LAKEPORT — The Lake County Board of Supervisors (BOS) appointed an attorney for Sheriff Frank Rivero in an ongoing legal matter following a tense discussion Tuesday.
The supervisors voted 3-1 to appoint Southern California law firm Jones and Mayer, who represented the sheriff in a July court hearing, to represent him in a meeting with District Attorney Don Anderson. BOS Chair Rob Brown was in dissent.
Anderson informed Rivero last November he received information that Rivero may not have been truthful in an investigation into a February 2008 shooting incident that occurred when Rivero was a Lake County Sheriff”s Office (LCSO) deputy.
Rivero fired a shot at a suspect who reportedly brandished a weapon. The man was not injured and no criminal charges were filed against Rivero following investigations by the LCSO and the DA”s Office.
Anderson contended if Rivero was untruthful, he would have to disclose that information to parties in prosecutions in which Rivero could be a witness, under the case of Brady v. Maryland. The information could be used to impeach an officer”s testimony.
Rivero petitioned the BOS for an attorney to represent him in the meeting with Anderson in January.
Following discussion at multiple meetings, the supervisors denied Rivero private legal counsel on March 6, arguing he could be represented by someone within the County Counsel”s Office by arranging an “ethical wall.”
Rivero declared a conflict of interest and filed a writ with the court petitioning for legal counsel in the matter.
Judge Richard J. Henderson ruled in Rivero”s favor in late August.
On Tuesday, County Counsel Anita Grant said Rivero”s legal fees totaled $5,610 thus far, according to an email from Paul Coble, a lawyer at Jones and Mayer.
She recommended the supervisors cap it at $6,500. She said if the amount needed to be increased, it should be brought back before the supervisors for approval.
Grant said State Attorney General Kamala Harris determined that when a conflict exists and independent counsel is to be provided, the sheriff may select the counsel and the county BOS would be responsible for the payment of attorney fees.
Brown said that taxpayer funds being used to provide Rivero counsel should be spent locally.
District 4 Supervisor Anthony Farrington said he had concerns about using taxpayer money from the beginning.
Farrington asked Rivero about reimbursing him for out-of-pocket expenses in the matter. Rivero said he didn”t have that figure with him.
Grant said the amount totaled $14,000 to date for items such as airfare, rental car, lodging and a per diem, according to an email from Coble.
Rivero said the attorney fees were incurred while getting the BOS to “follow the law.”
“If you (the BOS) opted to follow the clearly stated statute, we wouldn”t be here today talking about costs incurred in defending the lawsuit against you,” he said.
Farrington said he was communicating with Rivero via email in January to facilitate a meeting with Anderson using representation from the County Counsel”s Office. He said Rivero “baited and switched” and decided he did not want the office”s representation.
Rivero denied the allegation. Farrington said the email exchanges documented a different story.
Farrington asked Grant to draft a letter to Anderson to move forward swiftly on whether to put Rivero on the Brady list, to which the BOS gave consensus.
The supervisors discussed funding sources for reimbursing the sheriff. Grant said they could use the local assistance for rural and small county law enforcement fund.
Interim County Administrative Officer Matt Perry said the BOS would have to place canceling the fund on the agenda in order to use the funds to reimburse Rivero.
The supervisors voted 4-0 to identify a source of funding in order to reimburse Rivero.
In other matters, the BOS moved to take up a bid award request from the LCSO for an upgrade to the central dispatch server and network infrastructure.
The item was approved last week. Perry said it was brought back because of an “unusual” request from the vendor for a credit application.
Grant said the county would accrue debt and then collect on the matter. She said as long as the LCSO was comfortable with the price and term, it wouldn”t place the county in jeopardy.
The supervisors approved the agreement.
Earlier, a revision to the county”s realignment plan was approved.
Chief Probation Officer Rob Howe said the state Board of State and Community Corrections enacted 2012-13 budget included an additional round of training funds available for counties, of which $100,000 was available to Lake County upon approval.
The supervisors chose to hold off on appointing a new member to the Clear Lake Advisory Committee in order to discuss with Public Works Director Scott De Leon to establish guidelines for the committee.
