BY DAVE PRICE
Daily Post Editor
San Mateo County Sheriff Christina Corpus’ decision to fire her assistant sheriff after he admitted to cooperating with an internal investigation has fueled talk about how a sheriff can be removed from office.
Corpus fired Assistant Sheriff Ryan Monaghan on Friday after he told her he had been interviewed by retired Judge LaDoris Cordell.
Cordell is investigating complaints against Corpus’ closest ally, Chief of Staff Victor Aenlle.
Unions representing deputies and sergeants voted 96% in favor of a resolution saying they had no confidence in Aenlle.
Now, after Corpus fired Monaghan, the unions are gearing up for a no confidence vote against Corpus. That vote could occur as early as this week.
There are only a couple of ways to remove a sheriff in California. As an elected official, she cannot be fired by the Board of Supervisors.
But residents can circulate recall petitions and, with enough signatures, put her removal to the voters.
In 2022, San Francisco residents voted overwhelmingly to recall District Attorney Chesa Boudin, who was seen as soft on crime. Also in 2022, San Francisco voters recalled three members of their school board.
This fall, Alameda County voters will decide whether to recall District Attorney Pamela Price, who, like Boudin, is accused of being soft on crime. Price has other problems too, such as putting her boyfriend into a high-paying job in the DA’s office.
The other way a sheriff could be removed is by the civil grand jury, which is different from a criminal grand jury that decides whether to bring charges against defendants.
The civil grand jury consists of mostly retirees who investigate government operations and write non-binding reports with recommendations for improvements. Recent reports have focused on bicycle safety and encouraging high schools to have partnerships with business.
California law gives the civil grand jury the ability to investigate an elected official and decide whether that official should face criminal charges.
The civil grand jury is an unusual path to removing a sheriff, but it happened in Santa Clara County in 2022. Longtime sheriff Laurie Smith was accused of accepting campaign contributions in exchange for concealed weapons permits.
The jury has the authority under the law to bring an “accusation” against a public official.
The accused official, if found guilty, doesn’t face the possibility of incarceration. Instead, the only punishment is removal from office.
Smith decided not to seek re-election before the grand jury trial ended, making her conviction moot. However, she cannot run for sheriff again.
In 1980, the San Mateo County civil grand jury charged Albert DiMatteo, a board member of the San Mateo City School District. A jury found DiMatteo sold the high school’s pickup truck and a van to his sister, and she then transferred the pink slips to his name. District bylaws and the Education Code banned DiMatteo from selling surplus property to himself, and he was removed from the board.
At this point, it’s hard to say what charges a civil grand jury would bring against Corpus. By firing Monaghan, she may have interfered with Cordell’s investigation. Whether that’s against the law is unclear. However, Cordell was hired by the Board of Supervisors and was conducting an official investigation.
Monaghan may also have a claim against Corpus for retaliatory firing, though that would normally be a civil case not criminal. Cordell’s report may reveal whether any laws were broken by the sheriff or Aenlle. But since her report delves into HR matters, it might not be released to the public because of personnel confidentiality laws.
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