The people of Sonoma County deserve the strong civilian oversight of law enforcement they’ve asked for, delivered by government agencies that work together in good faith to deliver just that. Achieving this goal is possible but must be done responsibly and with deference to constitutional rights and respect for California law. To that end, I have declined to issue an order compelling deputies to interview with the Independent Office of Law Enforcement Review and Outreach (IOLERO).
Some critics have portrayed this decision as resistance to oversight. The reality is exactly opposite. I fully support transparency and accountability, but not at the expense of constitutional rights, state labor law, and court rulings. Since becoming Sheriff, I have increased the Internal Affairs budget, added an Internal Affairs investigator position, and changed several policies based on IOLERO recommendations.
All public employees, including deputies, retain constitutional rights. Chief among these is the Fifth Amendment protection against self-incrimination. In law enforcement, that right is safeguarded through a Lybarger admonition, a process based on case law which allows an officer to answer questions in an administrative investigation without those answers being used in a criminal case…