Posted by Lurker, a resident of another community, on Dec 8, 2012 at 5:38 am
Maltbie was caught accosting a decoy police officer posing as a prostitute but James Fox never charged him... Hmm.. If you work for the County, seems like you always skate.
San Jose Mercury News (CA)
April 29, 1993
Edition: Alameda County/Am
OFFICiAL ACCUSED OF SOLICITING POLICE DECOY
S.L. WYKES AND DAVID BANK, Mercury News Staff Writers
In a closed session today, the San Mateo County Board of Supervisors will
discuss its response to a sheriff's department report alleging that County
Manager John Maltbie attempted to solicit an undercover policewoman posing as a
prostitute. But supervisors said Wednesday they still have confidence in Maltbie
and don't expect him to resign.
In a detailed report released Wednesday, San Mateo County sheriff's deputies
said Maltbie parked near an adult bookstore in unincorporated Redwood City last
Thursday, asked the decoy if she was "working" and suggested she get into his
car. Maltbie, who was not arrested, was identified later by the license plate on
his 1988 Acura Legend and in a photographic lineup by the detective who acted as
Maltbie denied the allegations Wednesday but refused to answer questions about
events surrounding the incident, which took place during a scheduled undercover
operation that resulted in six arrests.
District Attorney Jim Fox said Wednesday that the conversation between Maltbie,
46, and the decoy officer did not show the specific intent to request sex in
exchange for money that prosecutors need to press charges.
''I know I did nothing wrong," Maltbie said in an interview in his county
office. ". . . Anybody in my position makes enemies along the way, but I don't
want to characterize this as that."
All four county supervisors said Wednesday they stand behind Maltbie, a former
Milpitas city manager who left the No. 2 spot in Santa Clara County government
to take over San Mateo's county management in 1989. He has earned a reputation
as a brilliant, effective and sometimes abrasive administrator who has
eliminated many high-level posts in county government. He earns $134,000 a year.
County Counsel Tom Casey suggested that supervisors hold today's hurriedly
scheduled meeting. Supervisor Ruben Barrales said the board would seek
clarification of the "Maltbie situation" and would issue a statement clearing up
the incident "one way or another."
Barrales called Maltbie "an excellent manager" and said, "I don't think it's an
issue that affects his job performance. I support John Maltbie."
Board President Mary Griffin, who is returning today from a vacation in Hawaii,
said Fox's decision not to file charges should put an end to the matter.
''It sounds to me that it's a non-story, but there are those who would escalate
it," she said.
Supervisor Tom Huening also said he supports Maltbie.
In the sheriff department's 16-page investigative report, the supervising
sergeant said he believes Maltbie "was attempting to solicit (the officer) but
wouldn't complete the deal until she was inside his vehicle" but that he was
sophisticated enough to avoid any words or actions that would result in arrest.
The decoy officer carried a concealed radio transmitter and was monitored by
five other officers nearby. Maltbie later questioned why a tape of the alleged
>conversation was erased.
>>Sheriff's Lt. Ken Frank said it is standard procedure to keep tapes only of
>>exchanges that end in a citation for the misdemeanor of soliciting for
According to the sheriff's department report, the man identified as Maltbie made
two passes by the Redwood Adult Book and Video store at around 9:45 p.m. in his
1988 Acura Legend before pulling into the store's parking lot. The section of
the North Fair Oaks neighborhood is known as a meeting place for prostitutes and
their customers, Frank said.
The man beckoned the officer to his car, according to her report. She noticed he
was wearing suspenders and that a dress jacket hung on the back seat. The car
was equipped with a phone.
''The subject asked me, 'Do you want a ride, are you working or do you want a
date?' " according to the report prepared by Detective Trisha Sanchez, who posed
as the prostitute. "I asked him what he wanted, and he said, 'Get in.' "
>>Sanchez asked the man if he was a police officer. He said "no" and again asked
>>her to get into his car.
>>''I've been burned before," the man said, according to another officer who
>>monitored the conversation. "I don't discuss this on the street. Why don't we go
>>across the street to where we can talk?"
>>Under standard safety procedures, decoy officers do not enter cars. When Sanchez
>>would not get in, the man broke off the contact and left.
>>Thinking the man and the car looked familiar, Sanchez asked the monitoring team
>>to note the car's license number. Later, she told the team's supervising
>>sergeant she thought the man was a county employee, according to the report.
>>About 15 minutes before the exchange, Maltbie left early from a meeting of the
>>City/County Association of Governments in San Carlos, according to Ray Miller, a
>>Brisbane city councilman who chaired the meeting.
>>Maltbie has declined to say where he was last Thursday night.
>>When an officer had a dispatcher check the license plate number through the
>>Department of Motor Vehicles, the dispatcher responded, "It comes back to your
>>boss, John Maltbie," according to the sheriff's department report.
>>Frank said that license plates are often noted by officers working the
>>prostitution detail, and reports are occasionally written on encounters that
>>don't result in arrests.
>>The district attorney, the county counsel and the board of supervisors president
>>were all notified that evening of the incident.
>>On Monday, Sanchez identified Maltbie as the man who had talked with her from a
>>driver's license photo from the DMV.
>>The actions of the sheriff's department in the case are likely to come under
>>scrutiny at today's meeting. Maltbie has questioned the accuracy of the
>>investigation, pointing to erasure of the tape.
>>No bar to effectiveness
>>Maltbie said in an interview Wednesday he is eager to put the matter behind him.
>>He said the incident had not damaged his effectiveness and would not affect his
>>oversight of the sheriff's department's $46 million budget.
>>''These allegations have been very painful to me and to my family because they
are simply untrue," he said in a prepared statement.
>>Acting Sheriff Paul Hale said he stands by the investigative report. He denied
that the disclosure of the incident was politically motivated, saying he had "no
political ax to grind. . . . Mr. Maltbie has to explain his own actions. The
(deputies) are just doing their job, and they're doing a fine job."