LAKEPORT, Calif. – The Board of Supervisors has reversed a decision it initially made in January and agreed to hire an outside attorney to represent Sheriff Brian Martin in a lawsuit filed against him and the county by the Lake County Correctional Officers’ Association.

At its March 7 meeting, the board voted unanimously to approve an agreement with Ewing and Associates to represent Martin, in an amount not to exceed $30,000.

The association filed suit against Martin and the county in December citing breach of contract, as Lake County New has reported.

In January, the board had denied Martin’s request for outside counsel. Martin asserted that the County Counsel’s Office had a conflict of interest and couldn’t offer him the representation he needed in the case.

At that time, the board asked for an attempt to be made to construct an “ethical wall” in the County Counsel’s Office so Martin could also be represented by that office.

However, Martin told Lake County News that the board later decided to grant his request for outside counsel, which Supervisor Rob Brown separately confirmed.

“There’s issues that are important to the office of the sheriff that are completely separate than the county,” Martin said.

In a statement released to Lake County News, the Lake County Correctional Officers’ Association said that in 2011 it settled a lawsuit and two unfair labor practice charges filed at the Public Employment Relations Board against the county and then-Sheriff Frank Rivero.

The association said in the settlement both sides agreed that correctional officers would continue to be armed while on duty outside of the Lake County Jail. It also required the sheriff to issue concealed weapons permits at no cost to all correctional officers so that they may also be armed off duty if they chose.

The agreement said the county counsel and sheriff signed off on the agreement, which the board ratified, and the association therefore asserted that it’s legally binding.

The lawsuit cited specific breaches of the contract, including one in December 2015 when it said Martin told the association’s representative that his office would not waive California Department of Justice fees or other fees required by outside agencies for correctional officers applying for a concealed weapons permit.

In March 2016, the county of Lake sent an email to all Lake County correctional officers entitled “Directive Effective Immediately” in which it stated that unless they have or are going to have direct contact with inmates for transport or supervision, they cannot carry their duty weapons while at work.

The association said its leaders and its legal team at Mastagni Holstedt, APC demanded last year that Martin follow the agreement after issues arose between the two sides, later filing the suit, which they said is about the inviolability of contracts and the rule of law.

“I think people should honor their agreement,” attorney David Mastagni told Lake County News in a Monday interview.

For his part, Martin said he wasn’t a party to the original settlement, and he believes that several of the settlement’s terms contradict state law.

He said the law says that sheriffs or police chiefs decide who gets concealed weapons, and the agreement with the association affects his discretionary decision making ability. “It seems to me that this is pretty clear.”

Martin added, “All I’ve been doing is following what the law says, not the settlement agreement, because I felt that the settlement agreement is a contradiction from what the law says.”

He’s also concerned about precedent for himself and future sheriffs to exercise their decision making ability as a result of following the agreement.

Mastagni, however, dismissed Martin’s concern about precedent. “An agreement does anything but set a precedent,” he said, adding that precedent comes out of court decisions.

Overall, the suit “hasn’t impacted us at all,” Martin said of his agency’s operations.

With no court date yet set for the case, Martin said he’s already met with attorney Mike Ewing, who will follow up by filing Martin’s formal response to the suit. He said the county already has filed its separate response.

Mastagni said his firm will look forward to getting the sheriff’s response. “We’ve got to know why he thinks he can break a deal.”

As for how the case might proceed, Mastagni said, “I think it’ll go to court but I’m not worried about it.”

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.