Munks also said the titillating allegation is not cause to question deputies’ round-the-clock access to county facilities.

The incident is currently being investigated by internal affairs for the Sheriff’s Office and will be ultimately signed off on by Munks — the same sheriff who made national headlines in April for being caught up with Undersheriff Carlos Bolanos in an undercover prostitution sting in Las Vegas.

While Munks was never charged with a crime and neither is the deputy who allegedly took advantage of the courthouse after the close of business, some of those aware of the occurrence have wondered aloud about his ability to pass judgment on an underling in the midst of possibly unacceptable behavior.

Citing personnel privacy, Munks could not disclose exact details of the allegation but confirmed its existence.

“We did get a complaint about one of our employees after hours of potentially inappropriate behavior,” Munks said.

No courthouse employees would go on record, but the story they tell about what happened on the eighth floor reads similar.

Approximately two to three weeks ago, a court reporter returned to work and reported seeing a man’s bare backside flee through the hallway that runs behind the courtrooms. Further investigation reportedly unveiled the man’s identity and indicated he was having sex with a woman. Court watchers maintain the incident happened near a corner courtroom on the eighth floor. An employee of Judge Barbara Mallach, who presides in courtroom 8A, said the alleged encounter was unequivocally not in that space but did not specifically discount the hallway.

Presiding Judge Robert Foiles did not return a phone call seeking comment on the incident.

The Daily Journal is not identifying either party in the courthouse romp because neither committed a crime and the District Attorney’s Office was never asked to investigate the situation, said Chief Deputy District Attorney Steve Wagstaffe.

But while the intimate moment might not constitute an illegal offense, it did spark an internal review of the conduct. The hanging question now is if Munks is the right person to oversee the review.

On April 21 and 22, Munks and Bolanos were in Las Vegas as part of the dozens of county employees who participated in the annual Baker to Vegas Challenge foot race. On the second day, the pair were discovered at a brothel during “Operation Dollhouse,” a series of raids by local and federal authorities that followed a two-year prostitution investigation.

Neither were arrested and Munks later issued an apology for his “lack of judgment,” claiming he thought he was going to a legitimate business and neither he nor Bolanos had broken any laws. Shortly after, the county issued a statement that $9,000 was spent on expenses related to the race and a San Carlos man announced plans to launch a recall effort against Munks.

While few believe the recall will actually occur, a common thought among county employees is that Munks’ true test will be when asked to make judgment calls on employee behavior.

Munks dismissed the idea his own bout of bad publicity might affect public perception if nothing else in this allegation.

“No, not at all,” he said.

The complaint will be handled by the internal affairs unit and its findings forwarded to him for a final decision, Munks said.

He declined to speculate on any potential discipline, if warranted, but added the findings remain confidential unless the employee is terminated.

The deputy’s alleged presence after hours isn’t reason to reconsider access to the courthouse because the card keys used to unlock doors provide a distinct trail of who has been where, Munks said.

“They are a pretty good system of checks and balances,” he said.

Additionally, he said, the employees only occasionally have disciplinary issues.

“For the most part, trust is well-placed in them,” Munks said.

Michelle Durand can be reached by e-mail: michelle@smdailyjournal.com or by phone: (650) 344-5200 ext. 102.