LAKEPORT – With state officials declining to take on an investigation about a deputy sheriff's flight activities, and federal officials finding no issues with the deputy's licensing, the Board of Supervisors must decide what to do next when they meet this week.

The matter will be heard at 10 a.m. Tuesday during the Board of Supervisors meeting at the Lake County Courthouse, 255 N. Forbes St., Lakeport. TV8 will broadcast the meeting live.

“I am not sure where we are headed at this time,” Board Chair Anthony Farrington told Lake County News. “I am frustrated at government at all levels.”

In January, the board approved sending letters to both the California Attorney General's Office and the Federal Aviation Administration (FAA), asking for assistance in investigating a possible misappropriation of public funds in relation to the flight activities of Sgt. Dave Garzoli.

Last summer, following a crash landing near Cow Mountain, the board learned of Garzoli's flight activities, which were being done using a helicopter paid for by a Drug Enforcement Administration marijuana eradication grant, as Lake County News has reported.

Since then, Garzoli has been demoted from lieutenant to sergeant.

During the board's January discussions, members raised concerns that the investigation would be bounced back to the county, which appears to have been the outcome, at least from the state perspective.

On Tuesday the board will discuss what options they have next and consider the letters they received in response to their investigation requests.

In a letter to Farrington from Deputy Attorney General Tamar Pachter, dated Feb. 18, Pachter stated that the office can't assist the county in the matter.

“The Department of Justice is committed to upholding and enforcing the law, but it lacks the resources necessary to investigate every local matter where improper conduct may have occurred,” Pachter wrote. “Ordinarily, local law enforcement authorities have primary responsibility for investigating violations of law within their jurisdictions.”

Pachter goes on to suggest the county contact the office of State Auditor Elaine Howle for assistance.

With the state essentially handing back the investigation into the use of the grant funds to the county, that could mean it next goes to the District Attorney's Office.

District Attorney Jon Hopkins said he would be in attendance at Tuesday's meeting.

Farrington said he has spoken to Hopkins about the issue and is concerned that, based on their preliminary conversations, Hopkins doesn't believe that the potential misuse of public funds is “important enough of an issue for he and his department to allocate the resources necessary to launch a full investigation.”

Sheriff Rod Mitchell promised to assist with any investigation that takes place.

“If the District Attorney's Office will conduct an investigation into the matter my department is absolutely committed to assisting and providing any resources,” including documents, funds for an investigator or anything else he can provide, Mitchell said.

Farrington also received a letter on March 17 from FAA Regional Administrator William Withycombe.

The board had asked the FAA to consider whether or not Garzoli required a commercial pilot certificate while making the flights.

Withycombe wrote that personnel from the FAA's Sacramento Flight Standards District Office and the Western-Pacific Flight Standards Division reviewed the information including officials records and Garzoli's logbooks the county provided.

He said federal regulations don't address source funds for flight training, in this case the DEA grant money.

In addition, the logbook entries appear to have been property made and there was no violation of pilot certificate requirements during the helicopter training, he said.

“In summary, the pilot in question required neither a commercial pilot certificate nor a private pilot certificate during the flight operations in question,” Withycombe explained.

Withycombe said Garzoli's logbook indicates he had either a qualified person on board to act as pilot-in-command or certified flight instructor, and had the appropriate endorsements to act as pilot-in-command when he was flying the aircraft solo.

A frustrated Farrington said he believes the DEA's illegal marijuana eradication program has failed taxpayers.

“And now we have a situation where those very tax dollars have been improperly spent, and no one seems to care,” he said.

“However, I can tell you that I do care, and so do my colleagues on the board,” he added.

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