Criminal Justice Committee Allegations Regarding the 2002 Sheriff’s Election Citizen Complaints #01/02-c-027 and

The only formal electioneering guidance given by the County, to County employees is Civil Service Code 2.60.090, which reads as follows: “No person employed under the system created by this chapter shall seek or accept election, nomination or appointment as an officer of a political club or organization, take an active part in a county political campaign favoring or opposing any candidate for election or nomination to a county office, or distribute badges, pamphlets, dodgers or handbills of any kind favoring or opposing any candidate for election or for nomination to a county public office. This chapter does not prevent any such officer or employee from becoming or continuing to be a member of a political club or organization, from attending political meetings or from seeking or accepting election or appointment to public office.”

Section 3206 of the California Government Code provides as follows: "No officer or employee of a local agency shall participate in political activities of any kind while in uniform."

To implement that provision of state law, El Dorado County Sheriff's Office General Order No. 3-07, after citing Section 3206, provides as follows: "To ensure compliance with this section, no employee of the El Dorado County Sheriff's Office shall participate in any political activities, including but not limited to, appearing as a candidate or supporting a candidate for public office, either in person or in any visual media while wearing the official uniform or clearly identifiable official patch or badge of the El Dorado County Sheriff's Office.”

Restriction of campaigning by Sheriff’s Department employees is especially important because of the possibility that members of the public may feel intimidated when confronted by law enforcement officers.

The Sheriff’s election in 2002 was the first highly contested Sheriff’s election in many years. Some inappropriate electioneering behavior and possible violations of law occurred during the course of campaigning in 2002 for the position of Sheriff.

Both candidates claimed that they had specifically directed their active supporters to obey the law regarding elections, and that they enforced those directives.

The Sheriff requested that the Department of Human Resources (HRD) develop a policy which would specifically state what is appropriate, or inappropriate, employee campaign behavior.

HRD drafted a proposed policy in May 2001. The policy was sent to County Counsel's office for review, but has yet to be issued.

Although the policy has yet to be approved, the Sheriff issued the draft policy to managers and supervisors prior to the 2002 election, to assist them in their direction of subordinates.

Managers were directed to discuss the draft policy in their management meetings.

Sergeants were directed to discuss the draft policy in pre-shift meetings.

Managers had follow-up discussions; most sergeants had such discussions, but at least one did not.

The draft policy regarding elections was to be incorporated into ongoing Sheriff’s training programs.

The Sheriff claims that individually reported violations have been followed-up and dealt with appropriately.

Even when off-duty and out of uniform, law enforcement officers are viewed as officers. The distinction between on- and off-duty is blurred. Therefore, when an officer is handing out campaign literature in front of a business or nailing a campaign poster onto a telephone pole, civilians (or even other officers) probably would not know if that officer is off-duty.

County managers, such as Sheriff’s Department Captains and Lieutenants are allowed to utilize their respective 96 or 80 hours of management leave for personal purposes, including electioneering. These hours are sometimes used during regular eight-hour shifts, creating the impression that the Captains or Lieutenants may be campaigning on county time.

Internal election battles waged within the Sheriff’s Department and the resulting bad feelings affected relations among Sheriff’s personnel and between Sheriff’s personnel and the public.

There are residual bad feelings among some of the Sheriff’s personnel. Many believe it will take years for healing to take place.

There are seven elected county department heads. Elections for Sheriff are frequently contentious because: · Opposing candidates are generally long time employees of the Department. · The Sheriff’ Department has a greater number of employees. · Departmental employees are highly visible in uniform. · The type of work, such as responding to emergencies, is stressful. · Persons attracted to law enforcement are usually assertive, tough minded and confrontational. · The culture and traditions of law enforcement encourage such contentiousness.

The Sheriff’s Team of Active Retirees (STAR) are uniformed volunteers who assist the Sheriff’s Department with a variety of functions. There are more than 200 STAR volunteers. They are viewed by the public as being departmental employees.

The 2002 election is over. The unsuccessful candidate has already announced that he will be a candidate in 2006. That announcement may result in continued contentiousness for the next four years.