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.

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.

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.

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.

Carona was indicted on felony conspiracy, mail fraud and witness-tampering charges in October, and he announced he would take a 60-day paid leave of absence effective Nov. 9 to defend himself.

The legal report was prompted in part because board Chairman Chris Norby wanted to know if the county was required to continue paying Carona during his leave of absence.

"There is no provision in the law for depriving an elected officer of his or her salary during the officer's temporary absence from his or her duties on account of personal reasons," the report said. The sheriff draws an annual salary of $199,680.

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