Mike Cruz, Staff Writer
Posted: 11/02/2010 07:25:56 PM PDT

Prosecutors presented testimony Tuesday from the San Bernardino County Assessor’s Office investigation to show discrepancies in the time cards, key card use and daily activity reports for former Assessor’s Office employees Gregory Eyler and Rex Gutierrez.

The preliminary hearing in San Bernardino Superior Court for former Assessor Bill Postmus and Eyler, a former taxpayer advocate for the office, stems from an investigation in 2007 and 2008 into alleged malfeasance in the Assessor’s Office.

District attorney’s Investigator Schyler Beaty testified on the fifth day of proceedings that he obtained personnel files, payroll records, daily activity reports as well as phone, e-mail and key card access records to find inconsistencies.

“I compared the time submitted with other information as to Mr. Eyler’s whereabouts,” Beaty said.

On several dates in 2008 and 2009, Eyler said he worked eight hours but only used his access card to enter the building only once or not at all, Beaty continued.

On nearly a dozen other dates, Eyler stated he should receive pay when he noted that he was off or on vacation in his activity reports, Beaty said.

When Beaty testified about similar data for Gutierrez, the former Assessor’s Office intergovernmental liaison, Postmus’ lawyer, Stephen Levine, objected to the testimony, touching off a brief exchange with prosecutors.

“Mr. Gutierrez is one of the people involved in this conspiracy,” said Deputy District Attorney Lewis Cope.

“I don’t see a conspiracy in this complaint,” Levine responded.

“There doesn’t have to be,” Cope said.

Beaty testified about four dates that Gutierrez, who was found guilty on four felony counts in a jury trial last week, reported working eight hours when his access card wasn’t used at all.

Gutierrez also was paid by the county and the city of Rancho Cucamonga, where he was a councilman, when he attended a conference in 2007 in Las Vegas and in 2008 in Long Beach, Beaty said.

Defense lawyer Stan Hodge got introduced into evidence a June 2009 e-mail from Steve Hauer, deputy chief of staff for county Supervisor Neil Derry to county Human Resources Director Andrew Lamberto requesting advice concerning the flexible schedules of exempt-status employees.

Eyler was an exempt-status employee. Judge Duke Rouse kept the e-mail from being introduced in Gutierrez’s trial.

Lamberto replied in the e-mail that per their discussion, “no legal obligation exists to under the FLSA (Fair Labor Standards Act) to specifically track a salaried employee’s hours,” according to the e-mail, which was shown in court.

Lamberto continued, telling Hauer that he didn’t have any issues beyond that as long as the employee was carrying out the duties of the position, the work required was being completed and the efficient operation of the county was maintained.

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