Federal Investigation Requested Over San Diego County Leadership Controversy
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| Jim Desmond, Republican Supervisor |
SAN DIEGO – A months-long discrimination lawsuit against San Diego County has escalated into calls for federal investigation after Republican Supervisor Jim Desmond formally requested the U.S. Department of Justice examine alleged misconduct by his Democratic colleagues on the Board of Supervisors.
The request, submitted this week to U.S. Attorney Adam Gordon, centers on explosive allegations in a wrongful termination lawsuit filed by former Assistant Chief Administrative Officer Michael Vu, as well as the controversial forced retirement of County Counsel Claudia Silva in July 2025.
The Michael Vu Lawsuit: Claims of Discrimination and Backroom Deals
Michael Vu, a longtime county official who previously served as registrar of voters before being promoted to assistant chief administrative officer in 2021, filed his lawsuit in April 2025 alleging racial discrimination, retaliation, and defamation by Supervisors Terra Lawson-Remer and former Supervisor Nora Vargas.
According to court documents, Vu claims that a succession plan was in place for him to replace retiring Chief Administrative Officer Helen Robbins-Meyer, but he was passed over due to illegal interference by the two supervisors.
Racial Discrimination Allegations
The lawsuit alleges that Vargas told Robbins-Meyer she wanted "a person of color" for the CAO position. When Robbins-Meyer pointed out that Vu was Asian, Vargas allegedly responded: "That doesn't count, they have opportunities and education. We need a Hispanic or Black."
Vargas has categorically denied the allegations, stating: "I unequivocally deny making any statements that promote or condone discrimination based on race, ethnicity, or national origin. The allegations made against me are not only false but totally contradict my values and record of public service."
The Alleged Backroom Deal
Perhaps more damaging are Vu's claims about Supervisor Lawson-Remer's alleged attempt to orchestrate what has been characterized as a quid pro quo arrangement. According to a December 6, 2023 email from then-CAO Helen Robbins-Meyer to County Counsel Claudia Silva, Lawson-Remer offered to support Vu for the CAO position only if he agreed to hire Paul Worlie as his assistant CAO.
In the email, Robbins-Meyer described Lawson-Remer's proposal as an "egregious quid pro quo back room deal" and "a blatant attempt to involve [Robbins-Meyer] in an unethical scheme outside of the closed session selection process." Worlie had previously served as chief of staff to former Supervisor Nathan Fletcher, who resigned in 2023 amid sexual harassment allegations.
Vu argues the arrangement violated both the county charter and California's Brown Act, which prohibits a majority of elected officials from discussing government business outside formal meetings. Lawson-Remer has denied violating open-meetings law, calling any suggestion she broke the law "absurd and false."
Silva's Forced Retirement: Timing Raises Questions
The controversy intensified in July 2025 when County Counsel Claudia Silva was forced out just one day after a new Democratic majority took control of the Board of Supervisors with the swearing-in of Supervisor Paloma Aguirre.
According to reporting by La Prensa San Diego, Silva was given a choice to retire or be fired during a hastily-called closed session meeting. All supervisors except Jim Desmond attended the meeting where Silva was forced out.
Silva, who had received positive performance reviews and a 7% raise just months earlier, will receive a $535,000 severance package equivalent to 18 months of her salary.
Anonymous sources told La Prensa that Silva's firing occurred as the board sought to quietly settle Vu's lawsuit, with Lawson-Remer allegedly seeking "more amenable legal advice" to facilitate a settlement that could avoid damaging depositions and discovery.
Federal Investigation Request
In his letter to the Justice Department, Desmond wrote: "I am requesting that the Department of Justice conduct an independent investigation into recent allegations involving San Diego County governance, as reported by La Prensa. While I acknowledge that these incidents remain unproven, the seriousness of the claims in San Diego County demands an impartial review to ensure public trust and transparency."
Desmond cited concerns about "political gamesmanship and corruption," noting that "public confidence in government is already fragile, and the alleged actions taken behind closed doors only deepen concerns." The supervisor noted that these issues have already cost taxpayers more than $11 million in legal fees and special election costs.
The Republican supervisor also contacted the San Diego County District Attorney's Office, though a spokesperson declined to confirm whether any investigation had been opened.
DOJ Response: Kelly Thornton, a spokesperson for the U.S. Attorney's Office, declined to comment on Desmond's request, stating: "As a matter of policy, the office does not confirm or deny the existence of any potential or ongoing investigation."
Applicable Federal and State Laws
The allegations in Vu's lawsuit and Desmond's federal investigation request implicate several significant areas of law:
Civil Rights Violations (42 U.S.C. § 1983)
The primary federal mechanism for addressing civil rights violations by state and local government officials is 42 U.S.C. § 1983, which allows individuals to sue government employees who, "under color of any statute, ordinance, regulation, custom, or usage," violate constitutional or federal statutory rights. This includes employment discrimination based on race or ethnicity, which could apply to Vu's allegations of discrimination in the CAO hiring process.
California Brown Act Violations
The Ralph M. Brown Act (California Government Code § 54950 et seq.) is California's open meetings law, enacted in 1953 to guarantee the public's right to attend and participate in meetings of local legislative bodies. The law prohibits "serial meetings" where a majority of board members discuss government business outside of properly noticed public meetings.
Vu's allegations that Lawson-Remer promised to secure "three votes" for his appointment suggest knowledge of how other supervisors would vote, potentially indicating serial communications that could violate the Brown Act.
Brown Act violations can result in both criminal charges (misdemeanor for willful violations) and civil remedies including injunctive relief, voiding past actions, and attorney's fees. However, supporters of the Brown Act contend the law lacks effective enforcement and has never had a successful prosecution.
Federal Employment Discrimination Laws
The allegations of racial discrimination in hiring could also implicate federal employment discrimination statutes, including Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, ethnicity, and national origin in government employment.
Potential Criminal Violations
While Desmond's letter does not specify particular federal crimes, the allegations could potentially involve:
- Conspiracy against civil rights (18 U.S.C. § 241) if multiple officials conspired to deny rights
- Deprivation of rights under color of law (18 U.S.C. § 242) for willful violations of constitutional rights
- Mail or wire fraud if there was intentional misrepresentation involving federal communications
State Ethics Violations
California's Political Reform Act and Government Code provisions regarding conflicts of interest and ethical conduct by public officials may also be implicated, particularly regarding the alleged quid pro quo arrangement.
Legal and Financial Implications
The county has already spent approximately $258,000 in legal fees defending the case, with separate law firms representing the county/Vargas and Lawson-Remer respectively. Combined with Silva's $535,000 severance package and costs related to the special election to replace Vargas, Desmond estimates the total cost to taxpayers has exceeded $11 million.
Political Context and Implications
Adding another layer of complexity, newly-elected Supervisor Paloma Aguirre has hired Paul Worlie – the same individual at the center of the alleged backroom deal – as her chief of staff, potentially creating additional legal conflicts regarding any settlement vote.
The timing of Silva's departure, coming immediately after the Democratic majority was solidified with Aguirre's swearing-in, has raised questions about the motivations behind the personnel change.
This isn't the first allegation of racial bias to surface against Vargas's office. A separate lawsuit filed by Jeff Liu alleges anti-Asian discrimination within her office, with Liu claiming his job offer was rescinded after her former chief of staff made anti-Asian slurs.
Current Status
Vu's lawsuit had its last status conference on July 21, with his lawyers preparing to begin discovery phase proceedings. The case has been assigned to Judge Carolyn Caietti with a case management conference scheduled for September 12.
David J. Smith has been appointed as acting county counsel, bringing more than three decades of legal experience including previous service as acting county counsel and chief deputy county counsel.
Vu's attorney, Chip Edleson, had specifically sought to depose Silva first, viewing her testimony about the Robbins-Meyer email as potentially crucial to their case.
Response from Officials
Lawson-Remer dismissed Vu's allegations as "nothing more than sour grapes from an old guard of bureaucrats resistant to the new direction voters chose for San Diego County."
The county ultimately appointed Ebony Shelton, a Black woman and former assistant CAO, to the chief administrative officer position in summer 2024 following an extensive search process.
Note on Legal Context: When asked specifically about potential federal law violations, Supervisor Desmond acknowledged in interviews that he "did not know what federal laws, if any, might have been violated by his colleagues on the board," noting that Vu's lawsuit primarily alleges violations of state law.
Sources and Citations
- San Diego Union-Tribune: Robinson, Lucas. "How a lawsuit over a contentious hire led a county supervisor to ask the feds to investigate his colleagues." August 7, 2025. https://www.sandiegouniontribune.com/2025/08/07/how-a-lawsuit-over-a-contentious-hire-led-a-county-supervisor-to-ask-the-feds-to-investigate-his-colleagues/
- San Diego Union-Tribune: McDonald, Jeff. "Former county official sues for defamation, retaliation after being passed over for top job." April 16, 2025. https://www.sandiegouniontribune.com/2025/04/16/former-county-official-sues-for-defamation-retaliation-after-being-passed-over-for-top-job/
- Times of San Diego: "Supervisor Jim Desmond seeks federal investigation of his board colleagues." August 4, 2025. https://timesofsandiego.com/politics/2025/08/04/supervisor-jim-desmond-seeks-federal-investigation-of-his-board-colleagues/
- NBC 7 San Diego: "Suit alleges ex-county exec didn't get promoted because 'we need a Hispanic or Black'." April 17, 2025. https://www.nbcsandiego.com/news/local/suit-alleges-ex-county-exec-didnt-get-promoted-because-we-need-a-hispanic-or-black/3805927/
- 10News: "Ex-Assistant San Diego County CAO files lawsuit, alleges discrimination and retaliation." April 16, 2025. https://www.10news.com/news/local-news/ex-assistant-san-diego-county-cao-files-lawsuit-alleges-discrimination-and-retaliation
- The Coast News: "County official alleges racial bias, retaliation against two supervisors." November 11, 2024. https://thecoastnews.com/county-official-alleges-racial-bias-retaliation-against-two-supervisors/
- Voice of San Diego: Halverstadt, Lisa. "County Official Accuses Two Supes of Racist Remarks and Backroom Scheme." October 3, 2024. https://voiceofsandiego.org/2024/10/03/county-official-accuses-two-supes-of-racist-remarks-and-backroom-scheme/
- San Diego Union-Tribune: Robinson, Lucas. "Former county official says supervisors illegally tried to block him from top job." October 12, 2024. https://www.sandiegouniontribune.com/2024/10/12/former-county-official-says-supervisors-illegally-interfered-to-block-him-from-top-job/
- San Diego Union-Tribune: Robinson, Lucas. "San Diego County's top lawyer out in new Democratic majority shakeup." July 23, 2025. https://www.sandiegouniontribune.com/2025/07/23/san-diego-countys-top-lawyer-is-out-in-first-major-shakeup-under-supervisors-new-democratic-majority/
- San Diego Union-Tribune: Robinson, Lucas. "Claudia Silva is out as San Diego County Counsel. Here's what we know." July 24, 2025. https://www.sandiegouniontribune.com/2025/07/24/what-we-know-about-the-surprise-departure-of-san-diego-countys-top-attorney/
- Voice of San Diego: Halverstadt, Lisa. "Abruptly Retired County Lawyer to Get Big Payout." July 31, 2025. https://voiceofsandiego.org/2025/07/31/abruptly-retired-county-lawyer-to-get-big-payout/
- La Prensa San Diego: Castañares, Arturo. "County Supervisors Force Top Lawyer to Retire." July 25, 2025. https://laprensa.org/county-supervisors-force-top-lawyer-retire
- The Vista Press: "Supervisor Jim Desmond - Request for Independent Investigation into Alleged Misconduct in San Diego County." August 5, 2025. https://www.thevistapress.com/supervisor-jim-desmond-request-for-independent-investigation-into-alleged-misconduct-in-san-d/
- Valley Roadrunner/Escondido Times-Advocate: "Desmond sics fed investigators on fellow supervisors." August 6-7, 2025. https://www.valleycenter.com/articles/desmond-sics-fed-investigators-on-fellow-supervisors/
- How a lawsuit over a contentious hire led a county supervisor to ask the feds to investigate his colleagues – San Diego Union-Tribune
SIDEBAR: Political Transformation and Tensions in San Diego County
The Democratic Shift: Breaking Generations of Republican Control
San Diego County's current political controversy unfolds against the backdrop of a historic power shift that ended generations of Republican dominance on the Board of Supervisors. Between 1995 and 2013, the same five Republicans held all supervisory seats. The 2020 election marked a watershed moment when Democrats Nora Vargas and Terra Lawson-Remer won their respective districts, creating the county's first Democratic majority "in decades" or "for the first time in a generation."
This transformation didn't happen overnight. As one Union-Tribune analysis noted in 2020: "San Diego Democrats have made major strides over the last decade expanding their influence in local politics, but one goal that has long evaded their grasp has been a majority on the county Board of Supervisors."
A Tumultuous Democratic Majority
The new Democratic majority has been marked by instability and controversy:
Nathan Fletcher Scandal (2023): The Democratic majority suffered its first major crisis when Nathan Fletcher resigned in May 2023 amid sexual harassment allegations. Fletcher, who had served as board chair from 2021-2023, admitted to "consensual interactions" with a Metropolitan Transit System employee who sued him for sexual assault and harassment. The board voted 4-0 for a resolution of no confidence, with all supervisors calling for his immediate resignation.
Nora Vargas' Mysterious Exit (2024): Despite winning reelection in November 2024 with 62.5% of the vote, Chair Nora Vargas shocked the political establishment by announcing in December that she would not take her oath of office, citing "personal safety and security reasons." Her resignation remains "unexplained despite the diligent efforts of pretty much every single curious person in District 1," according to Voice of San Diego.
County Counsel Turnover: The position of county counsel has seen remarkable instability, with four different people holding the job since 2020. After Democrats gained their majority in 2020, they replaced Republican-appointed Thomas Bunton with Lonnie Eldridge, only to oust him a year later in 2022 and replace him with Claudia Silva, who was then forced out in July 2025.
Racial and Identity Politics
The current controversy has highlighted complex dynamics around race and representation in county government:
Historic Firsts: Monica Montgomery Steppe became "the first Black woman to serve as a supervisor in the county's history" when she won Nathan Fletcher's seat in 2023, and "her inauguration marked the first time a majority of the supervisors were women."
Competing Visions of Diversity: The Vu lawsuit exposes tensions within the Democratic coalition about what constitutes adequate representation. Vu's allegations suggest disagreement over whether Asian Americans "count" as underrepresented minorities for leadership positions, with one supervisor allegedly stating Asians "have opportunities and education" unlike "Hispanic or Black" candidates.
Pattern of Allegations: The current controversy isn't isolated—another lawsuit by Jeff Liu alleged "anti-Asian bias within Vargas' office," with Liu claiming his job offer was rescinded after anti-Asian slurs were made by staff.
Political Weaponization and "Lawfare" Dynamics
The federal investigation request raises questions about the use of legal proceedings for political advantage:
Republican Counteroffensive: Supervisor Jim Desmond's call for federal investigation represents the most aggressive pushback by Republicans since losing county control. Desmond framed his request as necessary because "public confidence in government is already fragile, and the alleged actions taken behind closed doors only deepen concerns about political gamesmanship and corruption."
Timing and Motivation: The investigation request came immediately after the Democratic majority solidified control with Paloma Aguirre's swearing-in, and just hours after they forced out County Counsel Silva. Critics might argue this represents political retaliation rather than genuine concern about wrongdoing.
Legal Costs and Electoral Impact: The ongoing controversies have cost taxpayers over $11 million in legal fees and special election costs. These expenses, combined with the federal investigation specter, could become campaign issues as Republicans seek to regain county control.
The Broader Context
As Voice of San Diego observed, "San Diego County moved to the left politically during the Covid-19 pandemic, led in part by policies enacted by Democrats' newly won majority. Long considered a bastion of Republican power in California, the county began embracing Democratic priorities, including new environmental restrictions on development, new resources for immigrants and a more compassionate approach" to various issues.
However, recent elections suggest "voters this year appear to be moving toward the political center," potentially setting up a more competitive political environment as both parties adapt to changing demographic and ideological currents in America's second-largest county by population.
The current investigation request thus represents more than just a response to specific allegations—it reflects deeper tensions about power, representation, and governance in a region undergoing rapid political and demographic transformation.
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