LAKE COUNTY, Calif. – The association representing the county's deputies said Monday that it is considering an appeal of a ruling handed down last week that found a sheriff's sergeant's peace officer rights weren't violated by the sheriff.
In its Monday statement the Lake County Deputy Sheriff's Association went further, saying that the ruling doesn't allow Sheriff Frank Rivero to violate the rights of his employees, and doesn't bring back the many sheriff's staffers who have left since Rivero took office in January.
Judge William McKinstry ruled on Sept. 13 that Rivero did not violate Sgt. Corey Paulich's rights under the Public Safety Officers Procedural Bill of Rights during a series of interrogations in March, as Lake County News has reported.
“This ruling supports the right of management to make necessary inquiries into the actions of law enforcement officers following dangerous activities such as occurred in this case,” Rivero said in a statement released late last week.
According to Rivero's statement, he had been making inquiries of Paulich regarding a high speed chase in March that resulted in serious damage to a sheriff's vehicle and which he said put officers and the public at risk.
The chase of Matthew Bronsert initiated by Clearlake Police began after officers attempted to stop Bronsert for an expired vehicle registration fled. The sheriff's office said the chase reached speeds in excess of 115 miles per hour.
Clearlake Police requested assistance from the sheriff's office, and sheriff’s deputies under Paulich's supervision joined the chase and forcibly stopped the fleeing vehicle by ramming it, according to Rivero's statement.
Rivero said he has “great respect” for the Public Safety Officers Procedural Bill of Rights. “This ruling should assure the public that my actions were, and will always be, in conformance with the rights afforded our law enforcement personnel.”
However, on Monday the Lake County Deputy Sheriff's Association indicated that the matter wasn't yet settled.
“The decision does not license the sheriff to violate the rights of his public safety employees at will; rather, the court decided in this one particular case the sheriff did not violate those rights when he repeatedly questioned one of his employees,” according to the statement, released by attorney Christopher Miller of the firm Mastagni, Holstedt, Amick, Miller & Johnson.
The group further reported that its attorney is reviewing the decision to determine whether an appeal is appropriate.
At the same time, the association said that McKinstry's decision in Paulich's case “should not be seen as an endorsement of the sheriff’s management practices.”
The Monday statement continued, “The decision will not bring back the many talented, highly-trained managers, detectives and deputies who have left the Lake County Sheriff’s Office since Sheriff Rivero was elected. The decision does not address patrol staffing levels and overtime, citizen concerns about patrol coverage and crime, low morale in the department, or the serious officer safety concerns the DSA has raised regarding several recent incidents.”
It concluded, “Whatever the final outcome of this and other disputes between the Lake County Deputy Sheriffs’ Association and Sheriff Rivero, the association will continue to advocate whenever necessary for the rights of its members and the safety of Lake County’s citizens.”
According to the sheriff's office, there have been four resignations by staff members – out of a total of 185 employees – since Rivero took office in January. However, the Lake County Human Resources Department reported that there have been 11 resignations in that time.
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091311 Paulich v. County of Lake Decision