Christian Berthelsen (CB) versus Peggy Lowe (PL):

Paragraph 1:

CB: Although he has taken a 60-day leave of absence, Orange County Sheriff Michael S. Carona technically remains in office and can continue drawing his salary, Orange County's top lawyer told the Board of Supervisors on Tuesday. 

PL: It’s perfectly legal for Sheriff Mike Carona to take a 60-day paid leave and the Board of Supervisors can do nothing about it, the county’s attorney said Tuesday.

Paragraph 2: 

CB: The report from County Counsel Benjamin P. de Mayo was intended to resolve questions about who is legally in charge of the department during Carona's leave. The sheriff, his wife and a former mistress were indicted in a public corruption case in October.

PL: Carona, who faces federal charges of public corruption and witness tampering, will continue to receive his nearly $200,000 annual salary even while taking what his top aides liken to “sick leave.”

Paragraph 3:

CB: The report concluded that Carona can continue to hold the title of sheriff and is free to delegate responsibilities for the department's day-to-day operations to subordinates. Those duties have fallen to Undersheriff Jo Ann Galisky, although the report concluded she was not the acting sheriff because there is no provision in the law for such a title.

PL: County Counsel Ben de Mayo reported to the Orange County Board of Supervisors Tuesday as the board struggles to respond to the wide-ranging charges federal prosecutors have leveled against Carona, his wife and his alleged mistress.

Paragraph 4:

CB: The only conditions under which Carona could no longer be deemed sheriff would be if he ceased to perform his duties for three consecutive months, were convicted of a felony, were recalled by voters or removed from office through a legal prosecution.

PL: The board has no recourse for the removal of Carona – unless he vacates his office for 90 consecutive days, de Mayo said. Supervisors also have no power to suspend Carona’s salary since the leave is voluntary and he technically holds the office of sheriff, de Mayo said.