Some supervisors call Andrew Do’s proximity to Viet America Society controversy a distraction
First District Supervisor Andrew Do was absent from Tuesday's OC Board of Supervisors meeting ; with it unclear if Do will choose to miss more meetings and his proximity to an unfolding probe, two of his colleagues are questioning the supervisor's ability to contribute to conducting county business.
Supervisor Katrina Foley even addressed Do, whom she said she believed was watching the meeting, and called upon him to resign his position.
Do directed millions of dollars through his district discretionary fund to Viet America Society for a nutrition gap program during the pandemic, but the nonprofit is now being sued by the county, which is alleging the organization and some of its leadership misused public dollars for personal gain. Federal agents last week raided a home owned by Do, his office, a home purchased by his daughter, Rhiannon, and the home of Viet American Society leader Peter Pham.
"We have incredibly difficult decisions before us. We have a CEO search that's pending," Second District Supervisor Vicente Sarmiento said Tuesday, adding the board is also dealing with recent court decisions and a new state proposition that could affect how the county provides homeless and mental health services. "So these are incredibly difficult decisions that are coming before us."
"I believe that it is very difficult for one of us to be able to carry out our public functions while all of this is swirling around," said Sarmiento, who has called for Do to step down. Sarmiento said a county lawsuit "implicates not only a family member" but also the discretionary funds distributed by Do's office.
Do is not named in the county's lawsuit and federal authorities have not said what their investigation entails.
Fourth District Supervisor Doug Chaffee and Third District Supervisor Don Wagner said the county's work will continue unfazed.
"I don't know that it's much of a distraction to the business that we're doing," Wagner said. "I'm seeing our county employees continuing to do their jobs. I am seeing that the county is not missing a beat in its performance of county functions. At the end of it, I think the business of the county continues to be done and done well."
The county has not had a permanent CEO since the retirement of former chief executive Frank Kim in July . The board has been deliberating potential replacements, however, no final decision has been made. The supervisors were scheduled to discuss the position again on Tuesday during a closed session.
Chaffee said even if Do sits out public meetings in the future, he could still join closed sessions and participate in the search.
Do did not attend Tuesday's closed session, according to Wagner and Sarmiento.
"I don't think it's been a distraction. There's some candidates there, but we don't have a unanimous opinion or even, say a majority vote at this point," Chaffee said. "Now for the future, I can't say that makes a difference or not."
"I do what I do, and I'm not gonna let anything stand in the way," Chaffee added. "I'm going to tend to county business as best I can. I'm not in any way stopped from doing what I do because of this controversy."
It's "unsettling" that Do is not communicating with other board members' offices, Sarmiento added.
"As colleagues, there being only five of us, anything that any one of us does affects the other board offices," Sarmiento said. "I do feel that it puts all of us at a disadvantage when one of us is so distracted by everything that's happening."
Wagner, who is serving as the chair of the Board of Supervisors, said Monday he will have a vote at the Sept. 10 meeting on whether to remove Do from all board and committee assignments.
"We can't, as a board, remove him from our board. The only thing we can do that is substantive is remove him from any commission positions that he's got," Wagner said Tuesday. "That's what step we're taking to show we treat this seriously."
Fifth District Supervisor Foley on Monday called on state Attorney General Rob Bonta to investigate whether Do lives in the First District, given the house that was raided is in Tustin, and remove him from office if he does not.
The state Attorney General's Office on Tuesday said it was aware of Foley's request, but would not comment further. Foley requested Bonta initiate an action by which he would determine whether to file a lawsuit with the superior court to remove an elected official.
Foley said if Do does not voluntarily resign, she will "pursue every legal avenue available" to have him removed from office.
Chaffee said with Do termed out in December it is a "waste of energy" to focus on calling for his resignation.
During her public comment period, Foley directly addressed Do who she said was probably watching virtually.
"Andrew, please resign. Resignation is not an admission of guilt, and you are entitled to due process. However, your position on the board is untenable and will only cause harm to the good work of the county," Foley said. "If you truly care about this county, as you have claimed many times in the past, then you will step down so we can begin to heal the deep wounds that you have caused all of us."
Do did not respond to multiple requests for comment on Tuesday.
