LAKE COUNTY >> From county staff and supervisors to law enforcement officials, few have a kind word to offer former sheriff Frank Rivero.
Asked to analyze Rivero’s administration of the sheriff’s office, answers establish a very fine line between the desire to move forward without dwelling on the past and the grief caused by Rivero’s alienation from nearly every county department and agency to the numerous legal battles during his four years in office.
Despite his past claims, the widespread ill feelings toward Rivero can’t simply be boiled down to an unfounded bias against his efforts when the price tag associated with his administrative choices now tops six figures, possibly more.
District 5 Supervisor Rob Brown, albeit one of Rivero’s most fervent critics, told the Santa Rosa Press Democrat in late 2013 he believed Rivero to have cost the county nearly $750,000. Currently, he said he would roughly estimate Rivero’s bill to be nearing a million dollars.
But even if that estimate is exaggerated, other officials consistently say they’ve never heard of a sheriff costing a county so much money or heartache. And nearly all interviewed express dismay at the amount of funds that have slipped through the jurisdiction.
“I’ve never heard or experienced anyone doing anything like he did,” District 1 Supervisor Jim Comstock added. “It’s very, very unfortunate he took money away that could have been used to serve members of the county.”
“Based on the research I’ve done personally, we’ve had more money spent and more lawsuits filed under Sheriff Rivero’s term than all other sheriffs in Lake County combined,” Brown said. “And about 90 percent of those were a result of him personally.”
The new sheriff, Brian Martin, recognizes that some allegations from the past may affect the office.
“There’s no way I can promise I won’t be involved in lawsuits,” Martin said. “But what I don’t intend to do is have any lawsuits brought against us because of reckless, negligent or spiteful behavior.”
Martin said Rivero’s public records lawsuit with Lake County News was the most notable example, describing the case as “completely avoidable.”
Following some unfavorable press, Rivero cut the online news site off from receiving press releases and other public safety information, resulting in the county being ordered to pay $110,990 in attorney’s fees and court costs.
A list of other lawsuits surround Rivero’s single, four-year term in Lake County, some of which haven’t been resolved and for whic the county is still awaiting the invoices.
Rivero is named in the August raids of medical marijuana patients, ruled unconstitutional by a federal court, to which plaintiffs seek more than $600,000 in damages.
Most recently, the county received another tab for $85,000 to cover Rivero’s expenses from his legal fight against being placed on the Brady List, a status that calls into question a government witness’s credibility in a court of law.
His listing came about during District Attorney (DA) Don Anderson’s investigation into a 2008 incident that occurred when Rivero was still a deputy.
Following his response to a domestic dispute and a ride with his labor representative before being questioned, Rivero’s account of his reasoning for firing at a suspect conflicted with accounts from two witnesses, his accompanying deputy and a Lake County Sheriffs Office (LCSO) sergeant.
Throughout Anderson’s investigation, the county Board of Supervisors (BOS) was reluctant to pay for a private attorney for Rivero with county counsel citing a conflict of interest. But following Anderson’s decision, they argued they no longer needed to cover Rivero’s legal expenses while he appealed the decision and sought a restraining order to prohibit Anderson from releasing the results of the investigation.
His further appeal to the 1st District Court brought the ruling that the county would be responsible for footing Rivero’s entire bill.
Back in 2013, Rivero’s reported discontinuation of Lakeport Police Department’s (LPD) access to a records management system, called RIMs, also resulted in a lawsuit. While LPD was granted an injunction hooking them back up to the database, $60,000 later the issue is not officially resolved and the city could potentially require the county to pay for its legal fees.
Other legal actions taken against Rivero include a dispute with the Lake County Correctional Officers’ Association (LCCOA) over the county’s correctional officers’ peace officer status being removed by Rivero. The matter was settled with the county only incurred litigation costs.
The Lake County Deputy Sheriff Association (LCDSA) also filed suit over Rivero’s interrogation of Sgt. Corey Paulic, although the court sided with the LCSO.
A settlement, allegedly for $250,000 according to Brown, was also made after Rivero terminated several employees and the county was required to retroactively pay salaries.
NOTABLE INCIDENTS
In leaving his office, Rivero also leaves a legacy of management practices and administrative decisions. His conduct has not only unnecessarily cost taxpayer money but also put the county’s and cities’ officers in danger, according to Anderson.
One of Rivero’s alleged errors ended up entangling Clearlake Police Department (CPD) officers in a standoff with LCSO deputies when Rivero reportedly ordered an undercover drug bust be conducted on a house in Clearlake without informing the CPD of his plans. A resident of the home was allegedly never told the deputies were cops and called 911.
According to Anderson, at one point a CPD sniper had an LCSO drug task force agent in his crosshairs.
“If he (the LCSO agent) had had a gun, the sniper would have shot him,” Anderson said.
Around the same time, Rivero also allegedly received information that 150 Hells Angels club members were on there way to a showdown with a group of Vagos members, who were already gathered in downtown Lakeport. With snipers in the hills and about 30 law enforcement vehicles from multiple agencies on their way (sirens blaring), Rivero attempted to block any Hells Angels members’ entrance at the county line.
The Hells Angels were never on the way, though. Rivero’s attempt to block their entrance was later declared illegal by the DA.
Even after the lawsuit settlement with Lake County News, information was hard to squeeze out of the office. Press releases on shootings and other news that would be relevant to the public safety was often late or never volunteered. Even at the scene of an incident, the press was only allowed to speak with Rivero or the LCSO public information officer, Lt. Steve Brooks.
Summing up these practices, Anderson offers poignant words.
“We escaped a lot of problems that could have been a whole lot worse. It was just for the grace of God they didn’t turn out really bad,” he said.
Brown added the county, its officers and the public literally dodged a bullet under Rivero’s hand. “We’re lucky we didn’t have a really tragic incident as a result of his lack of leadership.”
For his mismanagement, Rivero was subject to a unanimous vote of no confidence by the BOS and was asked to resign in March 2013. A public recall effort also just missed the required number of signatures to place the initiative on a special ballot in late 2013.
LOOKING FORWARD
A handful of officials, who prefer to talk about the future rather than the past, express not only their relief but also the respite that is beginning now that Martin has officially been passed the badge.
“Yes there were strained relationships, but at this point he’s not the sheriff anymore and I’d like to move forward,” LPD Chief Brad Rasmussen said.
“There’s a new sheriff and I’m looking forward to having a positive and professional relationship with the new administration,” CPD Chief Craig Clausen echoed.
“We need to look forward,” District 2 Supervisor Jeff Smith said. “We have a brand new sheriff in office and he’s going to do a great job in there.”
Declining to comment on Rivero’s administration, LCDSA President John Drewrey said the association is “very excited about the future of the sheriff’s department” and “will continue to strive in strengthening the relationships we have within our communities and allied agencies.”
Brown warns, perhaps a little crudely, that just because Rivero is out of office doesn’t mean the lawsuits are over.
“It’s not done. Frank Rivero is like a STD; he’s the gift that keeps on giving,” Brown said, noting he’d be more surprised if fresh lawsuits and bills didn’t surface.
For his part, Martin said he’ll leave the lawsuits to the courtroom. Otherwise, it’s time for a fresh start.
“The advice I’ve given my staff is let’s put the past behind us and focus on the future. It’s time to put our boots on the ground and start working.”
Rivero, Brooks, the LCCOA, County Counsel Anita Grant and Administrator Matt Perry either declined to comment or did not return calls by press time.
