LAKEPORT — A judge Friday said a decision was expected within a few weeks regarding a writ of mandate hearing between Sheriff Frank Rivero and the Lake County Board of Supervisors (BOS).
Rivero filed a petition in late March, asking the court to order the BOS to provide private legal counsel during a reported District Attorney”s Office investigation and to pay for attorney fees associated with the civil case.
The petition lists the BOS as the respondent, with Lake County as a “real party in interest.”
The BOS voted 4-1 on March 6 to deny Rivero”s request for private legal counsel.
The DA”s Office was investigating an on-duty shooting involving Rivero when he was a sheriff”s deputy in February 2008, according to court records.
The Lake County Sheriff”s Office (LCSO) reported at the time that the then-deputy fired a single shot after a suspect brandished an apparent weapon. The man was reportedly uninjured.
The LCSO and DA”s Office investigated the incident at the time and no criminal charges were filed against Rivero.
District Attorney Don Anderson said earlier this year that his office was not investigating criminal violations related to the shooting incident.
Anderson stated in a declaration filed with the court that his office opened an investigation into the shooting after receiving information more than a year ago questioning Rivero”s honesty during the original inquiry.
Judge Richard J. Henderson presided during the 90-minute hearing. Deputy County Counsel Lloyd Guintivano represented the BOS. Paul Coble of law firm Jones and Mayer represented Rivero.
Coble argued the BOS has a legal obligation to provide the sheriff with legal representation to assist the Sheriff in the performance of their duties when the county counsel or district attorney would have a conflict of interest in representing them.
Coble said County Counsel Anita Grant declared a conflict existed and she could not represent either party at the time. He said the BOS asserted an “ethical wall” could be created within the County Counsel”s Office so that an attorney within the office could represent Rivero.
Coble said Anderson intended to have a meeting with Rivero to discuss the Sheriff”s credibility, which would impede him in the performance of his duties and the BOS was required to supply him with counsel.
Guintivano argued the meeting between Anderson and Rivero would not impede the sheriff in performing his duties because Anderson offered the meeting as a courtesy to the Sheriff. Guintivano said the men would discuss matters related to the investigation. He said nothing associated with the meeting required the Sheriff be supplied with legal counsel.
Guintivano said Grant agreed with the BOS assertion of an “ethical wall” could provide Rivero with representation.
Kevin N. Hume can be reached at kevin.n.hume@gmail.com or call directly 263-5636 ext. 14. Follow on Twitter: @KevinNHume.
