LAKEPORT – The Lake County Board of Supervisors (BOS) Tuesday voted unanimously to direct county counsel to contact the District Attorney”s Office regarding a DA investigation of Sheriff Frank Rivero.
The matter was first discussed on Feb. 14 and was carried over to Tuesday”s meeting. Rivero asked the county to provide funding for private legal counsel during the investigation into a shooting that occurred four years ago when Rivero was a Lake County Sheriff”s Office (LCSO) deputy.
The shooting occurred on Feb. 19, 2008 when LCSO deputies attempted to conduct a welfare check on a convicted felon in Whispering Pines. Rivero provided the BOS with a memo, dated Sept. 25, 2008, from then-LCSO Capt. Jim Bauman regarding an LCSO internal investigation of the incident.
According to the memo, Rivero fired his gun in self-defense after being provoked. The LCSO issued statements about the incident in late February 2008 that said the suspect, Victor B. Rodin, brandished an apparent weapon before any shot was fired. Rodin reportedly was not injured by the shot. He fled the scene and was caught the following day, the LCSO reported.
The completed investigation found Rivero”s actions “were appropriate, justified and in accordance with department policy,” according to the memo.
County Counsel Anita Grant determined her office could not represent either side in the matter because of a conflict of interest.
According to California Government Code 31000.6, upon request of the county assessor or sheriff, the board of supervisors shall provide legal counsel to assist the assessor or sheriff in the performance of his or her duties in any case where the county counsel or district attorney would have a conflict of interest representing them.
BOS Chair Rob Brown said the Peace Officers Research Association of California (PORAC) Legal Defense Fund would not cover attorney fees because this is not a criminal matter.
District 2 Supervisor Jeff Smith said the incident occurred before Rivero was the sheriff, which made the matter “unclear.”
Rivero said he was trying to protect his rights and make sure the DA”s investigation is performed legally without overstepping any boundaries. Brown said it is not the responsibility of the BOS to regulate the job of the district attorney, adding he didn”t think it was right for the county to provide representation when the incident occurred before Rivero was elected sheriff.
District 4 Supervisor Anthony Farrington suggested looking into an ex parte judicial proceeding, adding a judge should have a role in this decision. An ex parte judicial hearing is conducted by a judge without requiring all parties to be present. Farrington also suggested asking Anderson to consent to setting up an “ethical wall” within the County Counsel”s Office in order for an attorney in the department to represent Rivero.
Grant said she was “uneasy” with putting her office”s conflict before a judge. She said it could be possible to set up a “wall” for someone in her department to represent Rivero but said it isn”t “natural.”
Farrington said he wanted the matter to be resolved without using taxpayer money. He made a motion to direct Grant to contact Anderson to waive a conflict of interest and see if an ethical wall could be created to get representation for Rivero, which the supervisors unanimously approved.
According to Farrington, Rivero contacted Grant following the meeting and asserted the County Counsel”s Office has a conflict of interest and he will not consent to waiving that conflict. Farrington said Rivero has found outside representation and will again petition the BOS to fund it.
“I think it”s a big mistake for him (Rivero) to not accept that representation,” Farrington said.
Farrington said the matter has been placed on the Feb. 28 regular meeting agenda.
Kevin N. Hume can be reached at kevin.n.hume@gmail.com or call directly 263-5636 ext. 14.
