LAKE COUNTY, Calif. – Members of the Board of Supervisors and Sheriff Brian Martin on Tuesday discussed their concerns over new state legislation that would repeal the eligibility requirements for candidates running for the office of sheriff.
During their Tuesday meeting, the supervisors agreed to pull the letter of opposition to Senate Bill 271 from the consent agenda in order to discuss it further, ultimately voting unanimously to send the letter to the bill’s author, State Sen. Scott Wiener.
In February, Wiener (D-San Francisco) introduced SB 271, the Sheriff Democracy and Diversity Act, which he said is meant to allow all registered voters to run for sheriff, reverting back to the eligibility requirements in place from 1850 until 1989.
Under current law, candidates must have Peace Officer Standards and Training, or POST, certificates to qualify, which Wiener asserts limits those eligible to a “tiny pool” and results in sheriffs being “effectively insulated from political accountability and are only accountable to the law enforcement officers who are authorized to challenge their reelection.”
In his announcement on the legislation’s introduction, Wiener said that sheriffs have aggressively cooperated with the U.S. Immigration and Customs Enforcement to facilitate deportations, have ignored and refused to endorse COVID public health orders, and have failed to be responsive to community demands for police and jail reform. He said 49 of 58 of the state’s sheriffs are white men.
Board of Supervisors Chair Bruno Sabatier said he worked with Sheriff Martin on the proposed letter, the text of which is published below.
The letter focuses on the key issues of training and experience, which also were focal points of Tuesday morning’s discussion.
“My heart in this is really to make sure we have good public policy in California,” said Martin.
He explained that, with the exception of the supervisors, all county elected offices – such as judge, district attorney and assessor-record – have minimum requirements for candidates.
In 1988, a law passed to require sheriff’s candidates to have some professional experience and qualifications in order to hold the office, Martin explained. “These current qualifications are not an unattainable bar.”
California Government Code Section 24004.3, which the bill aims to repeal, requires that those running for sheriff meet one of the following criteria:
– Has an active or inactive advanced certificate issued by the Commission on Peace Officer Standards and Training.
– One year of full-time, salaried law enforcement experience, at least a portion of which must be within five years of the date of filing to run for office, and a master’s degree from an accredited college or university.
– Two years of full-time, salaried law enforcement experience within five years prior to the date of filing, and a bachelor’s degree from an accredited college or university.
– Three years of full-time, salaried law enforcement experience within five years prior to the date of filing, and an associate in arts or associate in science degree, or the equivalent, from an accredited college.
– Four years of full-time, salaried law enforcement experience within five years prior to the date of filing, and a high school diploma or the equivalent.
Candidates don’t have to be in the sheriff’s office to run, with Martin pointing out that many former California Highway Patrol and police officers, district attorney investigators and state peace officers are eligible to run for a sheriff’s post.
SB 271 would essentially strip all the requirements, said Martin.
He said arguments for the bill have looked at larger, urban counties like Los Angeles, San Francisco and Sacramento, where the functions of sheriff are much different than in rural counties. Those supporting the bill based on the urban model argue that the sheriffs in those areas don’t go out and conduct patrol.
But in Lake County, Martin does do patrol, just like other rural sheriffs do, he said.
He said the bill would institute a blanket policy by someone in an urban area who doesn’t understand rural areas.
Martin suggested it could have “a great effect,” especially with issues of civil rights, searches, evidence collection and protecting the innocent.
“You don’t learn these things by simply getting more votes” but by years of experience, Martin said.
He also was concerned that the bill could have a large impact on rural sheriffs specifically. “I think we’re going to have some poor outcomes,” he said, adding he’s let Lake County’s state representatives know where he stands on the bill and thanking Sabatier for bringing it forward.
Sabatier said the law change would mean that literally anybody, no matter their criminal background, would have the eligibility to run for sheriff. “That does not make sense to me.”
Supervisor Jessica Pyska said the county relies on the sheriff to manage its disasters, and a high level of expertise is needed.
Supervisor Tina Scott said she supported the letter and asked if other counties are writing similar letters.
Martin said other jurisdictions and employee organizations are registering their opposition, but the bill is getting support in urban areas.
“I can see the reasons people might think it’s not that bad of an idea,” Martin said, noting that in an urban area, a sheriff is unlikely to be out interacting with the community like he does. “The vast majority of counties in California are rural like ours.”
Sabatier said the California State Sheriffs’ Association also has submitted a letter opposing it.
“I just think that we should be looking to raise the bar, never lower the bar,” said Sabatier.
Acknowledging the motivations about diversity and inclusion, Sabatier said he believes they can be increased while raising the bar for sheriffs.
Supervisor EJ Crandell noted of Martin in particular that he has always worked with the Native American community and people of color.
In response to a question about the bill’s status, County Counsel Anita Grant said it has passed the Senate’s Public Safety Committee by a 4-1 vote and is headed to the Senate Governance and Finance Committee.
As such, Sabatier noted, “It’s got legs.”
The Senate Governance and Finance Committee is chaired by Sen. Mike McGuire, who represents Lake County. Martin said that hearing is scheduled for later this month.
Pyska asked how McGuire feels about the bill. Martin said so far McGuire hasn’t made that known.
Martin said his concerns aren’t about him but who eventually comes after him to hold the office, explaining that experience is key.
“This is about doing what’s best for our community,” and getting the best person for the job, he said.
Scott moved to approve sending the letter, with the board voting 5-0.
See the letter’s text below.
RE: Senate Bill 271 (Wiener) – Oppose As Introduced January 28, 2021
Dear Senator Wiener,
We are writing this letter in opposition to SB 271, County Sheriffs: Eligibility Requirements. This bill would in essence, and as currently presented, eliminate all eligibility requirements to become a County Sheriff.
We understand that this is part of the social justice movement to help diversify the sheriffs in our state, and to help broaden the scope of the conversation on what policing is, and what policing should be. We never want to shy away from these conversations. Diversity helps us understand each other better, and better serve the public in a more meaningful and understanding position. Policing, while fundamentally similar to when it first began, has changed over the course of our social evolution. We support the conversation on how best to serve our communities and how best to ensure the safety of our communities. Reinforcing that appropriate processes and protocols are utilized is paramount to building trust within our communities in regard to policing. These conversations are continuous and productive.
However, there is one aspect of policing that should not change: training and experience. Obtaining the appropriate educational and certification requirements are all part of ensuring that we evolve in a best practice approach. Rural counties, such as Lake County, commonly rely on their elected Sheriff to actually perform law enforcement functions. If police-community interactions are a concern now, what kind of outcome would we expect when a person with no
training or real-world experience with respecting civil rights decides to engage in law enforcement as the county’s senior law enforcement officer?
In larger counties, it is true that the elected sheriff may not perform tasks as they have many support personnel and staff with requisite experience to handle things such as administrative and personnel matters, policy updates, community engagement, and a myriad of other responsibilities. The reality for small and medium sized counties is that sheriffs themselves often perform these functions. The experience and training required to carry out these tasks properly and effectively comes after many years. It doesn’t occur simply because you get more votes than someone else. A county which has a sheriff that needs to go through a learning curve that takes years to attain will be disserved.
We seek experienced and knowledgeable candidates who understand the law and the Constitutions to which they take an oath. While experience and training does not always speak to the character of the individuals that are elected to the position of Sheriff, it speaks to an understanding of the legal processes and the rights that they are meant to preserve.
We believe strongly in quality policing in Lake County and strive to be better in how we interact with our communities and how we keep them safe. SB 271 will not help us in this endeavor. In fact, we fear that it may do just the opposite. This is why we oppose SB 271, and hope that this bill will not continue its path to the Senate Floor.
Respectfully,
COUNTY OF LAKE
____________________________ ____________________________
Bruno Sabatier, Chair Brian Martin, Sheriff
cc: Honorable Assembly Member Cecilia Aguiar-Curry
Honorable State Senator Mike McGuire
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.
County leaders raise concerns over bill to remove eligibility requirements for sheriff’s candidates
- Elizabeth Larson
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