LAKEPORT, Calif. – The Board of Supervisors this week will discuss amending the contract with outside legal counsel representing the sheriff in a matter involving allegations that he lied during a 2008 shooting investigation, and also will discuss a reward set up to help catch the suspect in a Kelseyville man's murder.
The meeting will begin at 9 a.m. Tuesday, Feb. 5, in the board chambers on the first floor of the Lake County Courthouse, 255 N. Forbes St., Lakeport. The meeting will be broadcast live on TV8.
In an untimed item, the board will consider amending the county's contract with Southern California law firm Jones & Mayer for special legal services for Sheriff Frank Rivero.
District Attorney Don Anderson has led an inquiry into allegations that Rivero lied about his actions during a February 2008 shooting on Cobb. While Rivero was working as a deputy, he shot at an unarmed man. The man was not injured.
Anderson's inquiry is necessitated by the requirements of Brady v. Maryland, a 1963 U.S. Supreme Court case that requires that prosecutors divulge all potentially exculpatory evidence to defendants in criminal cases. That includes information about the truthfulness of law enforcement officers involved in their cases.
If Anderson gives Rivero a “Brady letter,” putting him on a list of officers with credibility issues, it could be raised in any case in which Rivero is a material witness.
Concerns over a potential Brady determination for Rivero are being raised in a case involving several Hells Angels members set to go to trial for a 2011 assault. Rivero secured a surveillance video recording that is a key piece of evidence in the case.
County Counsel Anita Grant had declared a conflict last year, since both Rivero and Anderson are county officials, leading to Rivero's initial request early last year for outside counsel.
The supervisors denied Rivero's request and instead asked Grant to explore erecting an “ethical wall” in her department in order to represent Rivero.
A visiting judge later ordered the county to provide Rivero with the attorney to defend against the potential Brady determination, ruling that the conflict of interest couldn't be overcome by an ethical wall.
Last year the board hired Jones & Mayer, setting the total contract amount at $6,500. Grant's report to the board for the discussion reports that the costs for Rivero's representation have now exceeded that amount, necessitating the contract update. The amendment would raise the total amount to $10,000.
In another untimed item, the board will discuss a resolution establishing a reward trust fund related to the death of Forrest Seagrave and future rewards.
Seagrave, 33, died Jan. 18 after being shot during a robbery at Mt. Konocti Gas and Mart in Kelseyville. Supervisor Rob Brown spearheaded the effort to raise the $10,000 reward that is being offered for the arrest and conviction of the suspect.
The full agenda follows.
TIMED ITEMS
9 a.m. A-1 to A-4: Approval of consent agenda, which includes items that are expected to be routine and noncontroversial, and will be acted upon by the board at one time without discussion; presentation of animals available for adoption at Lake County Animal Care and Control; consideration of items not appearing on the posted agenda, and contract change orders for current construction projects.
9:05 a.m.: Citizen’s input. Any person may speak for three minutes about any subject of concern, provided that it is within the jurisdiction of the Board of Supervisors and is not already on the agenda. Prior to this time, speakers must fill out a slip giving name, address and subject (available in the clerk of the board’s office, first floor, courthouse).
9:10 a.m., A-5: Presentation of proclamation designating the month of February 2013 as Black History Month and celebrating Martin Luther King’s Birthday.
9:15 a.m., A-6: Assessment Appeal Hearing: Barry Shaffer - Application No. 316-2010 - 65 Konocti Avenue, Lakeport, CA (APN 025-573-040-000).
9:45 a.m., A-7: Public hearing, consideration of proposed ordinance establishing a fee schedule for driving-under-the-influence programs.
10 a.m., A-8: (a) Consideration of request to waive the policy regarding automated voicemail systems; and (b) consideration of request to approve the development of an automated voicemail system for the Animal Care and Control Department.
10:15 a.m., A-9: (a) Presentation of Clear Lake Advisory Committee Annual Report; (b) Clear Lake Advisory Consideration of proposed 2013 Work Plan; (c) presentation of committee update regarding reformation of Resource Management Committee (RMC) and (d) consideration of appointments to the Clear Lake Advisory Committee.
10:45 a.m., A-10: Presentation of 2012 Marine Patrol Activity Report and 2013 Work Plan.
11 a.m., A-11: Consideration of proposed agreement between the county of Lake and Aramark Correctional Services LLC., for food services at the Lake County Jail and Juvenile Hall facilities.
11:30 a.m., A-12: Consideration of recommendation regarding departmental structure of the Office of Emergency Services.
1:30 p.m., A-13: (a) Presentation of update regarding the Spring Valley Lake Recovery Valley CSA #2 Advisory Project and (b) consideration of request to approve the Spring Valley Lake Recovery Project and adopt a mitigated negative declaration (as recommended by the Lake County Planning Commission).
NONTIMED ITEMS
A-14: Supervisors’ weekly calendar, travel and reports.
A-15: Consideration of appointments to the Animal Care and Control Advisory Board.
A-16: Consideration of recommendations from the Classification and Compensation Committee regarding: (a) adjustment of salaries of licensed professional staff in the Health Services Department; and (b) reclassification of Public Works Service technician to senior accounting technician.
A-17: Consideration of proposed resolution establishing reward trust fund relative to death of Forrest Seagrave and future rewards.
A-18: Consideration of proposed first amendment to agreement between the county of Lake and Jones & Mayer for special legal services for Sheriff Rivero.
A-19: Consideration of request to approve out-of-state travel for Business Software Analyst Kelly Larsen to attend the Anasazi Software National Alliance Forum in Tempe, Arizona, from Feb. 24 through March 1, 2013.
A-20: (a) Consideration of request to waive the Consultant Selection Policy.
CLOSED SESSION
A-22: 1.Conference with Labor Negotiator: (a) County Negotiators: A. Grant, L. Guintivano, M. Perry, J. Hammond and A. Flora; and (b) Employee Organization: Deputy District Attorneys Association, Lake County Deputy Sheriff's Association, Lake County Correctional Officers Association and the LCSEA.
A-22: 2. Employee Disciplinary Appeal EDA 2013-01.
A-22: 3. Conference with legal counsel: Existing litigation pursuant to Gov. Code Sec. 54956.9(a): Jensen and Larson v. Lake County Sheriff’s Office, et al.
CONSENT AGENDA
C-1: Approve minutes of the Board of Supervisors meetings held on Jan. 22, 2013.
C-2: Adopt Proclamation designating the month of February 2013 as Black History Month and celebrating Martin Luther King’s Birthday.
C-3: Approve letter of support of Caltrans District 1's “Climate Change Adaptation Pilot Strategy for Northwest California” pilot project application, and authorize the chair to sign.
C-4: Approve issuance of notification to the Konocti School District that the county of Lake will not authorize the issuance of tax and revenue anticipation notes on the district’s behalf.
C-5: Approve agreement between the county of Lake and Pacific Education Services for low level misdemeanor diversion program services (at no cost to the county), and authorize the chair to sign.
C-6: Adopt resolution to appropriate unanticipated revenue for the county of Lake Health Services Department ($18,000 from sale of 2006 Dodge Sprinter Cargo Van to purchase Microsoft Office license upgrades).
C-7: Adopt resolution approving a request from Lake County Health Services Department to submit a grant application for the California Tobacco Program for Fiscal Year 2013-2014 and authorizing the Director of Health Services to sign said application and grant.
C-8: Approve first amendment to facility space license agreement between the county of Lake and Lake County Community Radio Inc. (updating the location of the equipment and terms of the lease), and authorize the chair to sign.
Email Elizabeth Larson at
How to resolve AdBlock issue? 
