Sonoma County sheriff says watchdog ballot measure is flawed, seeks legal advice
JULIE JOHNSON
THE PRESS DEMOCRAT
August 11, 2020
Sonoma County Sheriff Mark Essick said a law enforcement oversight measure heading to the ballot box in November is flawed and is seeking approval to spend money on an outside lawyer to advise him on the proposal, which would boost outside oversight of his department.
If approved by voters, the ordinance would give added powers to the Independent Office of Law Enforcement Review and Outreach, which audits investigations into allegations of misconduct against sheriff’s deputies.
Essick said that he supports the spirit of the ordinance and he criticized county supervisors for derailing a review that could have dealt with his concerns about the lawfulness of some of its provisions. Instead, supervisors voted to skirt that process last week and put it on the ballot.
“I need someone who can advise me on how to handle all these legal defects in this ordinance and to set a course of action,” Essick said.
Essick said that he is not sure if he will initiate a lawsuit and wants legal advice about how he should handle what he views as legal obstacles to complying with the ordinance, should it be voted into law.
The Sonoma County Deputy Sheriffs’ Association took a stronger stance Tuesday, announcing that is filing a lawsuit against the county over the ballot measure. The association, which represents deputies, alleged the county violated employees’ rights by failing to confer with the union about changes to their jobs.
The ordinance proposes to give the auditor greater access to evidence, body camera video and other records, including the power to subpoena witnesses. It would increase the budget for the auditor, setting it at 1% of the Sheriff’s Office’s annual budget.
The Deputy Sheriff’s Association also expressed support for the concepts of greater accountability in the ordinance but said the county was legally obligated to “meet and confer” with labor unions regarding some of the proposed changes, especially those surrounding internal investigations into deputy actions.
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Supervisor Lynda Hopkins defended the board’s decision to put the measure on the ballot as setting “democracy back on course” because the COVID-19 pandemic halted community efforts to gather enough signatures to put it on the ballot.
“I am proud of the level of transparency around our decision. We held conversations in public, listened to the community,” Hopkins said.
The proposed ordinance includes a provision giving the office’s director, Navarro, subpoena power to compel the Sheriff’s Office to share records. That is not currently allowed by state law but proposed legislation, Assembly Bill 1185, would give counties the power to grant this authority to oversight boards or inspectors general.
Hopkins said she expects the Legislature to approve AB 1185 before the county ordinance would take effect, if it is approved by voters.
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