LAKEPORT — A partial ruling was issued Friday in the ongoing lawsuit between Sheriff Frank Rivero and the Lake County Board of Supervisors (BOS).
Judge Richard J. Henderson ruled Rivero”s ability to perform his job was affected, that a conflict of interest did exist within the county counsel”s office and that he made a request to the BOS for outside counsel to represent him, according to County Counsel Anita Grant.
The partial ruling came after a July 20 hearing.
The lawsuit arose after District Attorney Don Anderson reportedly received information that Rivero was untruthful during an investigation into an on-duty shooting involving Rivero in February 2008. Then a sheriff”s deputy, Rivero went after a suspect who allegedly brandished a weapon. No one was injured in the incident.
Investigations by the Lake County Sheriff”s Office and DA”s Office cleared Rivero of any criminal charges in the matter. Anderson said earlier this year he was not investigating criminal violations related to the shooting incident.
Anderson attempted to set up a meeting with Rivero in November 2011 to discuss the alleged untruthfulness, first in a panel hearing and later in an “informal” meeting between the two elected officials.
In late January, Rivero requested the BOS provide him with legal counsel for the meeting. Grant said her office had a conflict of interest and could not represent either party.
On March 6, after a few weeks of discussion, the BOS denied Rivero”s request for outside counsel by a 4-1 vote. The BOS argued an “ethical wall” could be created within the county counsel”s office to provide Rivero with representation that wouldn”t involve taxpayer funds.
Rivero insisted a conflict existed and filed a petition with the court in late March. The BOS is listed as the respondent. Lake County is a “real party in interest.”
Grant said that Henderson asked for additional briefs to be filed related to the “ethical wall” within the county counsel”s office.
Briefings are due by Aug. 24, and Henderson will issue a full decision by Aug. 28 after receiving the requested briefs.
Paul Coble of law firm Jones and Mayer represented Rivero at the July hearing. Deputy County Counsel Lloyd Guintivano represented the BOS.
Kevin N. Hume can be reached at kevin.n.hume@gmail.com or call directly 263-5636 ext. 14. Follow on Twitter: @KevinNHume.
