The suit, filed March 29, alleges that Sheriff Frank Rivero unilaterally stripped members of the Lake County Correctional Officers' Association of peace officer status granted them in 2008, changing them back to “custodial” officers and removing their ability to carry firearms unless transporting prisoners, as Lake County News has reported.
Rivero said he was clarifying and correcting their status due to concerns of liability arising from correctional officers carrying firearms.
The two sides appeared in the Lake County Superior Court's Department A in Lakeport at 1:30 p.m.
Rivero was accompanied by County Counsel Anita Grant and Deputy County Counsel Lloyd Guintivano. The correctional officers – several of whom were in the audience to witness the hearing – were represented by attorneys Chris Miller and Jeff Edwards of the firm Mastagni, Holstedt, Amick, Miller & Johnsen.
The correctional officers had filed a writ to compel Rivero to recognize Lake County correctional officers as having peace officer status under Penal Code Section 830.1(c) and restore their status.
In its filings, the county objected, stating the correctional officers are not peace officers under Penal Code Section 830.1(c) and noting that the county agreed to meet and confer with the correctional officers association.
The county went further, arguing that the effort to have peace officer status granted to the group compromises public safety “in the absence of proper peace officer training afforded to deputy sheriffs,” and that the county was not required to meet and confer “to enforce the proper conduct of Lake County correctional officers as required by law.”
Rivero's declaration to the court stated that correctional officers have not completed the requisite law enforcement academy, field training, probationary period or firearm training. The correctional officers association has disputed in their case that they don't have the proper firearm training, explaining that they take the same coursework in that regard as deputies.
Retired Alameda Superior Court Judge William McKinstry is hearing the case. He stated in court that all of the local judges have recused themselves from the case.
Although he had another case to hear first, McKinstry called the two sides up. “I'm calling you out of order so as not to surprise you when I call you in order,” he said.
He said he wanted to give them a tentative indication of how he intended to proceed so they could respond when he called their case.
Regarding Rivero's and the county's filing in response to the suit, McKinstry noted, “That response is limited,” and as such he was unable to resolve the entire petition, as he needed to see a response that addressed all the allegations.
McKinstry was seeking a full response and other filings to be submitted on or before April 15, and would then continue the matter to April 22 for trial setting and case management.
“They may not be he deadlines you want to comply with,” McKinstry said.
Because the regular sitting judges have excused themselves, McKinstry said he's been assigned, and he has to make appearances at various courts in the region as needed.
He said he will be in Lake County on April 22 and hearing it then “would be convenient to the state budget,” as he's paid for his travel.
McKinstry left the scheduling up to the two sides. “You may think about it, you may need to confer about it.”
He said he couldn't yet estimate how long the case would take at trial, how many witnesses and how much discovery would be involved.
McKinstry also told Rivero and the county that he required from them copies of original documents mentioned in the correctional officers' original filing. “I need full disclosure of what the facts are.”
After spending a half-hour hearing a small claims suit involving a dispute over a rental deposit, McKinstry recalled the county and correctional officers' representatives.
He went forward with ordering them to submit pleadings and responses by April 15, with the April 22 hearing set for a “case management conference of sorts.”
After that point, they will select potential trial dates, McKinstry said.
“If trial is going to last more than an afternoon session, which it may very well be, then we're going to have to coordinate ourselves with the other judges of this court,” in order to accommodate the trial, McKinstry said.
E-mail Elizabeth Larson at
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