How to resolve AdBlock issue? Appellate court upholds supervisors' decision not to rehire sheriff's sergeant
LAKE COUNTY, Calif. – An appellate court has upheld the Board of Supervisors' October 2011 decision not to rehire a sheriff's sergeant who an independent hearing officer suggested should be reinstated.
Last week the First Appellate District Court of Appeal handed down the ruling in the case of James Beland, who filed suit against the county in order to get his job back.
When contacted by Lake County News about the case, Beland declined to comment. His attorney, Scott Lewis of Santa Rosa, did not respond to messages requesting a statement on the outcome and any possible next steps.
Then-Sheriff Rod Mitchell fired Beland in December 2008 for a list of reasons including insubordination, willful disobedience, dishonesty, criticism of orders and “failure of good behavior” causing discredit to the department, according to case documents.
The sheriff's office conducted eight internal affairs investigations of Beland from April 2007 to June 2008, with the first two relating to an incident in which it was alleged that Beland struck a subordinate on the head.
One of the key issues under review was his conflicting statements to investigating officers and in court testimony about having wanted to administer a breathalyzer test to then-Chief Deputy Russell Perdock, who was driving a speedboat that collided with a sailboat in April 2006 on Clear Lake, resulting in one fatality.
Beland said he was ordered by more senior personnel at the scene not to give the test, but instead to take Perdock to St. Helena Hospital Clear Lake for a blood draw.
After Beland's firing there was an administrative hearing process leading to a hearing officer's suggestion that he be rehired. The hearing officer concluded that the county hadn't established by a preponderance of evidence that Beland was dismissed for cause and disagreed that he was insubordinate.
The hearing officer also said she couldn't conclude that Beland was being intentionally misleading about his boat crash case statements, instead suggesting that it was “a matter of over-reliance on memory weakened by the passage of time.”
Additionally, the hearing officer concluded that Beland was entitled to be “reinstated to his former position without loss of seniority or other contract benefits, and made whole for any and all loss of earnings occasioned by his dismissal.”
As the result of a closed session discussion, the Board of Supervisors accepted the hearing officer's factual findings but disagreed with her conclusions about whether Beland had been insubordinate, willfully disobedient or dishonest, and rejected the recommendation that he be rehired, case documents explained.
The vote to deny Beland's appeal was 4-1, with Supervisor Anthony Farrington the lone dissenter, according to board voting records.
Beland subsequently sued, arguing that the board exceeded its power under a memorandum of understanding with the deputies' union to reject the hearing officer's decision, and also alleged that the closed session discussion violated his rights under the Brown Act and voided his termination.
The appellate court, however, found the memorandum of understanding authorized the board to reject the recommendation for rehire, and that the board did not violate the Brown Act.
A month after the board made its decision, Beland responded with a $3.7 million tort claim that later was rejected. He followed up by filing a civil case against the county in 2012 to seek monetary damages.
Because Beland's wrongful termination lawsuit remains active, County Counsel Anita Grant told Lake County News that there was little she could say in response to the appellate court ruling.
Grant said that, as of Friday, the county had received no indication from Beland or his attorney about what actions may be taken next in that suit.
The county successfully sought a stay of Beland's civil complaint pending the outcome of the writ of administrative mandamus he was seeking from the appellate court, based on the case files. A stipulation and order for that stay was filed in March 2014.
Court records showed that on Jan. 12 a case management conference was held in the case, with the minutes of that hearing indicating the superior court was still awaiting the outcome of the appellate court, which filed its decision Jan. 19.
The next case management conference in the case is set for April 19 in Lake County Superior Court.
The appellate court's decision said that the county of Lake “shall recover its costs on appeal.”
“It's not a huge amount,” said Grant, who didn't have an estimated number handy, saying it was likely still being calculated and would mostly cover case filing costs only.
“Costs don't ever include attorney's fees unless it's specifically ordered and it wasn't in this case,” she said.
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011916 Beland case - A140533-1
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Kelseyville woman arrested for head-on DUI crash; police seeking witnesses
LAKEPORT, Calif. – Lakeport Police officers arrested a Kelseyville woman for drunk driving on Friday night following a head-on drunk driving crash that injured two people, one seriously.
Athina Marlene Cook, 31, was arrested for felony drunk driving causing injury, reckless driving on a highway, driving while on drunk driving court probation, reckless driving causing a specified injury, reckless driving with injury and for being in violation of probation, according to Lakeport Police Chief Brad Rasmussen.
At approximately 10:30 p.m. Friday Lakeport Police officers were dispatched to the 1000 block of Lakeport Boulevard to investigate the report of a head-on vehicle collision. While en route to the scene officers were further advised that one of the involved drivers may be intoxicated, Rasmussen said.
Upon arrival, officers determined that two vehicles – a blue 2012 Scion IQ driven by Cook and a red 1999 Honda CRV – had collided head-on in the eastbound lane of Lakeport Boulevard, Rasmussen said.
The driver of the Honda was identified as a 19-year-old Lakeport female who is approximately 9 months pregnant. Rasmussen said at the time of the collision it was not known if she suffered any serious injuries.
He said a 21-year-old Lakeport man who was riding as a passenger in the Honda suffered serious injuries including possible broken bones.
Both victims were transported to Sutter Lakeside Hospital for treatment. No further information on their condition was available Saturday afternoon, Rasmussen said.
Rasmussen said that during the investigation, officers gathered information to indicate that, at the time of the collision, Cook's vehicle was traveling west in the eastbound lane of Lakeport Boulevard at up to 60 miles per hour.
Emergency medical units from the Lakeport Fire Protection District evaluated Cook at the scene and determined that she did not have any injuries requiring her to be transported to a hospital, Rasmussen said.
He said officers evaluated Cook, determined that she was intoxicated and placed her under arrest. During the investigation officers determined that Cook was currently on probation for a prior drunk driving conviction.
Officers transported Cook to Sutter Lakeside Hospital where she submitted to a blood alcohol test and also was medically cleared for booking. Rasmussen said on Saturday afternoon that her blood alcohol results were not yet available.
Police then transported Cook to the Lake County Correctional Facility where she was booked, Rasmussen said.
Cook, whose booking sheet lists her occupation as a nurse, is being held without bail.
Rasmussen said Lakeport Police officers last arrested Cook for drunk driving at 2 a.m. Oct. 7, 2012, after she came close to hitting an officer and three citizens on Armstrong Street while driving with a blood alcohol level of more than twice the legal limit.
In that case, the officer was only able to order the citizens out of the way and get out of the way himself within seconds of being hit, Rasmussen said.
Cook's vehicle was impounded for evidence and is pending further examination, Rasmussen said.
He said the investigation remains ongoing, and if anyone witnessed this collision or has information regarding Cook’s intoxicated and dangerous driving prior to the collision, police ask that you contact Officer Dustin Roderick at 707-263-5491, Extension 17, or by email at
“We ask that all drivers keep our streets safe and not drive under the influence of alcohol or drugs,” said Rasmussen. “Call a friend, family member or a taxi, it is not worth risking other people’s lives.”
He asked that community members call 911 to report all suspected drunk drivers on streets and highways.
“Lakeport Police patrol officers will continue to aggressively search for those choosing to drive impaired and endangering our streets,” Rasmussen said.
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Clearlake Police Department honors officers, retiring K9s
CLEARLAKE, Calif. – At Thursday's Clearlake City Council meeting, the Clearlake Police Department introduced a new officer, honored another for outstanding work and bid farewell to two retiring police K9s.
Acting Chief Tim Celli made the presentations, and starting off by introducing Jared Nixon, the agency's newest officer.
Nixon, 26, had been with the city for 10 weeks and currently is in the field officer training program. He's a military veteran, having served five years as a hospital corpsman, and he attended Santa Rosa Junior College.
Celli also introduced Officer Joseph Myers, presenting him with a certificate of commendation for his work to investigate an armed robbery at Bank of the West in July.
Myers' efforts contributed to the arrest in October of suspect Samuel Campbell, who the Federal Bureau of Investigation took into custody in Flint, Mich.
Celli said Myers investigated the armed robbery and worked every available lead, reaching out to the FBI for its assistance.
Latent fingerprints taken at the bank were sent to the California Department of Justice lab, which identified them as belonging to Campbell, a former New York resident who had been staying in Clearlake, according to Celli.
In November the Clearlake Police Department received a letter from Bank of the West commending Myers for his work, and describing his efforts to keep the bank informed throughout the investigation.
“Had it not been for your dedication to the city and this investigation, it's possible an arrest would not have been made,” Celli said before shaking Myers' hand.
Celli then introduced the retiring K9 teams, Sgt. Travis Lenz and Dex, and Det. Elvis Cook and Max. Both dogs are Belgian Malinois.
Lenz and Cook themselves aren't retiring but going on to other assignments, but their four-legged partners will be hanging up their badges. Celli said the department has plans to acquire new police K9s.
Lenz started with the department in 2009, and Dex – trained in apprehension and narcotics detection – arrived in 2010. They were paired in 2014, Celli said.
Cook joined the Clearlake Police Department in 2011, coming from the Lake County Sheriff's Office, where he had experience as a K9 handler. In 2012 he was paired with Max, who Celli said had been donated by another law enforcement agency.
“Sgt. Lenz and Det. Cook are specifically trained to assist patrol officers and other law enforcement personnel in their work, searching for lost people, looking for crime scene evidence and protecting the public,” Celli said.
Celli said k9 handlers must be flexible in thinking and able to make decisions on the fly, and work long and strenuous hours.
“As a police K9 officer you have to learn to think differently, not as a police officer with a dog, but as a dog handler,” Celli said.
He said the teams have been extremely successful, with both both Lenz and Cook having excellent work records. They've succeeded in getting numerous suspect surrenders and narcotics detections.
Also important are their public demonstrations, as Celli said it's vital to the success of a good K9 program to get public support.
Celli presented plaques to the teams. He explained that Cook has been promoted to detective and Lenz has been promoted to sergeant, and also is taking over the duties of the K9 supervisor.
Both men purchased the dogs, who will stay with them for the rest of their lives, Celli said.
Mayor Russ Perdock called for a break so the officers and their families could take pictures, and both dogs got hugs from the officers' children.
The Clearlake Police K9 Program can be found on Facebook at https://www.facebook.com/CPDK9/?fref=ts .
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Police arrest three at red-tagged Clearlake home
CLEARLAKE, Calif. – On Saturday the Clearlake Police Department arrested three people on various charges after finding them in a red-tagged residence in the city.
Arrested were Clearlake resident Marcus James Kirk, 41; Ashley Inet King, 27; and 32-year-old Justin Lee Beebe, the agency said.
At 10:30 a.m. Saturday Officer Michael Perreault responded to a report of several subjects inside a red-tagged residence located in the 14500 block of Uhl Avenue.
In the city of Clearlake, structures are only red-tagged by Clearlake Code Enforcement when they are not safe for habitation, according to the police report.
Being on the property of a red-tagged structure can be a violation of the Uniform Housing Code depending on the purpose for being on the property and the time and day of the week, police reported.
When Officer Perreault arrived he located numerous persons inside the residence. One subject – identified as Kirk – was seen walking out of a rear empty bathroom.
Perreault located a loaded firearm in the bathroom Kirk had just exited. Kirk was found to be a convicted felon and placed under arrest for being a felon in possession of a firearm and ammunition.
King also was located at the residence. Police said she was found to be in possession of two pieces of identification from two other Clearlake residents who reported being prior victims of theft, with these specific pieces of identification reported stolen.
King was arrested and charged with possession of stolen property, police said.
In front of the residence was parked a newer white Subaru SUV that police said was displaying paper dealer plates as if the vehicle had recently been purchased.
Beebe, who also was inside the home with the others, claimed that he was borrowing the vehicle from a friend and was in possession of the vehicle keys, police said.
Upon checking the vehicle identification number, Perreault found that the Subaru was a stolen vehicle out of Sparks, Nev. The vehicle had been stolen from the owner’s driveway back in November 2015.
Beebe was charged with possession of stolen property, police said.
The remaining persons at the residence were allowed to leave without charges, according to police.
Beebe, King and Kirk all were later booked into the Lake County Jail, with their bail set at $15,000; $5,000; and $15,000, respectively, according to jail records.
Beebe and Kirk remained in custody early Saturday, with King having been released after posting the required portion of bail.
Anyone with information about this case is asked to contact Officer Perreault at 707-994-8251, Extension 519.
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Police investigate armed robbery, arrest person of interest for firearm charges
CLEARLAKE, Calif. – A Clearlake man has been taken into custody on firearm-related charges and also has been named a person of interest in a Saturday morning armed robbery.
The Clearlake Police Department said it has arrested 20-year-old Isaiah Matthew Dominguez.
In the early morning hours on Saturday the Clearlake Police Department received a report of a robbery with the use of a firearm in the 3500 block of Moose Trail in Clearlake, the agency reported.
Police said the victim did not suffer any serious injuries.
During that investigation, the department said leads were followed up on which led officers to a residence also in the 3500 block of Moose Trail.
Officers subsequently conducted a probation search of the residence, finding a loaded firearm in the process, the agency said.
Police said Dominguez was arrested for possession of a firearm and ammunition by a convicted felon, and a felony probation violation, and booked into the Lake County Jail.
Dominguez also is a person of interest in the robbery case, which the Clearlake Police Department said is still under investigation.
Anyone with information about this case is asked to contact Officer Jesse Scott. He can be reached at 707-994-8251, Extension 544.
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