Frequently asked questions about Greene vs. Sonoma County  

1. I heard that Mr. Scull and Mr. Greene were separated against their will. Is that true?

No. Everyone, including Mr. Scull, agreed that Mr. Scull needed more care than Mr. Greene could provide. Mr. Scull did not want to return home to Mr. Greene. In addition to securing a safe and comfortable board and care facility for Mr. Scull, the Public Guardian (PG) voluntarily assisted Mr. Greene, at his request, to move to a safe living situation not far from where Mr. Scull lived.

2. Is it true Mr. Scull and Mr. Greene never saw each other or heard from each other again?

Between the alleged domestic violence incident and Mr. Scull’s death three months later, Mr. Greene and Mr. Scull saw each other on several occasions, including in their home when they were both given an opportunity to select the belongings they wanted to take with them to their new homes. They also spoke to each other on the phone. Mr. Greene called many times a day, but the frequent calls upset Mr. Scull, who asked his caregiver to limit answering the calls to twice a day. Mr. Scull sometimes refused Mr. Greene’s calls. The evidence in the case established that the County did not prevent the two from seeing each other after they had both moved. but in fact, neither Mr. Scull nor Mr. Greene made any efforts to visit with the other prior to Mr. Scull’s death in August, 2008. The Public Guardian cannot force a client to see a visitor they do not wish to see.

3. Would the case have been handled differently if Mr. Greene and Mr. Scull had not been gay?

No.

4. Would the case have been handled differently if Mr. Greene and Mr. Scull had been married?

If they had been married or registered as domestic partners, Mr. Scull’s assets might have been considered community property and divided to pay for each of their care prior to Mr. Scull’s death. Instead, they were legally held as Mr. Scull’s personal assets, and were not distributed to Mr. Greene until he inherited them through Mr. Scull’s Will.

5. The press reported that there were complaints of domestic violence. Was the County responding to complaints of domestic violence?

Mr. Scull told many people that he was injured as a result of an assault by Mr. Greene. Mr. Greene said that Mr. Scull fell down the stairs. Mr. Scull expressed fear about continuing to live alone with Mr. Greene. There were no other witnesses to the alleged attack. However, a victim of domestic violence is not required to prove the attack in order to be protected. A Sheriff’s report was made concerning the domestic violence accusation.

6. Why didn’t the DA prosecute Greene?

The District Attorney’s office has stated that they evaluated the case and chose to not prosecute based on the sufficiency of the evidence presented to them. Criminal cases require proof beyond a reasonable doubt, the highest burden in the justice system. In this case, Mr. Greene denied abusing Mr. Scull. With no independent witness to verify Mr. Scull's allegations, and a "he said-he said" state of evidence, the District Attorney did not believe that the prosecution of Mr. Greene would have a likelihood of success at trial. However, this decision does not mean Mr. Scull's allegations of domestic violence were untrue.

7. Why did the PG refer in court to Mr. Scull and Mr. Greene as “roommates” rather than partners or lovers?

The PG referred to Mr. Scull and Mr. Greene as “roommates” because that was how the gentlemen referred to themselves.

8. I heard their house was taken away by the County. Is that true?

No, Mr. Scull and Mr. Greene did not own a home. They rented a home. The PG did negotiate an early release from their lease so that the gentlemen would not have to continue to pay rent for a home neither lived in.

9. I heard that their truck was sold. Is that true?

Yes. Mr. Scull had not driven in years. Mr. Greene’s driver’s license had been suspended by the DMV. Like other possessions they no longer needed, the truck was sold and the proceeds went to Mr. Scull’s estate and were inherited by Mr. Greene.

10. I heard their cats were taken away by the County. Is that true?

No. The cats went to live with Mr. Scull at his new home. Mr. Greene was aware of this and was told where the cats were living many times but he forgets.

11. Why were their belongings sold?

In order to pay for their care, the PG arranged to have Mr. Scull and Mr. Greene’s assets auctioned, after they had the opportunity to remove belongings they wished to keep. Both men, along with their friend Jannette Biggerstaff and Mr. Scull’s attorney, Ron Preston, were aware that the remaining property was to be sold at auction. All of the proceeds of the sale of their belongings went to Mr. Scull and Mr. Greene.

12. If Mr. Scull was the one injured and conserved, why was Mr. Greene put in a nursing home? I heard he was confined in a nursing home against his will.

Mr. Greene could not afford to rent the home by himself and was not able to pack and move himself. Mr. Greene asked the PG for help and the PG made arrangements to help him move and found a bed in a licensed residential care home he could afford. The PG did not have the authority to confine him to a nursing home. Mr. Greene was allowed to leave the facility.

13. Did the PG keep any of Mr. Scull or Mr. Greene’s belongings or buy them at the auction?

The PG cannot remove belongings for their own use. They can’t even bid on those items in public auction; it is a conflict of interest and is prohibited by County policy.

14. Did the County steal any of the property?

No. The County allowed the men to decide what would be done with their property. Each of them selected the things they wanted to bring to their new homes before the rest was auctioned off to pay for their living expenses and care. The PG’s office does not profit from their conservatees, and does not take a “cut” from items auctioned. All proceeds from the auction went to Mr. Scull and Mr. Greene. Mr. Scull and Mr. Greene also sold and gave away some personal property to neighbors and others, although Mr. Greene had forgotten this. Offers by these people to return items that Mr. Greene thought had been taken were rejected by his attorney.

15. Did anyone ever investigate the PG’s office because of this case?

Yes, the Sonoma County Grand Jury investigated the PG’s office as a result of a complaint, but they did not investigate specific points concerning Mr. Greene’s charges because the lawsuit was already filed. The Grand Jury report concluded that “Conservatees cited in the complaints reviewed by the Grand Jury have been and are being provided with care and compassion appropriate to their needs.” For more information on the Grand Jury report, see the press release.

16. If there was no discrimination, why did the County settle?

This settlement, in which the County agreed to pay $300,000 for attorney fees, $275,000 to Clay Greene, and $25,000 to the estate of Harold Scull for property that was sold for less than its alleged full value, removes the uncertainty and costs of trial. The County must manage taxpayer money prudently. The attorney’s fees and costs for both sides in taking the matter to trial, which was estimated to last between four and six weeks, would have exceeded $1 million. The County acknowledged that some administrative errors occurred in the handling and disposition of the plaintiffs’ property opportunity which led to improvements in Public Guardian policies with respect to procedures for property disposition and case management. However, the County adamantly denies there was any discrimination in this case. For more information on the settlement, see the Settlement press release. (PDF: 64kB)

17. Did the County make a mistake?

If a conservatee’s assets are valued at more than $5,000, the PG must get court approval to sell them. The courts are overloaded and even routine requests can take a lot of time, so if a PG believes the assets to be worth under $5,000, they may hire an auction company without getting an appraisal or court authority. It can be difficult in some home conditions to know if the assets are worth more than $5,000. That’s what happened in this case. The assets were not appraised prior to the auction, and as the auction progressed it became clear that the proceeds would surpass $5,000. The PG’s policy has been revised so that now, all assets are appraised before being sold.

18. Where did the accusations come from?

Clay Greene, primarily, however, due to Mr. Greene’s memory problems as well as other issues, the parties elected to settle and avoid trial. At his deposition in this case, Mr. Greene didn't realize he was suing the County and others. Further, he was unable to accurately recall many important details of the case, and was clearly confused about the facts. Numerous witnesses, including Mr. Scull before his death, noted Mr. Greene's memory issues.

19. Did the County ignore the legal documents prepared by Mr. Scull and Mr. Greene?

No. The Will of Harold Scull leaving his estate to Mr. Greene has been honored without any problem. The men did not set up a trust, which could have provided support for Mr. Greene during Mr. Scull's lifetime. The men did not register as domestic partners which would have given them some rights under California law.

20. What can people do to ensure that their wishes will be carried out?

A legally drawn up Will helps ensure that your belongings go to the people you chose after death, and a medical directive will ensure that the person of your choosing makes your medical decisions when you cannot. However, those two documents do not cover every scenario. The Sonoma County Human Services Adult & Aging Division has created a checklist of things you can do to prevent any confusion over your wishes in these types of situations. Those tips are available here .

21. How does a Public Guardian Conservatorship work?

The PG protects vulnerable seniors and dependent adults who can no longer take care of themselves and have nobody else to do so. For details on how and why a person is conserved, how a conservatorship works, and what responsibilities and authority the PG’s office has in a conservatorship, please see FAQ on the Public Guardian’s Office.