LAKE COUNTY, Calif. – A Mendocino County judge on Monday ordered the Lake County sheriff to immediately restore Lakeport Police's access to a records information system or face contempt of court charges.
Judge Cindee Mayfield granted the city of Lakeport a temporary restraining order against Sheriff Frank Rivero, who cut Lakeport Police's access to the records information management system, or RIMS, without warning on April 23, as Lake County News has reported.
The newly restored access is temporary; the two sides are due to return to court for a preliminary injunction hearing at 9:30 a.m. Friday, Aug. 9, at which time the judge will decide whether to extend the access.
If Rivero fails to restore access during that time, he could face contempt of court charges, according to the judge's ruling.
In May the city filed suit against the county and Rivero, alleging breach of the dispatch contract the Lakeport Police Department has with the county sheriff's office.
At the city's request, the case was moved out of county, with Mendocino County Superior Court taking it up.
The suit's first hearing was held Monday afternoon in Ukiah, with Deputy County Counsel Shanda Harry appearing on behalf of the county and Deputy County Counsel Lloyd Guintivano representing Rivero and the sheriff's office. Rivero also was present.
David Ruderman, a senior associate with the Colantuono & Levin, which the city hired to handle the lawsuit, was present on behalf of the city.
“What the judge did was grant temporary relief,” Ruderman told Lake County News after the 25-minute hearing.
The judge's order, he said, gives police the same access they had before the April 23 action by Rivero.
That access has been granted through Aug. 9, at which time the judge will hold a hearing for a preliminary injunction, he said.
“The judge will probably make a ruling from the bench on Aug. 9,” he said, adding that the judge also could take the matter under submission.
At that point, Ruderman said, the question will be if Lakeport Police will retain access to the records through the trial for the permanent injunction, which is the city's goal. That trial could be months out.
Police Chief Brad Rasmussen, who also was in court for the hearing, was glad of the outcome.
“I'm just pleased that the court believed that it's a serious issue,” he said.
Rasmussen said he's glad to have access restored temporarily in the interest of community and officer safety.
Rivero initially had told Rasmussen after cutting access that it was an auditing issue, but later after Rasmussen went public with officer and community safety concerns, Rivero came out with accusations that Lakeport Police officers had inappropriately accessed the shared records.
On April 29, Rasmussen asked District Attorney Don Anderson to investigate Rivero's allegations of misconduct and illegal use of the system.
Last week, Anderson released the results of his investigation, finding that Lakeport Police personnel had not violated any laws in using the system and that their use was consistent with what Rivero and the previous sheriff had allowed.
Separately, Rasmussen said he had concluded an internal affairs investigation that found no wrongdoing by the agency's officers.
Email Elizabeth Larson at [email protected] . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.