Lake County Sheriff Frank Rivero walks along Main Street in Lakeport, California on June 29, 2012. Rivero has been a lightning rod for controversy since he was elected in 2010. (Randall Benton/Sacramento Bee/MCT)

Judge: Lakeport police access to sheriff's records can continue

A Mendocino County judge on Friday ordered Lake County Sheriff Frank Rivero to continue providing the Lakeport Police Department with computerized records and criminal histories.

A "preliminary injunction is appropriate and will be granted," said Judge Cindee Mayfield, who cited public safety concerns in making her ruling.

The preliminary injunction extends the effects of the temporary restraining order she issued July 1. The new order will remain in effect until a lawsuit filed by the city of Lakeport against Lake County and Sheriff Rivero goes to trial or is settled. A trial date has not yet been set.

Rivero cut off Lakeport's access to his database April 22, saying he'd found evidence that some police officers had misused their access to the system, which contains information that can be highly sensitive and proprietary, such as claims about domestic violence and molestation.

He said he has asked the Attorney General's Office to investigate the alleged abuses.

Lakeport filed a lawsuit May 20 against Rivero and the county for cutting the police department's access to the sheriff's criminal database, known as RIMS.

Attorney David Ruderman of Penn Valley represents the city in the case; Lake County Deputy County Counsel Shanda Harry represents the county; and Deputy County Counsel LLoyd Guintivano represents the sheriff.

Lakeport Police Chief Brad Rasmussen has said the information in the database is crucial to the safety of his officers and the public.

Without it, police had limited access to their own call histories and had trouble finding prior contacts suspects may have had with other law enforcement agencies.

In making her ruling, Judge Mayfield said the potential for harm to the Lakeport Police Department outweighs the potential for harm to the Sheriff's Office.

She also said she believes access to the computerized system is implied in the contract under which the county provides dispatch services to the city. It's not written in the contract, but access to the system has been allowed for the duration of the 10-year contract, Mayfield noted.

Rasmussen said after the hearing that he is pleased with her decision.

It "allows us to effectively do our job," he said.

Rivero said Lakeport's victory is temporary.

"I believe we will prevail in court," he said.

The feud between the two departments is just one of Rivero's many battlefronts.

He's fought with the district attorney; the head of probation; the Clearlake Police chief: and the county Board of Supervisors, which in March asked him to resign.

Rivero also has been placed on a list of officers considered to be unreliable court witnesses and is the subject of a recall effort.

(You can reach Staff Writer Glenda Anderson at 462-6473 or glenda.anderson@pressdemocrat.com.)

UPDATED: Please read and follow our commenting policy:
  • This is a family newspaper, please use a kind and respectful tone.
  • No profanity, hate speech or personal attacks. No off-topic remarks.
  • No disinformation about current events.
  • We will remove any comments — or commenters — that do not follow this commenting policy.