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ZOOM TOWN HALL FOR OVERSIGHT OF THE SHERIFF’S OFFICE/AB1185 IMPLEMENTATION
December 15, 2021 @ 6:00 pm - 8:00 pm
ZOOM TOWN HALL FOR
OVERSIGHT OF THE SHERIFF’S OFFICE/AB1185 IMPLEMENTATION
WEDNESDAY, DECEMBER 15TH, 6-8 PM
DISTRICTS 3 & 4, SUPERVISORS MILEY AND
BROWN (SUPERVISOR CHAN’S INTERIM SUCCESSOR.)
THESE ARE CRITICAL MEETINGS FOR COMMUNITY ENGAGEMENT TOWARD DEVELOPING THE STRONGEST, MOST EFFECTIVE OVERSIGHT OF THE SHERIFF AND JAIL POSSIBLE UNDER THE LAW. COME & BRING FRIENDS
ALL ARE WELCOME TO ANY MEETING, BUT PARTICIPATION IN YOUR DISTRICT MEANS YOUR VOICE WILL BE MOST EFFECTIVE.
INFORMATION BELOW FOR PUBLIC COMMENT BASED ON OUR ADVOCATES COALITION LETTER TO SUPERVISORS, LINKED HERE: https://bit.ly/AB1185letter
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The strongest oversight model under the new state law, AB1185, will have certain limitations as the sheriff is an elected official. But with subpoena power they can conduct independent investigations and recommend substantive change to the Board of Supervisors.
County supervisors, under California Government Code, have authority to “supervise the official conduct of all county officers, including the sheriff” and “shall see that (county officers) faithfully perform their duties.” Supervisors cannot interfere with investigative functions, but all other sheriff’s duties are subject to a Board of Supervisors (BOS) oversight.
Structured, community-based oversight can focus on problems within the department and objectively consider ways of improving policies and programs in the jail to reduce recidivism, uphold constitutional policing and help the county save money by preemptively avoiding practices like those currently resulting in civil suits and federal interventions.
Key principles we are advocating for strong and effective community oversight that can be upheld in Public Comments:
- A volunteer oversight board composed of qualified community members, fully representative of Alameda County’s regional and demographic diversity – including voices of those most impacted by sheriff’s department operations – working with a full-time Inspector General, both with subpoena power.
- Indirect oversight board appointments, via a community selection panel appointed by the Supervisors and mandated to reach out in a transparent and non-political application process, to select the most qualified, diverse and inclusive oversight board nominees among county residents.
- Legal counsel to an oversight board and inspector general that is fully independent of the County Counsel’s potential conflicts of interest representing the sheriff and county in civil lawsuits.
- A dedicated funding stream for adequate staffing of investigators and other essential full-time personnel.
- Full and timely access to all relevant records and testimony, and regular public meetings, town halls & reports to address issues of concern to the community and the Board of Supervisors (BOS.)
What are sheriff’s duties and powers under state law and the Alameda County Charter ?
The sheriff is an elected official. The current Alameda County Sheriff is Greg Ahern. He has held this position since 2007 and has run uncontested for three consecutive election cycles. The next sheriff’s race will be in 2022 with 2 declared challengers to Ahern.
As chief law enforcement officer of the county the sheriff has all the powers… in “crime prevention, rehabilitation of persons previously convicted of crime, or the suppression of delinquency”
To prevent and suppress… riots and insurrections;
The sheriff is the county director of civil defense and disaster…
A sheriff can “command… as many male inhabitants as necessary in the execution of his/her duties” (which means the sheriff could form posses, like you see in western movies)
The sheriff operates and oversees the county jail…(over 2000 individuals in custody on average.)
The sheriff …serves…as marshal of the municipal courts of Alameda County… “to serve all process and notices (as) prescribed by law” (which puts the sheriff in charge of evictions of homeowners or renters the courts rule to be out of compliance with a bank, other mortgage holder or a landlord.)
As coroner the sheriff shall…determine the circumstances, manner and cause of all violent, sudden or unusual deaths; unattended deaths…known or suspected homicide, suicide… and deaths in prison…
To clarify, each county in California determines whether their sheriff serves as county coroner. In most counties, including Alameda County, the sheriff is also coroner, with potential conflicts of interest when sheriff’s deputies or non-sworn staff are potentially involved in a death under investigation or the death takes place in custody of the sheriff, as in Santa Rita Jail.
Also, the sheriff has primary responsibility for policing unincorporated areas of the county where there is no municipal police department. The sheriff also, by contract, provides police services for the City of Dublin (the contractual relationship gives the city of Dublin unique authority over the Sheriff.) The sheriff also contracts with A.C. Transit, Highland Hospital, and Oakland International Airport for police services.
Sheriff’s deputies can enforce law as they see fit anywhere in the county and they are often called in officially by OPD and others to assist in managing large demonstrations.