By Emerson Drake
5/11/11
Stanislaus County Civil Grand Jury
The Stanislaus County Sheriff
Case #11-10C
The Stanislaus County Civil Grand Jury received a citizen’s complaint dated June 23,
2010, alleging the Sheriff of Stanislaus County violated California Government Code
section 3206, the Hatch Act, the Meyers-Milias-Brown Act (California Government Code
section 3506), and Labor Code section 1101, and disregarded a Cease and Desist letter
served on him by the law firm representing the Stanislaus Sworn Deputies Association
(SSDA) while campaigning for the June 2010 Sheriff’s election.
SUMMARY
The complainant alleged these actions affected political involvement of members of the
SSDA and influenced the outcome of the election
The Grand Jury investigation began approximately August 24, 2010, and was completed
approximately November 16, 2010.
The Stanislaus County Civil Grand Jury found the following:
Stanislaus County Sheriff violated California Government Code section 3206 by
attending political functions, while in uniform, on at least two separate occasions.
A copy of the non-binding Cease and Desist letter indicates a "fax" and United States
Postal Service mail date of January 19, 2010. The letter was "faxed" and mailed to the
general address for the Stanislaus County Sheriff's Department. Requests to the SSDA
and their law firm regarding the mailing process and physical receipt of the letter went
unanswered.
The Hatch Act does not apply in this matter. The Stanislaus County Sheriff is a state
constitutionally elected official and the position is neither wholly nor partially funded by
the federal government.
The Stanislaus County Sheriff did not violate California Government Code section 3506.
No evidence could be found to support the allegation that the Sheriff attempted to forbid
or prevent, control or direct, political activities of any of the employees of the Stanislaus
County Sheriff's Department.
The Grand Jury recommends that the Sheriff refrain from violatinStanislaus County Civil Grand JuryThe Stanislaus County SheriffCase #11-10C The Stanislaus County Civil Grand Jury received a citizen’s complaint dated June 23, 2010, alleging the Sheriff of Stanislaus County violated California Government Code section 3206, the Hatch Act, the Meyers-Milias-Brown Act (California Government Code section 3506), and Labor Code section 1101, and disregarded a Cease and Desist letter served on him by the law firm representing the Stanislaus Sworn Deputies Association (SSDA) while campaigning for the June 2010 Sheriff’s election.
SUMMARY The complainant alleged these actions affected political involvement of members of the SSDA and influenced the outcome of the electionThe Grand Jury investigation began approximately August 24, 2010, and was completed approximately November 16, 2010.The Stanislaus County Civil Grand Jury found the following:Stanislaus County Sheriff violated California Government Code section 3206 by attending political functions, while in uniform, on at least two separate occasions.
A copy of the non-binding Cease and Desist letter indicates a "fax" and United States Postal Service mail date of January 19, 2010. The letter was "faxed" and mailed to the general address for the Stanislaus County Sheriff's Department. Requests to the SSDA and their law firm regarding the mailing process and physical receipt of the letter went unanswered.The Hatch Act does not apply in this matter.
The Stanislaus County Sheriff is a state constitutionally elected official and the position is neither wholly nor partially funded by the federal government.The Stanislaus County Sheriff did not violate California Government Code section 3506.
No evidence could be found to support the allegation that the Sheriff attempted to forbid or prevent, control or direct, political activities of any of the employees of the Stanislaus County Sheriff's Department.The Grand Jury recommends that the Sheriff refrain from violating Government Code section 3206 by no longer wearing his uniform to any potential political event regardless of intent.
GLOSSARY
California Government code section 3206 states
"No officer or employee of a local agency shall participate in political activities of any
kind while in uniform."
Hatch Act:
The Hatch Act, in summary, is a federal law that restricts the political activities of federal
workers, as well as those of state and local government employees who work in
connection with federally funded programs.
The Meyers-Milias-Brown Act (California Government Code section 3506) states:
"Public agencies and employee organizations shall not interfere with, intimidate, restrain,
coerce or discriminate against public employees because of their exercise of their rights
under California Government Code Section 3502."
California Government Code section 3502 states:
"Except as otherwise provided by the Legislature, public employees shall have the right
to form, join, and participate in the activities of employee organizations of their own
choosing for the purpose of representation on all matters of employer-employee relations.
Public employees also shall have the right to refuse to join or participate in the activities
of employee organizations and shall have the right to represent themselves individually in
their employment relations with the public agency."
California Labor Code section 1101 states:
"No employer shall make, adopt, or enforce any rule, regulation, or policy:
(a) Forbidding or preventing employees from engaging or participating in politics
or from becoming candidates for public office.
(b) Controlling or directing, or tending to control or direct the political activities or affiliations of employees.
SSDA: Stanislaus Sworn Deputies Association
Modesto Bee: Daily circulation newspaper which has the largest daily circulation in the
county of Stanislaus.
Modesto Bee Editorial Board: Entity with the Modesto Newspaper that hosted the
political debate attended by the Sheriff and his opponent on April 14, 2010.3
On July 30, 2009, the Sheriff and his political opponent were invited to a pollitical debate,
hosted by the SSDA, regarding issues affecting the above-mentioned union, which
represented approximately 220 sworn deputies that worked in the custodial facilities.
BACKGROUND
The Sheriff arrived and participated in the event in uniform, which was witnessed by an
excess of 220 employees of the Sheriff’s department and his political opponent.
A non-binding Cease and Desist letter was sent by the SSDA legal representative to the
Stanislaus County Sheriff's Department, dated 01/19/2010, informing the Sheriff he
violated California Government Code section 3206 by appearing in uniform for the
political function on 06/30/09.
On April 14, 2010, at approximately 2:30 PM, the Sheriff and his political opponent
appeared by invitation in front of the Editorial Board of the Modesto Bee newspaper. The
purpose was to provide information so that the Modesto Bee Editorial Board could make
a determination regarding which candidate to endorse for Stanislaus County Sheriff. The
invitation was sent out via e-mail dated April 6, 2010.
The Sheriff arrived and participated in the meeting in uniform which was witnessed by
approximately three members of the Modesto Bee Editorial Board, three resident citizens,
acting as “visiting editors,” and his political opponent.
The complainant felt these actions influenced the outcome of the 2010 Stanislaus County
Sheriff's election and subsequently filed the formal complaint dated June 30, 2010.
The Stanislaus County Civil Grand Jury conducted its investigation using the following
methods:
METHOD OF INVESTIGATION
• Interviewed the Complainant and other citizens, which included the Sheriff.
• Reviewed photograph of July 30, 2009 political debate, before the SSDA, taken
by a reporter of the Modesto Bee, showing the Sheriff participating in uniform.
• Reviewed video segment of the Modesto Bee Editorial Meeting, recorded April
14, 2010, showing the Sheriff participating in uniform.
• Reviewed assorted documents, including, but not limited to, the “Invitation to
meet with the Modesto Bee Editorial Board,” dated April 6, 2010, wherein both
the Sheriff and his political opponent were advised the information gathered from
their interviews would be used to guide the endorsement decision of the Modesto
Bee Editorial Board.
• Reviewed the Cease and Desist letter from the SSDA's legal representative.
• Testimony from the Sheriff confirmed he appeared at both functions in uniform,
however not as a political candidate. The Sheriff testified he appeared at the
functions specifically to provide information directly related to the Stanislaus
County Sheriff’s Department.
F1. The Stanislaus County Civil Grand Jury finds that the Sheriff did participate in
two separate political activities while in uniform. Therefore, the Stanislaus
County Civil Grand Jury finds the Stanislaus County Sheriff violated Government
Code section 3206.
FINDINGS
F2. Stanislaus County Civil Grand Jury finds no evidence to support the allegation
that the Sheriff ignored the Cease and Desist letter because no evidence could be
found to confirm he physically received the letter.
F3. The Stanislaus County Civil Grand Jury finds that the Hatch Act does not apply in
this matter. The Stanislaus County Sheriff is a state constitutionally elected
official. The position of Sheriff is neither wholly nor partially funded by the
federal government.
F4. The Stanislaus County Civil Grand Jury finds the Stanislaus County Sheriff did
not violate California Labor Code section 1101. Our investigation found no
evidence to support the allegation that the Sheriff attempted to forbid or prevent
any employee from engaging in political activities. Nor did he attempt to control
or direct the political activities of any employee of the Stanislaus County Sheriff's
Department.
F5. The Stanislaus County Civil Grand Jury finds the Stanislaus County Sheriff did
not violate California Government Code section 3506. Our investigation found
no evidence to support the allegation that the Sheriff attempted to interfere with,
intimidate, restrain, coerce or discriminate against any Sheriff's Department
employee for their exercising of a right to participate in any political activities.
R1. It is the recommendation of the Stanislaus County Civil Grand Jury that the Sheriff
and successors, refrain from wearing a uniform while participating in any political
activity.
RECOMMENDATIONS
Regardless of the intent, or the interpretation of the request to participate in any
activity potentially political in nature, the Sheriff and successors should refrain from
participating in the event(s) while in uniform, which is a direct violation of
Government Code section 3206.5
The Stanislaus County Sheriff
REQUEST FOR RESPONSES
Stanislaus County Board of Supervisors
This report of case # 11-10C is issued by the 2010-2011 Stanislaus County Civil Grand
Jury with the following exception: one member of the grand jury volunteered to recuse
himself/herself due to a perceived conflict of interest. This person was excluded from all
phases of the investigation, including interviews, deliberations, voting, and in the writing
and approval of this report. None of the information included in this report was obtained
from the excluded grand juror as a means of mitigating a potential bias to the integrity of
this report.
Reports issued by the Civil Grand Jury do not identify individuals interviewed. Penal
Code Section 929 requires that reports of the Grand Jury not contain the name of any
person, or facts leading to the identity of any person who provides information to the
Civil Grand Jury. The California State Legislature has stated that it intends the
provisions of Penal Code Section 929 prohibiting disclosure of witness identities to
encourage full candor in testimony in Civil Grand Jury investigations by protecting the
privacy and confidentiality of those who participate in any Civil Grand Jury
investigation.
