Gibson’s costly affair

March 8, 2013
Julie Tacker

Julie Tacker

OPINION By JULIE TACKER

In a Tribune exclusive Nov. 16, 2012, San Luis Obispo County District 2 Supervisor Bruce Gibson admitted a longtime extramarital affair between he and his Legislative Assistant, Cherie Auspiro. The couple had disclosed their personal relationship to County Counsel, Rita Neal and County Administrative Officer, Dan Buckshi on November 13.

Over the course of just three days, Ms. Neal, who is paid $15,000 per month and works at the pleasure of the San Luis Obispo County Board of Supervisors, would have us believe that she did a thorough investigation into the affair. County Administrator Dan Buckshi, who is paid $16,700 per month and also works at the pleasure of the board, is quoted as saying, “based on an initial review of the situation, it appears that no county resources have been improperly used and no county policies have been violated.”

Neal had both Gibson and Auspiro’s computers “imaged” and reviewed thousands of emails sent between the two over six years of their working relationship. Additionally, Neal analyzed all travel and per diem reimbursement vouchers submitted by the two. She interviewed Gibson and Auspiro “multiple times” and claims to have interviewed colleagues on the fourth floor of the county government building as part of her investigation into the matter. Neal, said she held several meetings with the county Administrator and the Human Resources Director, Tami Douglas-Schatz, who is paid $10,650 per month.

These county employees should never have been placed in charge of “investigating” the matter. They are too close, too invested in their high paying jobs with lucrative benefit packages and couldn’t possibly be expected cry foul — when their senior board member boss was at the pinnacle of the investigation.

After realizing the Board was not going to order a proper investigation, I contacted Ms. Neal and asked to see all documentation that she had reviewed to make her determination that, “No county resources were used in their relationship.”

The California Public Records Act allows the public access to these records and I was not convinced that in only three days she could make such a definitive determination. Apparently, the Tribune made a similar request, but opted to narrow their focus to emails from the first and last years Gibson and Aupsiro had worked together. Monies for public records requests are required in the budget.

In the hasty investigation, Ms. Neal evidently missed some sensitive emails and some questionable expenses that clearly violate county policies. One such policy relates to the security program wherein it states; “Computing assets shall not be used for purposes that are in conflict with the county (non-binding) organizational values, or in any way contrary to the interests of the county.”

On January 26, CalCoastNews revealed one such email exchange and, on February 10, the Tribune was quick to dismiss the same email, claiming “context” is everything. Yet the exonerating article failed to mention their review only included 2007 and 2012, leaving 2008-2011 to the imagination.

Falling in love with one’s co-worker often happens. What is at issue is Ms. Auspiro’s taxpayer funded $69,000 a year legislative assistant position and any taxpayer resources, including email, used during the longtime affair.

Had the County properly turned the investigation over to an independent consultant, as was done in the Wilcox/Edge matter, the need to redact the emails and staff time involved would have cost just as much or more.

Try as they may, the Tribune, March 7, who made the same request as mine, is equally “guilty” of costing the taxpayers. But, really it is Gibson who has brought any and all costs to the county by his own actions. I’d like to see him pay the bill.

 


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Ms. Tacker, how much money do you figure Bruce owes the taxpayers of San Luis Obispo County for his “longtime extramarital affair? As much as the taxpayers of San Luis Obispo and the State of California are owed for the years of delay, enforcement actions, lawsuits, lost loans, diminished credit rating, and bankruptcy of Los Osos?

Just curious.


For a comparison of two things to be possible, the two things have to be similar at least in some aspects.


What are the similarities upon which you would base this comparison?


That Gibson was involved in both issues?


This is not all about Gibson, but more importantly about the huge future taxpayer liability impact of our five male ‘supervisors’ actions & non-action to prevent a hostile workplace.


You don’t have to attended law school to understand that County counsels so-called agreement will now have to be made available to any supervisor, after the fact, with absolutely no consequences for their quid pro quo actions described under title V11of the Civil Rights Act of 1964.


Isn’t that sufficiently severe or pervasive to create a “hostile work environment”? In the small business world If someone suggested such a tactic at a sexual harassment seminar it would have brought on one hell of a lot of laughter.


Has anyone seen a copy of the 2012 County Compliance Audit with AB 1825 Requirements. This audit is in accordance with generally accepted government auditing standards & sometimes in City & County Codes?


This audit speaks volumes as to how serious our County is about addressing Sexual Harassment in the entire County workplace often used to paint the real picture in court debates by plaintiff attorneys.


I am at a loss to see the similarities between the Gibson/Auspiro affair and the Wilcox/Edge sexual harassment suit. Ms. Tacker just seems to be trying to raise so much political hay over a consensual adult relationship comparing it to a true workplace harassment case. Perhaps we should have had a $2500 per month janitor review the files as what people make seems to rile Ms. Tacker to no end. I would be curious to find out what it costs to send an email. Say about $0.0001. So if they exchanged 5 emails a day every day for five years that cost the taxpayers about (365x5x5=9125x$0.0001=$0.9125) Yes, let’s charge Mr. Gibson for all of the emails that he sent to Ms. Auspiro. But it appears only Ms. Tacker, or someone of her ilk, can be trusted to ferret out these emails. Even if she could not find her controvertible truth it only meant that someone has hidden them away. Probably with the WMD’s in Syria.

Get a hold of yourself Julie your hateful paranoia is not good for your health.


Catsdad,


Logic does not work with these people. It is really a waste of time to make comments.


It doesn’t make sense to me that an adulter points fingers at another adulter. It seems odd to me they pick and choose who to harrass. Perhaps someone is paying to target certain people and things. Did you ever notice certain issues or things aren’t brought up? Such as the Wallace Group and the appearance of corruption there?


Cal Coast News has comment guides that MaryMalone never follows and her very personal, cruel and downright nasty PERSONAL attacks are allowed to remain. Why is this? She points out e-mail was used for personal use. I agree even though everyone in the world does it it shouldn’t be done. Does her husband use his work e-mail for personal use?


This will only elicit another nasty response. I just wanted to say common sense remarks like yours and Lynettes don’t matter to these people. And their remarks matter less to people. Hate and discontent is the only way some people can feel good about themselves or get any attention at all. It gets sadder and sadder.


Jonathon, do you get the impression that MaryMalone has special ties to CalCoast like I do? There is a reason she gets a pass and we don’t. (Not that I would use the words that she does.)


Anyway, I wanted to clarify why I write. That is to show readers out there that there is a different opinion, not just the hoards of “anti-whatever it is” that is presented and in fact encouraged here. I don’t in any way expect to change those writer’s minds. But if someone doesn’t stand up for written decency and fairness, we are all diminished for that lack. If one on the fence, reads this and then gets a more balanced view, whichever way they form an opinion, it will be a better one. I encourage injustices to be called out for what they are. .


Lynette,


I’m just not sure who really reads this. I only do to try to keep up with what things they are pulling next to try and hurt good people. The question is who is pulling the strings (puppet and financially) and to what real purpose. For example in Oceano. There is finally a board and manager who are working hard for the people of Oceano and the improvements and good work are constantly trying to be undermined. There is something/someone behind this. There is no interest in the people or helping them as they claim. It is being done to harm. You don’t take up valuable time and add cost harrassing the staff and threatning law suits which fall to the residents to pay.


I know people in Oceano are very happy with the current board and manager. When I read the comments and replies I am guessing they are a few of the same people using different names and this is all a horrible game to them.


Perhaps some common sense will help those who do really care to pursue the truth. I also believe they see these people for what and who they are. I know I don’t bother to engage them because it is a waste of time.


I am very disappointed there is a “comment guideline” about personal hate attacks yet they do prevail with MaryMalone being the worse offender. It leaves no choice but to wonder why she is allowed to to break the rules and causes me to have a lack of respect for this news site.


I think the idea of exchanging points of view is a good one if done in the correct way with respect and tolerance.


Jonathon,


I’m not sure who reads this either, but I would guess that it is more than those who write here. I just know some of my friends read it, but do not post here.


You bring up a good example in Oceano. Why for instance does Jeff Edwards (Julie Tacker’s partner) go before the Oceano Board, the Board of Supes and who knows where else, time and time again pushing that the airport property be developed, that it is useless as an airport? Or trying to force Phillips 66/Conoco to give a 100 ft. easement to the beach over their property as a condition to pump more crude oil through their pipeline? That has no nexus to reality even. My guess is that he is the paid front man for developers. Why would he personally care about access to the beach? He doesn’t even live in Oceano.


Remember the developers from Pismo in 2011 trying to buy 100 acre feet of water from Oceano to have water for their projects in Pismo?


Intimidation is probably the goal and it is over more than just a game.


Here is a hypothetical. Suppose you own a blog. And you write for it. And you allow comments on this blog. And you have friends who contribute articles. And of course you have a comments policy. But if you are writing anonymous comments that do not follow the comments policy and it is your blog….well, you get my drift.


I do remember when they tried to sell Oceano’s water rights. That had corruption written all over it. It is one time the people didn’t let the powers in charge get away with it.


I have not had a flawless life and we are all flawed beings. I think too much time and energy is wasted on pointing fingers and using disgusting verbage (MaryMalone again) to focus on someone else’s sex life. However, I do believe when you accept an office for public service you should strive to set a good example and be a person of good character. We are funny people though. We admire movie and rock stars, althletic stars and US Presidents who have little morals. Setting good examples and leading a moral life is no longer important to the general population. I think it is a sad state of affairs (guess that is a pun) for what we have become as a society. It is fastinating however, the ones who throw the biggest rocks have the biggest glass houses.


To anyone who listens to the things Jeff Edwards is trying to push they understand there is someone else pulling the puppet and purse strings. It is a waste of the people’s time and money. His mouth opens and the flaps in everyone’s ears close.


Jonathan, what I write is only words. The only power they have over you are the power you give to them.


I assume you are over 18 if you are posting here. So put on your big-boy bloomers and learn to simply skip my posts, if they bother you so much.


I assume there are posters here who routinely skip my posts, and I respect them for it.


Here is a hypothetical: Person listens to old repeated gossip, person repeat’s gossip in a vague indirect way to be insulting.


Person then makes comment they know will be moderated so they can cry censorship.


Later this person realizes they were being used to do a bully;s work.


Bully behaviour is just what Tom Fulks is going on about with the sad local discorse, passive aggressive hypothetical attacks included.


Censorship always defeats it own purpose, for it creates in the end the kind of environment that is incapable of exercising real discretion….as witnessed here.


If you have a question or comment about moderaton please use the email.

thank you.

if you have a problem with someones comment – email

thanks again


the only user who gets a pass is Ted Slanders

to suggest otherwise is untrue and very unfair to me


LOL. We love our Ted, don’t we?


Jonathan, nobody likes a whiner. Just sayin’


The most important similarity, from a legal point of view, is that in both cases the relationships each involved two people working for the same organization, with the jobs of these two people involving a power differential between them.


This leaves the door open for the subordinate to claim he/she was sexually harassed and forced, under threat of losing their job, being demoted, or facing other negative consequences to their employment.


The same type of situation was recently settled in the Starbucks lawsuit.


You cannot sign away your right to seek prosecution for a rape or felony assault. Being involved with someone does not make you their chattle.


While I agree that the author has wrought great damage upon Los Osos, your use of the word “retarded” is very offensive.

The “R” word is terribly offensive to many people. To put them in the same category as the author is simply shameful…they are ALL much better.


With respect to an ‘impartial outside independent audit’ or investigation;


Many taxpayers are at a loss to understand or puzzled as to why County officials deemed it unnecessary in Gibsons’ case vs the Wilcox/Edge case, which only adds outrage to the coverup allegations.


The problem with a County internal investigation is that there is a strong employee belief that if a Supervisor of any capacity has assaulted them they rightfully or wrongly believe they will be targeted if they step forward, so why would they step forward?


Check out what just occurred in Orange County Ca in late 2012, reported by “Voice of OC” an independent non profit investigative agency, of what occurred with an internal investigation vs external headed “Audit Report Details Culture of Fear at County Public Works”.


The eternal report revealed “Almost every potential witness expressed fear of retaliation, especially from Human Resources, for testifying about Mr. Bustamante’s misconduct. These fears were pervasive and two potential witnesses refused to even interview in the presence of HR employees. The fact that numerous individuals did come forward to testify about workplace misconduct only after an independent investigator was present lends support to the allegations that OCPW employees were fearful to come forward to the current OCPW Administration & HR personnel.”


Wouldn’t an independent impartial investigation by a knowledgable firm with no economic ties to the County only serve to strengthen our defense against future allegations of sexual harassment or failure to act and also give employees peace of mind to speak up freely thus making a better workplace?


Oprah says San Luis Obispo is the Happiest City In America..


http://www.youtube.com/watch?v=TgeB7NtZnyc&feature=youtube_gdata_player


I’d say, one of America’s most ignorant, deceitful and corrupt.


For Oprah to declare San Luis Obispo the “happiest city in the world,” IMO, indicates she has lived in some pretty hellish cities.


Mr. Gibson owed the public, and the public employees, he leads behavior above reproach. As a supervisor he serves as an example. He, and everyone, would have recognized that it would be wrong, gross nepotism, and against good judgment to have hired his spouse, or his adult child, to serve as his county paid assistant. It does not serve him, does not serve his assistant, nor serve the public to have pushed the envelope of “county written policy” for him to employ or to continue to employ and pay with public funds a girl friend or cohabitant.


Only Mr. Gibson can take credit for the predictable costs that his behavior is costing the County when his failure of judgment causes news organizations, public employee unions, developers, and good government advocates to demand these kinds of records looking for legal or policy violations. The truth is that all this has not just cost the County money but has undermined Mr. Gibson’s ability to achieve the public policy goals he is committed to achieving by making him vulnerable, and by making his poor personal judgment the focus.


Sad as this is for the people involved in his personal relations, and sad as this is for moving public policy forward, the solution that will take Mr. Gibson and his assistant out of public scrutiny and the solution that will best serve the public is for Mr. Gibson to resign to focus on his family matters. Governor Brown would make an appointment of a successor without this kind of personal baggage who would not differ significantly from Gibson on development and environmental issues important to District 2.


Oh come on SA, the news organizations love this stuff, especially Cal Coast where it is a solid revenue stream of advertising clicks for them!


If you do not attend Los Osos Office Hours with Mr. Gibson, or LOCAC, or have needed some questions answered or documents found, you really don’t anything to say on how well Ms. Aispuro has served the people of Los Osos, or I’d bet the rest of District 2. She is extremely helpful and courteous to everyone, even Mr. Gibson’s enemies. Even they couldn’t fault her.


Your mention of developers is interesting. Please point out examples of any angst the public employee unions have felt. And the legalities are over, as much as you and others would like them not to be.


Please point out an example of Mr. Gibson not being able to fulfill his public policy goals. Seems to me, and I watch the BOS meetings, that board business is being accomplished as usual. The only problems seem to be with the Agenda 21 Tea Party crowd and the few stragglers still acting out their anger over Los Osos getting a sewer. Nothing is new with the Los Osos bunch, they speak regardless of topic. And the Agenda 21 bunch only showed up with the arrival of Arnold. They give the Gibson topic a nod, then go on and on about property rights and the United Nations.


Can you point us to law please, that would give Mr. Brown the authority to appoint someone? Can you imagine the protests no matter who he picked if this was legal. It would make this incident seem like a picnic.


Do you know Mr. Gibson so well that you can speak for his ability or not to handle “family matters?”


You sound very reasoned and write well SA, but your content is rather thin. Make your opinion known at the ballot box, would you?


While I agree that it is doubtful that Gibson’s legislative actions were influenced by the affair, there is one very real problem that resulted from it.


The relationship posed a future risk of a sexual harassment suit in the event of an unhappy parting of ways by Gibson and Aispuro. Gibson should have recognized this and either avoided the relationship or moved Aispuro out from under his supervision beforehand. When the relationship became public knowledge, he then moved her to a position in another department which would have normally paid a significantly lower salary but which continued to pay her at her old rate.


At the very least, either or both of them should have to repay the county the difference in salary for the time she spent working under Rodewald.


OnTheOtherHand, I am glad to see your reasonable thoughts that Gibson’s legislative actions were not influenced by the affair.


Ms. Aispuro’s move was back to a department she had previously worked in. They had an undone job that required specialized training that she possessed. Please site your source as to the job title and salary in the Clerk Recorder’s office.


However, I don’t believe “he moved her” quite explains what happened. Ms. Rodewald’s office needed help, it is unlikely her arm was twisted when she found a way to get her undone job finished on another section of government’s dime. Really, you should go over the cuts made to the County budget for the past five years so they can provide reasonable services and still keep afloat and also look at the number of unfilled positions. Gibson had to do his own work that a legislative assistant would normally do, and he didn’t have extra help, so if there was a salary difference, IF THERE WAS, he could have been paid that difference.


Are you an attorney? If so, please explain how the agreement both parties signed will not prevent that possible sexual harassment suit that you are concerned over. If not, please explain why your explanation of “future risk” is more valid than that of County Counsel Neal.


QUOTING LYNETTE: “They had an undone job that required specialized training that she possessed.”


[[ROLLING EYES]] Oh, brother. Yeah, we know all about her “specialization.”


QUOTING LYNETTE: “Please site your source as to the job title and salary in the Clerk Recorder’s office.”


LOL. This just shows how little you actually know about what is going on.


If you want references for information that has already been published, CCN has this handy feature you can use. It is called a “SEARCH.”


I bet even you can figure out what the “SEARCH” feature does.


I found three CCN articles which provided the references you requested.


QUOTING LYNETTE: “Do you know Mr. Gibson so well that you can speak for his ability or not to handle “family matters?”


Judging by his current status, which he has denigrated to the point of being Adam Hill’s doofus equal, I would think Mr. Gibson is completely unable to handle his family matters.


He destroyed his long-term marriage and made himself a laughingstock of the county. He has opened the County and himself to possible liability for this illicit affair he had with his “legal assistant.”


He appears to be at the point that he is being led around by the short-hairs by Aisporo, willing to throw away his political career, his respectability, his family, an his future.


I would say that makes him a big ZERO, on a 1-to-10 scale, when it comes to his ability to handle his family matters AND his personal matters.


I can’t seem to stay logged in on the page where I want to comment so this is in response to StatusQuoJoe:


She didn’t do this singlehandedly, but she was one of the two ringleaders of the movement to stop the sewer and helped to get the 3 men elected in a recall election who had promised a $100/month sewer out-of-town. (She was already on the board.) The five of them decided to ignore the warnings of the State Water Board (that issued the $134 million SRF loan) that the money was project specific and which required that they ask for permission to stop the project. They did not listen. So they lost the loan that the pre-recalled board was using to pay back vast amounts of money the board had already spent from reserves to start the project and instead spent the money that was left defending themselves from the many ensuing lawsuits.


Hope this helps to clarify things.


This is not about Los Osos sewer for most of us, so get over it. This is improper moral behavior of a member of the board of supervisors who serves the County of San Luis Obispo, district 2. I don’t give a rats a$$ about Los Osos sewer but I do care about someone who is bedding a paid County employee on/off the job who is his assistant, who together effect the daily lives of the people in this County because Mr. Gibson’s votes affect everyone of us. The man is immoral, deceitful and an embarrassment to all of us. He has cost this County money, time and worse of all has created another wedge among the voters which is something we don’t need more of, IMO. This man didn’t even apologize and keeps standing behind people like you and Shirley Hesmyman. I will do everything I can at the next election to defeat this immoral person who I don’t want voting to change/impact my life as he is not to be trusted. Wipe him out clean, Grace!


How do you think Mr. Gibson’s votes will be different? Seems to me he is voting along the lines that he always did. He did apologize, BTW. And he certainly is not hiding behind Shirley or me, you see him weekly at the BOS, or don’t you watch that?


Let me guess, you vote Republican.


Whichever party you are, are you without blame to cast the first stone? Do you have family members that have made mistakes? Do you treat them like this – “Wipe him out clean, Grace?”


Three thumbsup = Tornatzky, Aspiro, Shirley!


Yeah, he apologized, and then turned around and encumbered the county’s taxpayers with more liability.


This has nothing to do with Los Osos. You’ve watched “Chinatown” WAY too many times. Unless Gibson was having an affair with Aisporo, or another woman, during the Los Osos fandangle?


COUNTY employees are conducting the records request. How do you think that will turn out?


I agree, Harry. For all we know, there are emails that were simply not included, redacted or not.


THAT is one of the many reasons there needs to be an independent forensic audit.