Group seeking sheriff’s recall files paperwork with county registrar of voters

LAKE COUNTY, Calif. – The day after the county’s sheriff received a no confidence vote from the Board of Supervisors, a group of citizens took the next step in the effort to remove the sheriff from office.

On Wednesday morning, the notice of intent to recall Sheriff Frank Rivero was filed with the Registrar of Voters’ office, according to Chris Rivera, a retired Lake County Sheriff’s sergeant who is the spokesman for the Committee to Recall Rivero and Restore Integrity.

Supervisor Rob Brown dropped off the application at the courthouse. He said he is not a member of the committee, the membership of which has not yet been announced.

Rivero, who took office in January 2011, was served with notice of the group’s intent to circulate the recall petition the previous day, as Lake County News has reported.

Retired Det. Tom Andrews, who Rivero wrongfully terminated and was later reinstated by the Board of Supervisors, handed Rivero the notice.

The recall process is a complex one that must carefully follow rules set out in California Elections Code.

To begin with, the initial notice required 20 signatures of registered voters. The committee reported that 39 people signed the initial document.

The grounds for the recall of Rivero stated in the notice of intention to circulate the petition include conducting himself in an unethical manner, failing to form a citizens’ oversight committee as he had promised to do during the campaign, and alienating “every law enforcement agency in the County as well as the entire Board of Supervisors with your lack of accountability and your failed leadership.”

But the chief reason is that Rivero was determined by the District Attorney’s Office to have lied about his actions during a nonfatal 2008 shooting, with District Attorney Don Anderson placing him on a “Brady” list of officers with credibility issues.

In order to comply with his requirements under the 1963 US Supreme Court case Brady v. Maryland, Anderson must now disclose Rivero’s credibility concerns to all criminal defendants in cases in which Rivero is a material witness.

It’s believed that Rivero is the first California sheriff to have ever had a Brady determination; the Peace Officers Research Association of California told Lake County News that it is unaware of any previous sheriff in the state ever being placed on a Brady list.

The grounds for recall also states that Rivero attempted to withhold information about his false statements in the shooting investigation in violation of public disclosure laws, with his Brady listing also potentially making Lake County taxpayers liable for costly lawsuits.

Rivero has seven days to respond to the notice served on him Tuesday. The notice also must be published in a newspaper of general circulation, according to the recall guidelines outlined by election codes.

Next is signature gathering by the recall proponents. Lake County Registrar of Voters Diane Fridley said her office must approve the format of the signature petitions. State election code gives explicit rules about how the forms must be formatted.

Once the forms are approved, Fridley said signature gathering can begin.

Based on state elections code, Fridley said that within a 120-day period those circulating Rivero’s recall petition must collect approximately 7,026 signatures of registered voters who live in the county and are qualified to vote for the sheriff.

The elections code bases that required signature number on 20 percent of the number of registered voters last reported to the California Secretary of State’s Office.

Fridley’s office’s last report to the state, through Feb. 10, counted 35,132 registered voters in Lake County.

The petitions themselves can only be circulated by registered voters who can vote for the sheriff, the election code states.

Once the signatures are collected, elections officials must confirm the signatures are valid, certify the results and issue a certificate of sufficiency to the Board of Supervisors, according to elections law.

Within 14 days of receiving the certificate of sufficiency, the Board of Supervisors must issue an order stating that an election will be held to determine if Rivero should be recalled. Election code requires that the election be held between 88 and 125 days after the board issues the recall election order. That recall election can be consolidated with any regular or special elections taking place during that time.

Then there is the matter of a candidate to run as an alternative to Rivero. Election code states that any candidates wanting to seek the seat of the public officer facing recall must file nomination papers and declaration of candidacy not less than 75 days prior to the date of the election and not before the day the order of the election is issued.

The ballot will ask if Rivero is be removed from office and then offer voters a choice of at least one other candidate to succeed him.

Last summer, retired Clearlake Police Chief Bob Chalk said he would run for sheriff in 2014, but he and other potential candidates so far have not indicated if they will seek to have their names placed on a recall ballot.

A simple majority vote can remove Rivero from office. The candidate who receives the highest numbers of votes will succeed him.

The process can be difficult, and hasn’t been followed often in Lake County, according to a review of elections records.

Fridley’s staff is researching previous recalls of county officials based on a Lake County News request for information on the frequency of recalls locally.

So far, District 1 Supervisor and Board Chair Robert M. Jones of Clearlake Highlands appears to have been the last county supervisor to be recalled. That occurred in a vote on Nov. 7, 1978, according to election records and media reports from the time.

Five citizens from Lower Lake and Clearlake Highlands began Jones’ recall effort based on complaints that he was unresponsive to his constituents, did not seem concerned about police protection and that he had supported a salary increase for supervisors despite a ballot measure that forbid giving board members raises.

Fridley told Lake County News that there have been other recall attempts on supervisors since then, but they’ve not succeeded. She did not know if a sheriff had ever been recalled in Lake County.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.

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Written by: Elizabeth Larson

Published: 21 March 2013

Supervisors give sheriff no confidence vote after lengthy, contentious hearing

LAKEPORT, Calif. – At the end of a nearly three-hour session before a packed gallery, the Board of Supervisors voted unanimously that its members had no confidence in the county's sheriff, and they were seeking his resignation.

While the session over the proposal regarding Sheriff Frank Rivero illustrated the deep divisions that he still engenders in the community – both those for and against him spoke to the board on the matter – the board itself was united.

And while the vote won't remove Rivero from office, Supervisor Denise Rushing said it showed the board's lack of confidence in Rivero's leadership.

She also pointed out, “I think this county is in deep need of healing.”

Supervisors Anthony Farrington and Rob Brown asked the board to take the action, citing a litany of issues, from conflicts with the deputy and correctional officers' associations, wrongful employee terminations, the blacklisting of Lake County News, lack of communication, lawsuits, disagreements about a proposed Clearlake Oaks substation, the sheriff's poor treatment of his staff and other county employees, and, most recently, the District Attorney's Office's conclusion that Rivero lied about a 2008 nonfatal shooting, leading to him being placed on a list of officers with credibility issues.

Between lawsuits and staff time needed to address the issues with Rivero, Farrington estimated about $250,000 in taxpayer funds had been spent.

Rivero, who had been served with a notice of recall by a community group shortly before the discussion began, called the hearing “illegitimate and a sham,” before launching into a lengthy statement that included accusations of corruption by the board and a broad spectrum of county officials.

He said he had been exonerated of any wrongdoing following the 2008 shooting. “I will fight this fight until I'm cleared again and vindicated.”

Rivero, who insisted that all of his statements were factual, would be corrected numerous times throughout the discussion by board members and other officials who pointed out inaccurate statements.

He accused Farrington of trying to get District Attorney Don Anderson to prosecute his stepbrother on a criminal matter. Farrington pointed out that his stepbrother was dead and his stepfather pleaded guilty to forging documents. “Get your facts straight.”

Rivero accused Brown of controlling the sheriff's office under former Sheriff Rod Mitchell, and alleged that Brown used his friendship with Anderson to get the district attorney not to prosecute him for an incident last year in which Rivero said Brown “beat” a man.

Brown said he punched the man in self defense after the man took hold of his arm. Anderson referred the matter to the California Attorney General's Office due to Brown being on the board. That agency referred it back to Anderson, who reviewed it along with Mendocino County District Attorney David Eyster, and concluded there was insufficient evidence of an assault to proceed.

Rivero accused Brown of showing around a picture of a potential suspect in the January Forrest Seagrave armed robbery and murder to people around the county. He also claimed Brown had done illegal grading on his property – Brown said the tractor Rivero focused on had a dead battery since last summer – and suggested that Brown was involved with a marijuana grow that he had reported on his property several years ago.

That nearly 5,000-plant grow was attributed to Mexican cartel growers. Brown reminded Rivero that he had invited him to come out and investigate it and that Rivero had said no, determining the matter concluded.

Rivero said his deputies have arrested members of Anderson's family, accusing the district attorney of blocking those prosecutions.

“I fled my country, I fled Cuba because of this type of activity,” said Rivero, who has said he came to the United States when he was a youth with his family.

Rivero also blamed Anderson for a plea agreement reached in 2011 with a former deputy sheriff accused of having sex with a teenager, a deal a judge later turned down.

The case of Derik Navarro, however, has been handled by the California Attorney General's Office since Anderson took office at the start of 2011 because Anderson had once represented Navarro in an administrative matter.

Rivero said that after he was elected he had to decide if he would be corrupted or deal with the kind of issues he was having with the board. “That decision was easy. Extraordinarily easy.”

Rivero added, “I will not resign. I'm elected by the people.”

He considered the no confidence vote a foregone conclusion.

“In my opinion a vote of no confidence by this board today amounts to a resounding vote of confidence by the people of the county,” Rivero said.

Rivero also accused the board of micromanaging him, specifically monetarily. Board Chair Jeff Smith explained that overseeing the budget was the board's responsibility. The two men disagreed over whether the county could afford to buy a Clearlake Oaks substation location while also providing a match for a much-needed jail expansion.

At one point Rivero told the board he appreciated the matter being placed on the agenda, stating that it “hopefully opened the door for a new Lake County.”

Farrington reminded Rivero that he had supported his candidacy, that he was with him on election night and that he had wanted Rivero to succeed.

He told Rivero that “I've never been this embarrassed” for the county where his family has lived for 160 years.

“Your corruption allegations don’t hold any water and they don’t stick,” Farrington told Rivero.

In response to Rivero's question early in the meeting to the board about what had changed and why it was deciding to take action against him, Brown said, “The Brady has changed everything. He added, “That's a serious, very serious allegation and you know darn good and well it's done, it's over with.”

Brown, referring to comments Rivero made earlier in the meeting about his investigators identifying a suspect in a series of bank robberies, said, “You have an incredible staff in spite of your efforts.”

After the 2010 election, Brown said he had reached out to Rivero to mend fences. He said Rivero agreed, then quickly went on the attack.

“We are tired of dealing with your issues, and I think the county is, too,” Brown said.

Community divided

In all, the board heard from nearly 30 people – both officials and community members. Just over half on behalf of Rivero, a few made statements that could be construed as neutral and the rest spoke against the sheriff or addressed incorrect statements he had made,

Chief Deputy District Attorney Richard Hinchcliff said he wanted to address Rivero's false statements about the District Attorney's Office, including pointing out that the Attorney General's Office handled the Navarro case and those involving Anderson's family.

Clearlake Oaks resident Jim Steele, whose wife Olga was the campaign manager for both Rivero and Anderson, told the board he was disappointed in them and believed it wasn't their place to take such a vote.

Rob Howe, now the county's chief probation officer, worked for the sheriff's office for 20 years and was a captain when Rivero took over as sheriff.

He said he gave Rivero every opportunity to succeed, but continuing to work for him would have required Howe to leave everything he'd ever learned about leadership, management and integrity. He said five of the six command level staff who had worked for the agency at the time have since left or retired.

“The price to stay there was too high,” Howe said.

Brian Martin, who had been a lieutenant with the sheriff's office and now also works for the Probation Department, said he left for the same reasons as Howe.

Martin said the public needed to understand that the Brady issue “is extremely important.”

Law enforcement is entrusted with powers including taking peoples' liberties and, sometimes, their lives, Martin said. “If you have a person you can't trust and believe 100 percent of the time, you have a big problem.”

Sandy Bayles, a longtime Rivero supporter from Hidden Valley Lake, said until the county had spent millions in lawsuits as she alleged it had under the previous sheriff, she was content to let Rivero decide what he wants to do.

Joey Luiz, who was elected to the Clearlake City Council at the same time as Rivero was elected sheriff, recalled campaigning alongside Rivero, who he supported.

“The man I've seen him become in this office is definitely not the man I supported in the campaign,” said Luiz.

Luiz encouraged the board to make a statement. “This has gone too far,” he said, turning to tell Rivero that he had disappointed a lot of people. He said he hoped Rivero would step down.

Anderson also spoke, something he said he didn't plan to do originally but changed his mind after hearing his family, employees and friends attacked.

He said if a crime comes to him he will deal with it in a fair and efficient manner, which is how he handled the Brady issue, which was, he said, “the last thing I ever wanted to do.”

While Rivero had earlier claimed he had been cleared in the original investigation, Anderson stated that investigators “reported back in 2008 that there was discrepancies in your testimony. This is not a new thing.”

When a deputy brought him new information about the 2008 shooting, Anderson said he could have hidden his head and did what Rivero claimed everyone else was doing. Instead, he launched the investigation.

“On a personal note, I did not want to do this,” said Anderson, adding it had caused him nothing but heartache and political embarrassment.

However, he said he was voted in to do a job. “By God, I will do that job the fairest, best way I can.”

Lakeport resident Debbe Blake said both Brown and Rivero needed to pay for an outside mediator to help them resolve their issues.

“Please, guys, settle your issues and get on with business,” Blake said.

Retired Clearlake Police Chief Bob Chalk said most of Rivero's allegations were smoke and mirrors that had been rebutted. He said it was a sad day for law enforcement and Lake County.

“He is an embarrassment to Lake County,” and it's in the county's best interests that Rivero step down, Chalk said.

Rivero's issues go far beyond the Brady matter, according to Chalk, who said Rivero has ruined relationships with law enforcement agencies in Lake County and beyond, and endangered lives by his callous, ego-driven decisions.

Glenhaven resident Wendy White accused Brown of character assassination and said the Brady matter should be handled in court. She suggested no confidence votes should be taken on the board and Anderson.

Jeri Spittler, Clearlake's mayor, accused Brown of lying during the meeting and, like White, said the matter should be handled in a courtroom. She said if people don't like what Rivero is doing, they'll do a recall.

Needing healing

Rushing said a majority of the board – including her – and the county residents had supported Rivero when he took office.

She said managing large numbers of people requires collaboration, and reaching out to those who don't agree with you.

The elephant in the room, said Rushing, was the “contentious, rancorous, poisonous” campaign from 2010, which created the circumstances before the board, “because the healing hasn't happened.”

While she said she liked Rivero, Rushing said the required skills to move forward were not confrontation and accusation, but working to find middle ground.

“I'm going to vote my heart on this one,” she said, asking herself aloud if she had confidence in Rivero. “If I'm really honest with myself, I really don't.”

Supervisor Jim Comstock said the situation with Rivero has deteriorated since he took office. He also considered the Brady matter “enormously serious.”

“I have to support this vote of no confidence. It is not taken lightly,” Comstock said.

Smith said he's always tried to give people a chance to do the jobs they're elected to do, and he took that same wait and see approach with Rivero.

“I have never seen the division in this county that we have today,” said Smith, adding, “To me, it's not the way we need to run business here.”

Smith said he supported the no confidence vote, with the negotiations over the Clearlake Oaks substation pushing him over the edge, as it was Rivero's way or no way. “We have to compromise in life every day.”

Brown said he felt strongly about the action. “It is the right thing to do for this board to act in order to send the public a message that we do care,” he said.

He said he felt very strongly about the county where five generations of his family have lived. “If you think that this is a personal vendetta, I’ve got news for you.”

Brown offered to step down himself immediately if Rivero resigned by 5 p.m. Tuesday, with a further condition that there be no more litigation paid for by county taxpayers. He then moved to approve the no confidence vote and request for Rivero's resignation, which the board approved 5-0.

Later that afternoon, the board sent a letter to Rivero – signed by each supervisor – requesting his resignation. But by Brown's 5 p.m. deadline, no resignation had come from Rivero.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.

031913 BOS Letter Seeking Rivero Resignation

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Written by: Elizabeth Larson

Published: 20 March 2013

Police make arrests during ABC enforcement operations

CLEARLAKE, Calif. – Several people were arrested late last week during a Clearlake Police operation targeting illegal alcohol use.

On Friday, March 15, Clearlake Police officers conducted Alcohol Beverage Control enforcement operations in the city of Clearlake, according to Lt. Tim Celli.

Celli said this enforcement was made possible through a $5,000 Alcohol Beverage Control Grant that the police department received in February. The funds will be used for overtime pay to conduct these operations.

Celli said the grant primarily is used to conduct shoulder tap-type operations in which a minor decoy will approach an adult suspect and request an adult to purchase an alcoholic beverage for them. Once the suspect provides alcohol to the minor decoy, the crime is complete.

Often during these operations, officers will discover other violations of law which have resulted in arrests for crimes other than furnishing alcoholic beverages to minors, according to Celli.

During the March 15 operations police arrested seven individuals for various reasons, Celli said.

Thomas Nordahl was booked into the Lake County Jail for agreeing to and arranging a narcotics deal with an undercover officer, Celli said. Although Nordahl did not actually furnish the undercover operative with narcotics, Nordahl made a deal and accepted money for narcotics, a violation of 11382 HS.

In addition, Celli said Nordahl, who is on state parole, was discovered to be in possession of a glass smoking pipe often used for smoking methamphetamine.

Other arrests include Chelsea Dawson, who was booked into the Lake County Jail for possession of a methamphetamine pipe; Mark Rodriguez, arrested for being under the influence of a controlled substance; Marcus Davis, arrested for a felony warrant; Laura Sarver, arrested and cited for furnishing an alcoholic beverage to a minor decoy; Dino Tarolli, arrested and cited for furnishing an alcoholic beverage to a minor decoy; and Earl Duty, cited and arrested for furnishing an alcoholic beverage to a minor decoy, Celli reported.

Several more of these operations are scheduled throughout the spring and into the beginning of summer with grant funding through June, Celli said.

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Written by: Lake County News reports

Published: 20 March 2013

Clearlake Police seek armed robbery suspects

Police are searching for two male suspects who allegedly robbed a Clearlake business at gunpoint on Tuesday.

Clearlake Police Officers responded to a reported armed robbery at the Allied Cash Advance store, located at 14888 Olympic Drive in the Burns Valley Mall, at approximately 1:45 p.m. Tuesday, the agency reported.

Witnesses reported two suspects entered the business and ordered the three employees and lone customer to the ground at gunpoint, police reported. The suspects had one of the employees open the registers before removing an undisclosed amount of cash.

The suspects then fled the business on foot and were last seen running through the breezeway towards the alleyway of the shopping center, according to the report.

The two suspects were in and out of the store within a minute or two, according to Clearlake Police.

Clearlake Police described the one suspect as a black male adult, about 6 feet 8 inches tall, with a thin, skinny build. He was last seen wearing black clothes with a hoodie-type sweatshirt pulled up over his face, possibly holding a semiautomatic-type handgun.

The second suspect is described as a black male adult, shorter than the first suspect, with a heavier build. Police said the second suspect also was wearing black clothing with a hoodie-type sweatshirt pulled up over his head.

Police have identified a possible suspect vehicle as a white two-door Toyota Solara with gold-colored letters on the rear of the vehicle.

The possible suspect vehicle was last seen heading up Olympic Drive at a high rate of speed toward Highway 53, the Clearlake Police Department reported.

These suspects should be considered armed and dangerous, and police said no attempt should be made to make contact them. Anyone who sees them should notify police immediately.

Anyone with information about this robbery or possible suspects should contact Officer Arron Winslow at 994-8251. Callers may remain anonymous.

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Written by: Lake County News reports

Published: 19 March 2013