LAKEPORT, Calif. – The Board of Supervisors on Tuesday decided to hold over a decision on whether or not to amend an agreement with a Southern California law firm hired last year as special counsel for the county's sheriff.

The board rescheduled to Feb. 19 the decision on whether to increase the dollar amount on the contract with the Jones and Mayer law firm of Fullerton.

Jones and Mayer is representing Sheriff Frank Rivero, who District Attorney Don Anderson has been investigating over allegations that Rivero, while working as a deputy in February 2008, had lied to sheriff's staff about shooting at a man holding a can of pepper spray.

Anderson is required to disclose potentially exculpatory evidence to defendants in criminal cases under the 1963 U.S. Supreme Court decision Brady v. Maryland.

If it's determined that Rivero has credibility issues, he would be placed on a “Brady” list of officers with similar concerns for prosecutors, and that information would need to be disclosed to the defense in any case in which Rivero was a material witness.

Last spring a visiting judge ordered the Board of Supervisors to provide Rivero with outside legal counsel after determining that County Counsel Anita Grant had a conflict of interest that could not be overcome through establishing an “ethical wall,” or staff separation in her department.

The agreement with Jones and Mayer that the board approved late last year was not to exceed $6,500.

The firm has since gone over that amount by approximately $173.64, Grant told the board Tuesday.

While Jones and Mayer was supposed to monitor expenditures and notify the county before surpassing the limit, “For whatever reason they did not,” Grant said.

As for Anderson's Brady inquiry, “It's my understanding that this matter has yet to be resolved,” Grant said.

She said it seemed reasonable to extend the total contract amount up to $10,000.

Rivero was not present for the Tuesday discussion.

Supervisor Rob Brown said it was his understanding that the matter with Anderson was done, and that they were just waiting for Anderson to submit the outcome.

“That's our understanding,” said Capt. Chris Macedo of the Lake County Sheriff's Office, who said Tuesday was four months to the day from when Rivero was set to have been interviewed by Anderson on the Brady matter.

Brown said there was no need for the public to pay for the sheriff's “public defender,” saying that Jones and Mayer made a mistake by going over the maximum amount before notifying the county. “They should never have gone over.”

While it's up to Anderson to make the decision in the Brady matter, Grant said the end of legal services is another issue.

Brown was concerned that increasing the contract amount would just lead to more money being spent. “We're just giving them a blank check,” he said, adding, “I think we should just end it right now.”

If Rivero were to pursue an appeal of Anderson's finding, “that's a separate item altogether,” Brown said.

Supervisor Denise Rushing said her understanding was that there was an extraordinary process that had been under way in the matter. “It seems like that process, whatever it was, is now over.”

Rushing wanted to know why the county would still be on the hook for additional legal costs for Rivero.

Grant said the board could determine that they would not authorize any other services. She asked them to approve the $173.74, which she would take out of her own budget.

Brown didn't feel that having her pay for it was necessary, but said it was presumptive of the law firm to think the board was going to approve overages.

Macedo said he was not sure that Anderson had concluded the investigation, suggesting the district attorney should give the board an update to the board.

Grant asked if the board would allow her to put the matter over for a few weeks in order to see if the determination had been made.

Supervisor Jim Comstock, who said he had been opposed to spending a dime on the legal representation, said he also wanted to put the matter over.

The entire board agreed and set the discussion to continue in two weeks.

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