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Record Shows:
Teran Is Being Paid a Salary While Awaiting Felony Trial
By a MetNews Staff Writer
Assistant District Attorney Diana Teran, who is charged with eight felony counts based on having allegedly illegally accessed computerized personnel files of Los Angeles County sheriff’s deputies, is being paid while on leave pending resolution of the charges, a record released by the Office of County Counsel shows.
Teran was a key advisor to District Attorney George Gascón.
Although the County Counsel’s Office on June 28 spurned a Public Records Act (“PRA”) request by the METNEWS seeking the information, on Wednesday it provided a responsive record to victim rights attorney Kathleen Cady, a former deputy district attorney. A wage statement shows that Teran continues to be paid a total of $26,970.03 per month.
County Civil Service Rule 16.01 provides that “[l]eaves of absence from regular duties, with pay, may be granted only by the appointing power under such conditions and for such periods as established by the board of supervisors, when such leaves are determined to be in the best interests of the service.” Rule 16.02 says that leaves without pay may be granted for reasons that are enumerated “or for such other lawful purposes as are deemed by the appointing power to be in the best interest of the department.”
Normal Procedure
A former higher-up in the County Counsel’s Office said yesterday:
“It should be noted that ‘appointing power’ would mean department head, here Gascon. Although these rules do not expressly address investigations, my recollection is that a leave would be with pay during an investigation but once charges are filed that the leave is without pay (because the employee is frequently dismissed at that point.)”
Others advise that the general policy in the county is to cut off a salary while an employee is the subject of a criminal prosecution.
Gascón’s office has consistently declined to comment on matters relating to Teran, who is being prosecuted by the Office of Attorney General Rob Bonta.
Deputy’s Email
Deputy District Attorney John Lewin, a vocal critic of Gascón, said in an email to the district attorney yesterday:
“Hey George:
“No wonder you would not answer any questions about ADA Diana Teran’s current employment status!!
“We now learn from this much delayed PRA request that you are actually still paying this accused criminal her full and exorbitant salary, despite the fact she has been charged with 11 felonies, all of which involve conduct directly related to her senior position in your corrupt administration!!”
(Prosecutors earlier this month dropped three of the 11 counts contained in a criminal complaint filed on June 21 and publicly released three days later.)
Lewin went on to remark that the continued payment to Teran “looks designed to buy Diana Teran’s silence regarding what you and or your senior administrators involvement was in her activities and what and when you learned about them!”
Delay in Responding
In alluding to the “much delayed” response to the PRA request, Lewin apparently had in mind Government Code §6253(c). It sets forth that “[e]ach agency, upon a request for a copy of records, shall, within 10 days from receipt of the request… notify the person making the request” as to whether records exist and if they will be provided, and adds:
“In unusual circumstances, the time limit prescribed in this section may be extended by written notice by the head of the agency or their designee to the person making the request, setting forth the reasons for the extension and the date on which a determination is expected to be dispatched. No notice shall specify a date that would result in an extension for more than 14 days.”
Multiple Extensions
However, the County Counsel’s Office recognizes no impediment to granting itself multiple extensions.
The PRA request by Cady was made on June 27; the county granted itself an extension on July 8 and on July 22; its response as to what record it would supply, as well as the record, was sent 48 days after the request was made.
In communicating her request, Cady said (with bold face in the original):
“The requested information is easily accessible and very limited. Government Code section 6253(d) prohibits the use of the ten-day period, or any provisions of the CPRA or any other law, ‘to delay access for purposes of inspecting public records.’ The requested information is easily accessible and very limited. Government Code section 6253(d) prohibits the use of the ten-day period, or any provisions of the CPRA or any other law, ‘to delay access for purposes of inspecting public records.’ No valid reason exists to delay producing or request an extension to provide this information.”
Allegations Against Teran
All of the counts in the criminal complaint against Teran alleges that “[o]n or about April 26, 2021, in the County of Los Angeles, the crime of ACCESSING AND USING COMPUTER DATA WITHOUT PERMISSION, in violation of PENAL CODE SECTION 502(c)(2), a felony, was commuted by DIANA MARIA TERAN, who did knowingly access and without permission take, copy, or make use of data from a computer, computer system or computer network concerning” a sheriff’s deputy, each identified as a “Doe.”
While assigned to provide legal advice to the Sheriff’s Department, Teran allegedly gleaned information from its database and three years later some of that information was placed in a District Attorney’s Office database for use in identifying deputies with disciplinary records.
Teran in April was booked and was released from jail on a $50,000 bond.
Former District Attorney Steve Cooley said yesterday:
“Our next step will be to urge county counsel and the DA’s Office to answer the simple question: ‘Is the county paying for Diana Teran’s criminal defense?’ ”
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