While local media outlets have reported on the third-party investigation of Sacramento’s development department, the details of the investigation are complex.

City Attorney Eileen Teichert shed light on the investigation’s details in a phone interview with The Sacramento Press last week.

The city, together with the third-party law firm Renne Sloan Holtzman Sakai, is investigating the Community Development Department’s approval this year of 35 building permits in a Natomas flood zone.

Teichert’s office acknowledges in a Dec. 15 letter to the Federal Emergency Management Agency that the city broke federal rules when it approved the permits.

The city has placed Community Development Director Bill Thomas and department staffer Dan Waters on administrative leave.

During last week’s interview, Teichert addressed why the city and the third-party firm are working together on the investigation. She also provided a response to the question of whether City Manager Ray Kerridge was being investigated on this issue.

Teichert said she does not have an estimate on when the investigation will be complete.

The Sacramento Press: As I understand it — and correct me if I’m wrong — but the investigation into the Natomas building permits is being carried out by the third-party firm [Renne Sloan Holtzman Sakai] and the city. Is the city partnering with the third-party firm?

City Attorney Eileen Teichert: Yes. Of course someone has to provide the interface between how the city operates and is organized, how to reach people, how to get documents and so on. Pursuant to the direction that we’ve received from the City Council, my office, along with the city manager’s office, is providing that coordination.

SP: Why is the city participating in the investigation if a third party was hired? Wouldn’t city participation then make the investigation less objective?

Teichert: Again, as I indicated, someone has to coordinate. My office had to serve as the conduit to hire the outside law firm. We’re the only ones pursuant to the charter authorized to retain outside counsel. So, that was why we did that.

And, in order to preserve attorney/client-privileged communication, those communications go through our office. And, we have to be able to ... obtain records and documents for [independent investigator Tim Yeung’s review] in order to be able to conduct [a] fair, objective investigation and interviews. Based upon his own opinion that he arrives at, as a result of reviewing records and meeting with witnesses without being influenced by staff ...

We agree it’s of the utmost importance that the investigation be conducted fairly and impartially.

SP: Was City Manager Ray Kerridge being investigated as part of the investigation into the Natomas building permits?

Teichert: We are not targeting any individual and I cannot comment on personnel matters. But again, we are using a fair and objective process and not starting into the investigation with any preconceived notions about who’s being targeted or what we expect to achieve.

SP: What is the status of Community Development Director Bill Thomas? Do you know if he’s coming back?

Teichert: The status of Bill Thomas is as it has been for the last number of weeks — that he is still on administrative leave.

Photo by David Watts Barton.

Kathleen Haley is a staff reporter for The Sacramento Press.