Dispute between Sheriff Frank Rivero, Lakeport police chief to be heard in Mendocino County

A lawsuit that pits Lake County's sheriff against the Lakeport police chief will be heard in Mendocino County, where the pool of judges willing to oversee the case is expected to be larger.

"We have a statutory right to move to a neutral county. Plus, a lot of (Lake County) judges have recused themselves" from other legal cases involving Sheriff Frank Rivero, said Lakeport City Attorney Steven Brookes.

Lakeport filed the lawsuit May 20 against Rivero and the county for cutting the police department's access to the sheriff's criminal data base, known as RIMS. The city and county agreed to a venue change Wednesday. Once it's finalized by a judge, the case will be transferred to Mendocino County, Brookes said.

The lawsuit is just one in a string of disputes Rivero has had with other officials during his two years in office.

He's sparred with the district attorney; the head of probation; the county board of supervisors, which asked him in March to resign; a Clearlake Police chief; and now the police chief of Lakeport. Rivero also is the subject of a recall effort.

Rivero says his detractors are part of a corrupt good-old-boy network unhappy he's upset the status quo. He could not be reached this week for comment on the lawsuit.

The Lakeport lawsuit alleges breach of contract and breach of the covenant of good faith. It seeks an injunction against the suspension of access to the database.

"The city and its residents, business owners and property owners will be irreparably injured if defendants are permitted to continue denying the (Lakeport Police Department) access to the county RIMS database," the lawsuit contends.

Lack of access inhibits officers' ability to quickly determine whether a potential suspect is dangerous and to assist other agencies with incidents. It also could jeopardize grant funding that requires information found in the database, according to the lawsuit.

Lakeport and the county have an agreement, signed in 2005, that includes the city paying the county $87,600 a year for dispatch services and includes access to the database.

County supervisors have asked Rivero to resume the services to the city. He allowed limited access for a few days in April, but then shut it down completely, said Lakeport Police Chief Brad Rasmussen.

Rivero also has suspended service to the prosecutor's office and probation department, but they are not parties to the lawsuit at this time.

"We're going to stay out of it," said District Attorney Don Anderson, who's done his share of wrangling with Rivero. Most recently, he initiated a case against Rivero that culminated in the sheriff being placed on a list of law enforcement officials with questionable credibility for purposes of testifying in criminal court cases.

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

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