Former sheriff’s captain files legal claim against the county

Brian Philip, who resigned as a captain from the San Mateo County Sheriff's Office. Photo from the sheriff office's Instagram page.

BY AMELIA BISCARDI
Daily Post Staff Writer

The San Mateo County Sheriff’s captain who quit rather than arrest the head of the deputy’s union has now filed a claim against the county alleging retaliation among other grievances.

Supervisor Ray Mueller held a press conference Thursday and said that Capt. Brian Philip, who resigned last week rather than arresting sheriff’s deputy union president Carlos Tapia, on Tuesday submitted a legal claim, a precursor to filing a civil suit. Philip describes in the claim how he was treated by higher-ups in the sheriff’s office. He says that he was told by Undersheriff Dan Perea not to tell human resources or the district attorney about the arrest. And he details some of the retaliation he says he faced.

Don’t talk to the sheriff

Philip, who joined the San Mateo County Sheriff’s Office from the Palo Alto Police Department in August 2023, claims that he was told by former chief of staff Victor Aenlle to “stop communicating” with Sheriff Christina Corpus. Philip says he believed that Aenlle was threatened by his “then friendly” relationship with Corpus.

The new allegations by Phillip follow the release of a scathing report

Returning to the episode involving Tapia on Nov. 12, Philip said he resigned because Undersheriff Perea did not give him a “factual basis to warrant the arrest.”

“I refused his order, as I believed the arrest was improper and illegal,” Philip said. “Perea then ordered me to not report this arrest order to human resources or the district attorney’s office.”

Philip concludes he was left with no other option but to resign.

The document given to jailers said Tapia was arrested on two charges alleging time card fraud. Tapia allegedly was working on union matters during work hours.

Philip said in his claim he believed that Tapia was engaged in a protected union activity, and therefore his arrest was unlawful.

Tapia is free on $10,000 bond. District Attorney Steve Wagstaffe hasn’t said whether he will file charges against Tapia.

Lawsuits expected

Mueller, the county supervisor, said at Thursday’s news conference that he is concerned about the lawsuits that will hit the sheriff’s office and county.

“Under her leadership and the relationship she has with Mr. Aenlle undoubtedly is going to cost the taxpayers millions of dollars in lawsuits,” Mueller said.

Sheriff’s denial debunked

Corpus refused to be interviewed by Cordell, but after the report came out, she claimed that the texts containing homophobic slurs seemed to be fake and that she never sent them.

Mueller said the county used Cellebrite, a company with software that can determine if messages are falsified or not. Mueller said the county was able to obtain the device of one of the individuals interviewed by Cordell.

The messages show that Corpus used the term, “fuzz bumper” four times when referring to a woman. “Fuzz bumper” is a vulgar term used to describe lesbians.

Unity among captains

As the Daily Post reported Thursday, the sheriff office’s five remaining captains have all called for Corpus’ resignation and the firing of Aenlle. Mueller had two captains, Mark Myers and Eamonn Allen, standing beside him during the conference Thursday.

“I’m here on my own time and off duty, speaking for the sheriff’s captains; the letter that our group has recently delivered the sheriff speaks for itself,” Myers said. “We stand here today in appreciation of board supervisor Mueller and the board of supervisors who have given a voice to the voiceless within the organization and to show support for the men and women of the sheriff’s office who continue to show up to work.”

The captains sent a letter to Corpus on Monday “expressing a lack of confidence in your leadership.” The county is taking the position that Aenlle is no longer an employee of the county, according to Mueller. The board of supervisors eliminated his position as executive director and chief of staff. Then Corpus said she was promoting him to assistant sheriff, suggesting that they cannot fire somebody in that position.

Mueller said the county doesn’t believe Aenlle, who was a reserve deputy before Corpus hired him two years ago, meets qualifications for assistant sheriff, and therefore he is no longer employed by the county.

Moreover, County Executive Mike Callegy has said that Aenlle, if he visits the sheriff’s office, is only allowed in the areas where the public is welcome, and that he can’t go to what was his office.

14 Comments

  1. It will be quite interesting to see the result of the District Attorney’s complaint review and the Corpus administration’s familiarity with the Memorandum of Understanding (MOU) between the Deputy Sheriffs Association (DSA) and representatives of the County of San Mateo. Especially relative to the MOU part three portions that read, “County employees who are official representatives of the Association shall be given reasonable time off with pay, including reasonable travel time, to formally meet and confer or consult with management representatives on matters within the scope of representation; to be present at hearings where matters within the scope of representation are being considered; to testify or appear as the designated representative of the Association in settlement conferences, hearings, or other proceedings before PERB, in matters relating to an unfair practice charge; or to testify or appear as the designated representative of the Association in matters before the Civil Service Commission.”

    As well as the part that reads, “The County agrees to provide the Association President with sixty (60) hours of release time each pay period. … During this County paid release time, the Association President shall engage only in the following activities: (1) preparing for and participating in meet and confer or consultation with representatives of the County or Sheriff’s Office on matters relating to employment conditions and employee relations, including wages, hours and other terms and conditions of employment; (2) investigating or processing grievances or appeals; (3) conducting Association business; (4) participation in Association Board and general membership meetings; (5) attendance at Association related training, conferences and workshops.” All those in the Corpus Administration had to do was Google “dsa mou san mateo county”, then read.

    As to the new claim against the County, it doesn’t seem unexpected, rather it is between predictable and understandable, while it has its own course to traverse. Claims like this are commonly denied by the County, which paves the way for subsequent litigation.

  2. Let the “check writing begin!” To all the folks who say Corpus and her little band of idiots have done nothing wrong or inappropriate, wake the hell up! Money from hard working tax payers will be flowing to the “victims” of Corpus’ misdeeds. Unfortunately, she is a narcissistic, delusional fool, who thinks this will as just go away. Come on Christina, you say you’re here for the people of San Mateo County? Then just leave and save everyone the trouble. Little Danny Noyes can’t save you. Whether by Grand Jury or a recall, you’re done!

  3. Mike Callegy should refuse his resignation, and put him back on the payroll with full pay and benefits – just like Ryan Monaghan. That might save the County a whole lotta $$$…

    • Phillip’s resigned … hopefully he will be offered another job in the county away from corruption

      Such a disgusting way to treat hard working people. It is dehumanizing and such a violation of rights. These people deserve help and now. Step in Attorney General

  4. Let me see if I got this right. SFPD Under Sheriff Dan Perea orders Captain Phillips and Acting Ass. Foxy to arrest the Deputies President and whistle blower. Captain Phillips tells SFPD Under Sheriff Dan Perea to pound salt and dumb dumb Acting Ass. Matt PC 57 Foxy busts out his DCPD handcuffs on the DSA President. Captain Phillips quit$. Then Acting Ass. Foxy quits as he knows he’s going to jail for kidnapping the Deputies President. So last man standing is SFPD Dan Perea who is keeping book on Dr. Analle and Sheriff Corpus while trying to find an attorney to call him back. I think I’m all caught up.

  5. Ahhhh the Doctor and the Sheriff teaming up with Dan Noyes again. Dan how come you didn’t ask the Doctor a question about the rifles?

    • A total soft ball interview that looked and sounded like all of the questions were agreed upon before it ever happened. Noyce is a disgrace to journalism! I gotta hand to that little snake of a short man’s complex Victor though – he is a damned good liar!

      • You’re correct, Finally – it’s customary for someone to agree to an interview only if they can control the questions. That’s absolutely what happened here, otherwise Dan wouldn’t have had an interview. And – we already know how controlling Vicky is, sooooo…

  6. Why is Perea still hanging onto Christina’s hemline? Does he have some far-fetched fantasy that when she (ever) comes to her senses and resigns he’ll slide in as Sheriff? Peres, this ain’t San Francisco. If you’re smart (Big question mark) you’ll resign and start pulling down your SFPD pension. You’re not going to make the five years to be vested in SamCera.

    • Er no. Try ‘Dumb as a bag of hammers” . Always has been. I dislike these double and triple dippers, that’s not the main problem. If they were doing their JOB and adding VALUE, as opposed to being pension sponges, as this loser is, no problem. Otherwise, lose ’em. I dont get 2 or 3 pensions for doing nothing. Stack them up is the rule Ask what rule or guideline or CalPERS thing he has *ever* issued. Nada. A useless Jabba the Hut.

  7. Perea was and always a has been third rate gofer. Witness the happy going away party when he left SF (they loved ! to see him go). So, one loser likes another, so.. here he is, guys. You all know these types, they were losers who just got promoted up to get rid of them… You been there in your agency ? and here they are.

    But as to Victina, what is the hold he has on her ? ALL her Command staff has said nope and quit, ALL of her Capts have said no (cowards btw.. why did they not come out in front of this, vs later… I have no respect)

    So why does she keep doing the crazy nut job line ? She and Vicky are gonna be facing numerous Grand Juries and State DOJ investigations very shortly. Time to order a Size 28 (extra short) orange suit for Vick. We have extra small shower clogs for you too, plus your mini Spork is ready too. I hear the balogna and cheese sandos in the County lockup are quite tasty. Yummm.. About having silenced rifles as a civilian, badges, armed, cars, uniforms, under Sheriff non POST reqt quals, Reserve non qual, etc.. etc. Steve, as DA, would you just please lock these 2 up ?

    Christina, you have lost ALL of the support you garnered in the election, ALL. We all worked really hard to elect you. I am quite disgusted. You are NEVER going to have ANY job in Govt again, ever. Get your Real Estate license now ot find some other job.

  8. With an appointed Sheriff and an appointed District Attorney San Mateo County Board of Supervisors will be most powerful county electeds in the State of California.

  9. Perea got bodies. Deputies probably walking around saying whose next? Funny cuz he couldn’t get a collar in 30 years at SFPD but he’s hooking Deputies and making people resign left and right. Even told the little Doctor to pound salt. Mafia moves.

  10. Mama told me there would be days like this but not this many! Mama and I use to watch Cops together when I was growing up but now I’m living in Sons of Anarchy. Don’t worry mama, Dan Perea doesn’t know how to get inside the jail so we’re all safe from him here. Hopefully see you when I get a day off.

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