Sonoma County says deal reached to allow for voter-backed Sheriff’s Office oversight

Following months of negotiations, Sonoma County and two law enforcement unions have reached an agreement that clears the way for voter-backed expansion of civilian oversight of the county Sheriff's Office.

The breakthrough, announced Thursday, came with labor groups that opposed Measure P, which granted the county’s Independent Office of Law Enforcement Review and Outreach, or IOLERO, greater oversight authority in internal affairs investigations, including subpoena power and the ability to make recommendations on discipline, as well as a bigger budget.

The deal appears to provide for the type of stronger public oversight of the Sheriff’s Office that county voters overwhelmingly approved with Measure P in 2020. The county said it would ensure the watchdog office's ability to pursue “independent investigations of serious instances of alleged misconduct, with greater access to and cooperation with Sheriff’s Office internal investigations.”

“The county is pleased that this agreement affirms the will of the voters regarding IOLERO’s expanded powers and duties while also recognizing the associations’ legitimate interests and statutory rights in negotiating over those powers and duties,” Board of Supervisors Chair James Gore said in the county’s written announcement. “The parties’ collaborative efforts produced a comprehensive, effective and responsible agreement governing the implementation of Measure P.”

Garrick Byers, interim director of the oversight agency, said the agreement would advance law enforcement accountability and transparency efforts that voters approved nearly two years ago.

“IOLERO looks forward to exercising its expanded authorities on behalf of the people of Sonoma County,” he said in a statement.

The deal was reached with labor groups representing sheriff’s deputies and correctional employees. They contended the Board of Supervisors’ move to place Measure P on the 2020 ballot violated state law because the county had not negotiated with the labor groups about changes in the way it would investigate and discipline peace officers.

In addition to the two unions ‒ the Sonoma County Deputy Sheriff’s Association and Sonoma County Law Enforcement Association ‒ Measure P opponents included Sheriff Mark Essick, a powerful coalition of police labor groups and the Sonoma County Farm Bureau.

Thursday’s announcement came the same day a state appellate court ruled in favor of Sonoma County, which disputed the conclusion of a state labor board that struck down key components of Measure P. The board had sided with the labor unions and found the county had violated deputies’ collective bargaining rights.

But the Public Employee Relations Board “exceeded its authority by issuing a remedial order declaring voter-approved Measure P provisions void and unenforceable,” the 1st District Court of Appeals panel said in its decision Thursday.

The court annulled part of the board’s initial finding, and directed the board to again review the unions’ complaint.

“That is a favorable outcome for the county, because that’s what the county asked the court to do,” said Rick Bolanos, an attorney representing the county in the case.

Bolanos said the timing of the county’s announcement about the accord with the labor unions and the court’s decision was “strictly coincidence” and did not factor in the court’s deliberation or ruling.

The labor board can now either challenge the court’s decision by asking the state Supreme Court to review it, or can take up the case as directed by the appellate panel, Bolanos said. The board has 10 days to petition the state Supreme Court for a review.

The court’s decision does not guarantee a favorable outcome for the county if PERB chooses not to challenge the court’s decision, and does re-review the complaint, Bolanos said.

“It could very well still come out where PERB says the county violated the law,” Bolanos said. “Or could come out and say the county didn’t violate the law.”

Bolanos added that the agreements with the unions uphold what voters supported in 2020.

“The agreements carry forward all of the amendments in Measure P that were invalidated by PERB’s decision,” Bolanos said.

Board of Supervisors Vice Chair Chris Coursey, a vocal supporter of Measure P, hailed the breakthrough with the unions.

“The measure for enhanced and increased oversight that the voters passed by a pretty large majority are going to be implemented,” Coursey said. “The will of the voters will be done.”

The Sheriff’s Office also promoted the agreement in a Facebook post. It said work was underway to determine how the new oversight efforts are implemented.

Essick, who said at the time that he supported law enforcement reform but questioned Measure P’s legality, said he was pleased a resolution had been reached.

“I think this agreement allowed the associations to express their concerns and allowed the county to move forward with the will of the voters,” he said in an interview. “Overall, I’m very pleased we were able to resolve this and not litigate it in the courts.

Cody Ebert, president of the Sonoma County Deputy Sheriffs’ Association, said in the county announcement that the Deputy Sheriff’s Association members “understand that effective law enforcement depends on the community’s trust. The DSA is proud to have partnered with the county and SCLEA to make sure new law enforcement oversight measures are both effective at building and maintaining the community’s trust, and fair to the deputies putting their lives on the line for the public’s safety”

Measure P passed with nearly 65% of the vote in the wake of the summer protests against police brutality and racism that filled the streets of Sonoma County and across the nation following the murder of George Floyd by a Minneapolis officer. It increased IOLERO’s budget to 1% of the Sheriff’s Office’s, allowing it to hire additional staff.

After the labor board’s June 2021 order, “the county and the associations came together in a mutual effort to implement the voters’ will, ensure that IOLERO’s expanded authority represented smart and effective law enforcement oversight, and treat the associations’ members fairly,” the county said in its announcement. “The agreement meets all of these goals.”

Damian Evans, president of the Sonoma County Law Enforcement Association, welcomed the agreement.

“The agreement strikes the right balance between increased transparency and oversight and fair and consistent investigatory procedures for the affected Correctional Deputies, Sergeants and Dispatchers,” he said in the county announcement. “We are encouraged that the county, IOLERO, SCLEA and the DSA can move forward together to better serve the citizens of Sonoma County.”

Staff Writer Emily Wilder contributed to this story.

EDITOR’S NOTE: This story has been revised to specify that Measure P, as approved by voters, granted the county’s Independent Office of Law Enforcement Review and Outreach new oversight authority in internal affairs investigations, including subpoena power and the ability to make recommendations on discipline.