American Consequences - November 2017

INVESTIGATING U.S. SENATOR KAMALA HARRIS’ CHIEF OF STAFF...

O n January 3, Kamala Harris was sworn in as U.S. Senator from California by then-Vice President Joe Biden. The C-SPAN tape of the ceremony shows her chief of staff, Nathan Barankin, beaming in the background.

The day before her swearing-in was Harris’ last day serving as the attorney general of California. It was also Barankin’s last day as chief deputy attorney general of California. Why does this matter? Tracking bureaucratic details about Barankin’s final year at the California Department of Justice reveals important, ethical challenges. The story starts with a questionable severance payment made to Barankin. Issues regarding his role for Harris’ Senate campaign are raised – and left unanswered by Harris. As for where the story ends, well – it’s not over yet. Three days after Harris was sworn in to the Senate, the Department of Justice gave Barankin a $116,905 “cash-out” check to cover his unused annual leave. The payment substantially exceeded the cap on the amount of annual leave that managerial employees are allowed to accumulate under the California Code of Regulations.

According to public records, in 2016, Barankin’s monthly pay averaged about $14,000. His cash- out covered 155 days of unused annual leave. But California regulations prohibit managers from accumulating more than 102 days of annual leave. When the leave balance exceeds the cap, the employee is required to take time off, said Lynda Gledhill, a spokesperson for the state agency that oversees employee benefits. A cash-out for unused leave cannot typically be for more than the cap. The reason for capping the amount of accumulated leave is twofold: The state requires employees to take vacations as a matter of emotional health... And cash-outs for more than the capped amounts are taken out of operating funds, messing up the budget. The Department of Justice acknowledged that Barankin was credited for more leave than is allowed by the regulations. In fact, Barankin’s cash-out exceeded the limit by 53 days – translating into $37,000.

By Peter Byrne

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