The association filed the lawsuit in against Sheriff Frank Rivero and the county of Lake, alleging that Rivero had stripped them of peace officer status that had been granted to them in legislation in 2008.
The situation led to the filing of the suit, which at one point had been scheduled to go to trial before retired Alameda County Superior Court Judge William McKinstry on Tuesday.
However, County Counsel Anita Grant said that the union and the sheriff's office had a telephone conference with McKinstry prior to the trial date.
With settlement talks already under way at that time, they agreed that – rather than moving forward with the trial on Tuesday – they would appear for a case management conference that afternoon and report on the outcome of their discussions, which ultimately yielded the agreement, Grant said.
The proposed agreement next goes to the Board of Supervisors for final approval, the sheriff's office reported.
One of the chief concerns had centered on firearms. Correctional officers had been allowed to carry firearms while traveling to and from work and in other public situations until earlier this year.
That's when Rivero – citing liability concerns – changed the correctional officers' status to custodial, preventing them from carrying firearms unless they were transporting prisoners, as Lake County News has reported.
The settlement agreement allows correctional officers to continue to be armed while on duty outside of the Lake County Hill Road Correctional Facility, according to a joint statement from the sheriff's office and the correctional officers' association.
“This settlement protects the public and the correctional officers who serve them as well,” the statement from Rivero and association President Mike Silva said.
At the same time, the agreement does not confer peace officer status on Lake County’s correctional officers, according to the statement.
“What this agreement clarifies is that correctional officers are not entitled to duty weapons 24/7,” Grant explained.
Correctional officers are not entitled to carry weapons at all times in the same way as deputies, whose peace officer status gives them that ability, said Grant.
If correctional officers want to be armed while off duty, Rivero agreed – and had previously offered – to issue them concealed weapons permits at no cost, according to the settlement's terms.
In their joint statement, Rivero and Silva said the settlement discussions relating to the lawsuit helped resolve other outstanding issues and opened a line of communication between the association and the sheriff’s office to address future problems.
Grant said the hope is that the union and sheriff's office will be able to communicate going forward.
The settlement agreement does not involve any additional costs to the county, with the parties to the lawsuit covering their own costs and attorney fees.
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