentially “career ending.”
Citing several provisions of the California Constitution, including Articles IV, XI and XVI, Vogel emphasized that the state explicitly prohibits the gifting of public funds, including so-called “extra compensation” to public employees after services have already been rendered.
He also invoked California Code of Civil Procedure section 526a, which allows taxpayers to file lawsuits to prevent unlawful expenditures of public money. Vogel noted that Mendocino County faced such a suit roughly two decades ago when the district attorney allegedly misspent asset forfeiture funds on firearms purchases.
According to Vogel, an expenditure can only avoid classification as a prohibited gift if it serves a defined public purpose or the county receives “adequate consideration” in return—criteria that he says are legal, not political.
He concluded the letter by urging County Counsel to request a formal ruling from the state Attorney General before proceeding further.
County officials have not yet responded publicly to the letter.
