OFFICE OF THE

DISTRICT ATTORNEY
SACRAMENTO COUNTY
JAN SCULLY
DISTRICT ATTORNEY

CYNTHIA G, BESSMER
CHIEF DEPUTY

ALBERTLOCHER
ASSISTANT DISTRICT ATTORNEY

January 29,2070

Rio Linda/Elverta Community Water Diskict PO Box 400

730

Street

Rio Linda,

CA

95673-3433

Re:

Conflict of Interest Allegation Director Vivien Spicer Johnson

To Whom It May Concem: The Sacramento County District Attorney's Office has received a complaint alieging that Director Vivien Spicer Johnson has a conflict of interest in her position with the Rio Linda/Elverta Community Water District Board because of her newspaper North Country News. Through a check dated October 3I,2Q09, the Rio Linda/Elverta Community Water Diskict paid North Country News $389.50. The memo line on the check stated that it was for "Ads." A North Country News invoice dated October 6,2009, shows a billing to the Rio Linda/Eiverta Community Water District in the amorurt of $389.50 for two ads placed in the September issue. The first ad is noted as size "6.5 x 5.75" for $149.50 on Page 10. The second ad is noted as size "10 x 6" for $240.00 on Page 12. The September issue of the North Country News contains on Page 10 a "Public Notice" for the Rio Linda/Elverta Community Water District. The September issue also contains on Page 12 a letter from Gilbert Tafoya, Interim General Manager, on Rio Linda/Elverta Community Water District letterhead to the Rio Linda/Elverta Chamber of Commerce. The September issue lists Vivien Spicer Johnson as the newspaper's "Owner, Publisher and Managing Editor." Vivien Spicer Johnson was a Director on the Rio Linda/Elverta Community Water District Board at the time the ads were placed and the check was
issued.

SPECIAL INVESTIGATIONS
P.O. Box 749

* Sacramento, Califomia 958 t4 (er6) 874-5897 FAX (916) 874-8238

901 G Sheet

Government Code sectiirn 1090 provides that public officials m.r hot be financially interested in any contract made by them in their ofEcial capacity or by anybody or board of which they are members. The prohibitions of the law applyto all state, county, district, judicial district, and city employees. Any officer or employee found gutlty of willfully violating section 1090 maybe subject to a fine ofup to $1,000, imprisonment in the state prison, and permanent disqualification from public office. The term "willful" does not require that a law was knowingly violated, but that one knew "there is a reasonable likelihood that the contract may result in a personal financial benefit." (See People v. Honig (1996) 48 Cal.App.4th 289,338.) An official with such a conflict may also be held personaliy liable for all costs associated with the contract.
Please respond to these allegations. You may direct your response to Criminal Investigator Kim Clark. She can be reached at the address listed on this letter or by telephone at (916) 874-8939,

Verytrulyyours,
JAN SCULLY DISTRICT ATTORNEY

MICHAEL BLAZINA Supervising Deputy District Attorney

Special Investigations