Report 2021-109 Recommendation 14 Responses

Report 2021-109: San Diego County Sheriff's Department: It Has Failed to Adequately Prevent and Respond to the Deaths of Individuals in Its Custody (Release Date: February 2022)

Recommendation #14 To: Citizens' Law Enforcement Review Board

To ensure its investigations are independent, timely, and thorough, CLERB should, by May 2022, discuss and modify its current agreement with the Sheriff's Department and the labor organization to allow CLERB's investigators to conduct independent interviews of Sheriff's Department sworn staff.

1-Year Agency Response

San Diego County Code of Administrative Ordinances (Admin. Code) Section 340.15 mandates that "in the discharge of its duties, the Review Board shall receive complete and prompt cooperation from all officers and employees of the County. The Review Board and other public officers, including the Sheriff, the District Attorney, and the Grand Jury, shall coordinate their activities so that the other public officers and the Review Board can fully and properly perform their respective duties."

Throughout 2021 and 2022, the CLERB Executive Officer (EO), the former Deputy Sheriff's Association (DSA) President, DSA Counsel, and CLERB's Outside Counsel had several conversations pertaining to CLERB interviews of deputies. It is CLERB's position that the emphasized phrase above should be sufficient to enforce the complete and prompt cooperation of all County employees afforded CLERB in the discharge of its duties and will continue to work with the Sheriff's Department and Probation Department and applicable labor organizations to obtain such cooperation.

As of this writing, the DSA will advise deputies that an interview may be requested by CLERB staff if CLERB staff believe an interview is necessary. If the deputy decides to participate in the interview, SDSD administration, CLERB staff, and the DSA will ensure the interviews are conducted pursuant to the protections provided by the Public Safety Officers Procedural Bill of Rights Act detailed in California Government Code Sections 3300-3313 and any other applicable law, including Miranda v. Arizona, 384 U.S. 436 (1966), Lybarger v. City of Los Angeles 40 Cal.3d 822 (1985), and Garrity v. New Jersey, 385 U.S. 493 (1967). This agreement has not yet been formalized in writing but the DSA has agreed to do so.

Finally, it is my understanding that the new SDSD administration is currently assessing whether it will support CLERB interviews of SDSD personnel.

California State Auditor's Assessment of 1-Year Status: Pending

6-Month Agency Response

In July 2022, the CLERB Executive Officer (EO), the Deputy Sheriff's Association (DSA) President, DSA Counsel, and CLERB's Outside Counsel continued the conversations initiated in the last quarter of 2021. The DSA will permit interviews of San Diego Sheriff's Department (SDSD) sworn staff when CLERB staff deems an interview is necessary. SDSD personnel, CLERB staff, and the DSA will ensure the interviews are conducted pursuant to the protections provided by the Public Safety Officers Procedural Bill of Rights Act detailed in California Government Code Sections 3300-3313 and any other applicable law.

California State Auditor's Assessment of 6-Month Status: Pending

CLERB has not yet documented a formal agreement in writing with the Sheriff's Department and the labor organization. We look forward to getting an update on the progress of documenting this agreement at the one-year response in February.

60-Day Agency Response

In March 2022, CLERB finalized a contract with new outside counsel, Duane E. Bennett. Now that Mr. Bennett is in place, the CLERB Executive Officer (EO), the Deputy Sheriff's Association (DSA) President, DSA Counsel, and Mr. Bennett will expand upon the initial conversations had about this topic in the last quarter of 2021 and the EO will advise the CSA of the status during its six-month update.

California State Auditor's Assessment of 60-Day Status: Pending

All Recommendations in 2021-109

Agency responses received are posted verbatim.