CLEARLAKE, Calif. – Following a discussion at its Thursday evening meeting the Clearlake City Council decided against taking any action against the county’s sheriff because of the District Attorney’s Office finding that he lied about a 2008 nonfatal shooting or his refusal to work collaboratively with the city’s police department.
Councilman Joey Luiz had taken the discussion to the council about Sheriff Frank Rivero, asking his colleagues to consider taking similar action to that taken by the Board of Supervisors last week, which sent Rivero a letter asking for his resignation after giving the sheriff a unanimous no confidence vote.
Luiz, originally a supporter who had campaigned with Rivero, said the sheriff’s unwillingness to collaborate with the Clearlake Police Department and other agencies was making city residents less safe.
He said it was Rivero’s decision not to inform Clearlake Police of an undercover operation taking place in its jurisdiction on May 19, 2011. Police showed up to a Clearlake residence where they had received a report that a hostage situation was taking place. “Police officers had guns fixed on deputies,” Luiz said.
If Clearlake Police officers had not remained calm and collected, “We wouldn’t even be having this discussion right now,” said Luiz.
A critical issue for Luiz was District Attorney Don Anderson’s February finding that Rivero had lied about the 2008 shooting in which he shot at a man holding a can of pepper spray while working as a deputy sheriff.
As a result, Anderson placed Rivero on a “Brady” list of officers with credibility issues. “Brady” refers to the 1963 US Supreme Court case Brady v. Maryland, which requires prosecutors to disclose to criminal defendants any evidence that could clear them, including information about the credibility of officers involved in their cases.
Luiz wanted the council to consider sending Rivero a letter similar to that sent by the supervisors, adding in specifics about how Rivero’s performance was causing Clearlake’s citizens to be less safe. Luiz had been at the March 19 board meeting to speak in favor of the board’s action against the sheriff.
Almost a quarter of the county’s residents live in the Clearlake city limits, “and he is doing a disservice to them,” Luiz said.
During public comment, Aqeela El-Amin Bakheit asked why Luiz was bringing up the matter now if he had had ongoing concerns.
“I’m upset about what he did, too, because I voted for him,” said Bakheit.
However, she said that since the Board of Supervisors has taken action a recall petition is now in the works, which she felt was the proper step. She asked if Luiz would have brought the matter forward if it had not been for the Brady finding or the no confidence vote.
Luiz said yes, he would have, and said he hoped the Lakeport City Council also would consider taking action, as all county jurisdictions needed to send Rivero a message that his behavior is not acceptable.
Luiz said he also was a supporter of Rivero’s in the beginning. “I was hoping he would do better,” he said, adding that it had become obvious that it wasn’t happening.
Bakheit asked if he felt there was any benefit to writing a letter. Luiz said he didn’t know if it would do any good, as he didn’t think Rivero would resign. However, he added that he felt it was his duty to bring the matter forward.
Linda Peralta Conway of Clearlake, who had attended the Board of Supervisors’ March 19 meeting, said she was embarrassed by what happened there and hoped she wouldn’t be embarrassed by the council.
“I expressed my opinion at the ballot box and I would hope you would do the same as well,” she said.
She acknowledged the issue was polarizing for the community, with the two sides at war. “It is one hell of a mess,” she said, with the county having a stigma attached to it. “I hope you take the high road.”
Pete Gascoigne also said the issue was polarizing the community. He applauded Luiz for bringing the matter forward, noting that the breakdown in communication between Clearlake Police and sheriff’s office “directly impacts each and every one of us.”
However, Gascoigne added that the matter is “going to get cleared up at the ballot box.”
Conrad Colbrandt said he didn’t see Rivero turning things around. He said he had read Anderson’s findings and understood why he made the determination on Rivero’s credibility.
Colbrandt also referenced controversies over a proposed Clearlake Oaks substation and the terminations of several sheriff’s office employees who later were reinstated by the supervisors.
Bruno Sabatier asked what the plan was going forward to deal with Rivero in matters like the 2011 undercover incident.
Luiz said there is a regular meeting of county law enforcement chiefs, but it takes place at the same time that Rivero has an appearance on a local radio show, so he hasn’t consistently attended the chiefs meetings. He said Rivero’s lack of cooperation is affecting other public safety operations as well.
When the discussion moved back to the council, the majority of members didn’t want to take action.
Councilmember Joyce Overton said the matter should be up to the people, and she didn’t want to tell people how to vote. “I think our community is smart enough to do the right thing.”
Luiz said he had confidence the community would do the right thing at the ballot box this time, but when someone disrupts the services the city is responsible for offering, “we need to make a statement, and that’s how I feel about it.”
Councilmember Gina Fortino Dickson said she wished it weren’t a problem. She said she had the utmost confidence in the Clearlake Police Department, and was proud of how they handled themselves in situations.
“I think we’re all faced with decisions everyday and we have to make those decisions with the best information we have at the time,” she said.
She said she didn’t know if Anderson or the Board of Supervisors had made right or wrong decisions about Rivero, but she felt it was unnecessary for the city to step in. “It is being addressed.”
Councilmember Denise Loustalot agreed with Overton and Fortino Dickson that the matter is being handled.
“I think we should watch how it plays out,” Loustalot said.
Mayor Jeri Spittler, who waited to go last, said it’s like a civil war is going on with regard to Rivero, who she has supported and who she spoke in defense of at the March 19 board meeting.
Spittler said she had been told that Rivero wasn’t welcome at Clearlake City Hall. She said she has had no negative dealings – or many dealings at all – with Rivero.
She alleged that law enforcement agencies are territorial, which has led to the issues with Rivero. Noting that she has relatives in law enforcement, Spittler added, “I understand the nature of the beast.”
Spittler said she wanted to tell the truth. “That’s why I would never support a decision like this, ever,” she said.
She added, “Why can’t we all just get along and do the right thing for our county.”
Luiz replied to Spittler, saying there was not an issue of agencies being territorial, explaining that he’s seen no evidence of that in his work with police.
He thanked the council for at least having the discussion. He said he had tried to facilitate cooperation between Clearlake Police and Rivero. “He had no interest.”
Luiz said to Spittler that she was clearly still a Rivero supporter. She told Luiz not to criticize her, and he said he wasn’t.
Whether she supported Rivero or not, “I spoke the truth as I see it,” said Spittler, adding that he could dissect it all he wanted.
“I do believe you didn’t get the consensus you were looking for so we’re going to move on,” Spittler said.
Fortino Dickson thanked community members for keeping the discussion professional and not turning it into a circus.
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