LAKE COUNTY, Calif. – A dispute between Lake County’s top law enforcement officials has led to a legal conflict of interest for the County Counsel’s Office, and the Board of Supervisors must decide whether or not to hire outside legal counsel to assist in addressing the matter.

The issue involving Sheriff Frank Rivero and District Attorney Don Anderson will go to the board in an untimed item at its meeting on Tuesday, Feb. 14.

A Feb. 7 memo from County Counsel Anita Grant to the board explains that pursuant to California Government Code 31000.6, at the request of the sheriff the Board of Supervisors “shall contract with and employ” legal counsel to assist the sheriff in the performance of his duties in any case where the county counsel would have a conflict of interest.

While in her position of county counsel Grant represents county government as a whole – including department heads and elected officials – her report references a California Attorney General’s opinion that notes there may be occasions when county officers “have adverse interests in the same matter.”

“There is presently a dispute between the Sheriff and District Attorney which creates a situation where their interests are adverse and a conflict of interest exists for my office to represent either of them in this matter,” Grant stated in her report.

“The matter at issue could affect the ability of the Sheriff to perform the functions of his office,” Grant said.

She continued, “Due to the status of the matter and the fact that personnel information is involved, as to which peace officers are entitled to confidentiality under the law, it is difficult to provide a more expansive explanation.”

Because of her concerns, Grant is recommending the Board of Supervisors hire – and pay for – outside counsel to represent Rivero in the dispute.

Rivero has refused to answer Lake County News’ questions on the matter on three separate occasions in recent weeks.

On Thursday, Anderson told Lake County News that he’s been told that Rivero was asking the board to hire an attorney.

“I do know what the issue is and it’s somewhat confidential,” Anderson said.

He added that he has not spoken to Rivero about the matter.

Anderson and Rivero, who had the same campaign manager – Olga Martin Steele – and ran closely allied campaigns in 2010, have been locked in disputes since early in 2011, not long after taking office.

One of their main issues of contention concerned the sheriff’s response on May 14, 2011, to reports that a large number of Hells Angels were en route to the county because of the appearance of the rival Vagos gang in Lakeport.

No Hells Angels appeared, but efforts to block entry to the county and concerns about potential violations of civil rights put Rivero at the center of a District Attorney’s Office investigation.

The matter to be considered on Tuesday appears to be related to a closed session item regarding “significant exposure to litigation” that Grant took to the board as an extra item on Jan. 10.

That discussion involved a potential litigation threat against the county by Rivero, according to Grant.

“The facts and circumstances which justify this closed session consist of the claim of Sheriff Frank Rivero that actions contemplated by District Attorney Don Anderson against him will, if pursued, result in litigation against the District Attorney, and thereby the County,” Grant wrote to the board in the last-minute report for its Jan. 10 meeting.

However, Grant said this week she could not discuss the relation of the Jan. 10 or Feb. 14 agenda items.

Jan. 10 meeting minutes showed Supervisor Anthony Farrington moved to discuss the matter in closed session; the board voted 5-0 to adopt the motion.

Board Chair Rob Brown told Lake County News that there was no action taken out of closed session at the Jan. 10 meeting.

Brown suggested Lake County News ask Rivero about the matter “as he is the only one that can speak to his intention regarding this. It was put on at his request and the Board is bound by the Brown Act to not divulge anything that was discussed during closed session.”

Rivero refused to answer questions Lake County News about the issue, responding by email Jan. 19, “I have never seen this memorandum prior to receiving it from you. Since I am not the author, I suggest you contact Anita Grant.”

In a followup message sent to Lake County News on Jan. 21 County Counsel Anita Grant stated, “Sheriff Rivero has subsequently informed me that he has neither the intention nor the desire to initiate litigation against the County of Lake or any of its employees.”

In response to questions from Lake County News, County Administrative Office Kelly Cox said the issue about potential litigation was raised early last month when Rivero called him at home one evening to tell him he was considering taking legal action against Anderson, which would involve the county.

Cox said he could not go into the specifics at the heart of Rivero’s potential legal action.

“I conveyed what he told me to Anita,” Cox said, which led to the Jan. 10 discussion.

Since that first discussion, Cox said Rivero has not indicated to him that he has changed his mind about taking legal action against the county or Anderson.

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