LAKEPORT, Calif. – At the end of a nearly three-hour session before a packed gallery, the Board of Supervisors voted unanimously that its members had no confidence in the county's sheriff, and they were seeking his resignation.
While the session over the proposal regarding Sheriff Frank Rivero illustrated the deep divisions that he still engenders in the community – both those for and against him spoke to the board on the matter – the board itself was united.
And while the vote won't remove Rivero from office, Supervisor Denise Rushing said it showed the board's lack of confidence in Rivero's leadership.
She also pointed out, “I think this county is in deep need of healing.”
Supervisors Anthony Farrington and Rob Brown asked the board to take the action, citing a litany of issues, from conflicts with the deputy and correctional officers' associations, wrongful employee terminations, the blacklisting of Lake County News, lack of communication, lawsuits, disagreements about a proposed Clearlake Oaks substation, the sheriff's poor treatment of his staff and other county employees, and, most recently, the District Attorney's Office's conclusion that Rivero lied about a 2008 nonfatal shooting, leading to him being placed on a list of officers with credibility issues.
Between lawsuits and staff time needed to address the issues with Rivero, Farrington estimated about $250,000 in taxpayer funds had been spent.
Rivero, who had been served with a notice of recall by a community group shortly before the discussion began, called the hearing “illegitimate and a sham,” before launching into a lengthy statement that included accusations of corruption by the board and a broad spectrum of county officials.
He said he had been exonerated of any wrongdoing following the 2008 shooting. “I will fight this fight until I'm cleared again and vindicated.”
Rivero, who insisted that all of his statements were factual, would be corrected numerous times throughout the discussion by board members and other officials who pointed out inaccurate statements.
He accused Farrington of trying to get District Attorney Don Anderson to prosecute his stepbrother on a criminal matter. Farrington pointed out that his stepbrother was dead and his stepfather pleaded guilty to forging documents. “Get your facts straight.”
Rivero accused Brown of controlling the sheriff's office under former Sheriff Rod Mitchell, and alleged that Brown used his friendship with Anderson to get the district attorney not to prosecute him for an incident last year in which Rivero said Brown “beat” a man.
Brown said he punched the man in self defense after the man took hold of his arm. Anderson referred the matter to the California Attorney General's Office due to Brown being on the board. That agency referred it back to Anderson, who reviewed it along with Mendocino County District Attorney David Eyster, and concluded there was insufficient evidence of an assault to proceed.
Rivero accused Brown of showing around a picture of a potential suspect in the January Forrest Seagrave armed robbery and murder to people around the county. He also claimed Brown had done illegal grading on his property – Brown said the tractor Rivero focused on had a dead battery since last summer – and suggested that Brown was involved with a marijuana grow that he had reported on his property several years ago.
That nearly 5,000-plant grow was attributed to Mexican cartel growers. Brown reminded Rivero that he had invited him to come out and investigate it and that Rivero had said no, determining the matter concluded.
Rivero said his deputies have arrested members of Anderson's family, accusing the district attorney of blocking those prosecutions.
“I fled my country, I fled Cuba because of this type of activity,” said Rivero, who has said he came to the United States when he was a youth with his family.
Rivero also blamed Anderson for a plea agreement reached in 2011 with a former deputy sheriff accused of having sex with a teenager, a deal a judge later turned down.
The case of Derik Navarro, however, has been handled by the California Attorney General's Office since Anderson took office at the start of 2011 because Anderson had once represented Navarro in an administrative matter.
Rivero said that after he was elected he had to decide if he would be corrupted or deal with the kind of issues he was having with the board. “That decision was easy. Extraordinarily easy.”
Rivero added, “I will not resign. I'm elected by the people.”
He considered the no confidence vote a foregone conclusion.
“In my opinion a vote of no confidence by this board today amounts to a resounding vote of confidence by the people of the county,” Rivero said.
Rivero also accused the board of micromanaging him, specifically monetarily. Board Chair Jeff Smith explained that overseeing the budget was the board's responsibility. The two men disagreed over whether the county could afford to buy a Clearlake Oaks substation location while also providing a match for a much-needed jail expansion.
At one point Rivero told the board he appreciated the matter being placed on the agenda, stating that it “hopefully opened the door for a new Lake County.”
Farrington reminded Rivero that he had supported his candidacy, that he was with him on election night and that he had wanted Rivero to succeed.
He told Rivero that “I've never been this embarrassed” for the county where his family has lived for 160 years.
“Your corruption allegations don’t hold any water and they don’t stick,” Farrington told Rivero.
In response to Rivero's question early in the meeting to the board about what had changed and why it was deciding to take action against him, Brown said, “The Brady has changed everything. He added, “That's a serious, very serious allegation and you know darn good and well it's done, it's over with.”
Brown, referring to comments Rivero made earlier in the meeting about his investigators identifying a suspect in a series of bank robberies, said, “You have an incredible staff in spite of your efforts.”
After the 2010 election, Brown said he had reached out to Rivero to mend fences. He said Rivero agreed, then quickly went on the attack.
“We are tired of dealing with your issues, and I think the county is, too,” Brown said.
Community divided
In all, the board heard from nearly 30 people – both officials and community members. Just over half on behalf of Rivero, a few made statements that could be construed as neutral and the rest spoke against the sheriff or addressed incorrect statements he had made,
Chief Deputy District Attorney Richard Hinchcliff said he wanted to address Rivero's false statements about the District Attorney's Office, including pointing out that the Attorney General's Office handled the Navarro case and those involving Anderson's family.
Clearlake Oaks resident Jim Steele, whose wife Olga was the campaign manager for both Rivero and Anderson, told the board he was disappointed in them and believed it wasn't their place to take such a vote.
Rob Howe, now the county's chief probation officer, worked for the sheriff's office for 20 years and was a captain when Rivero took over as sheriff.
He said he gave Rivero every opportunity to succeed, but continuing to work for him would have required Howe to leave everything he'd ever learned about leadership, management and integrity. He said five of the six command level staff who had worked for the agency at the time have since left or retired.
“The price to stay there was too high,” Howe said.
Brian Martin, who had been a lieutenant with the sheriff's office and now also works for the Probation Department, said he left for the same reasons as Howe.
Martin said the public needed to understand that the Brady issue “is extremely important.”
Law enforcement is entrusted with powers including taking peoples' liberties and, sometimes, their lives, Martin said. “If you have a person you can't trust and believe 100 percent of the time, you have a big problem.”
Sandy Bayles, a longtime Rivero supporter from Hidden Valley Lake, said until the county had spent millions in lawsuits as she alleged it had under the previous sheriff, she was content to let Rivero decide what he wants to do.
Joey Luiz, who was elected to the Clearlake City Council at the same time as Rivero was elected sheriff, recalled campaigning alongside Rivero, who he supported.
“The man I've seen him become in this office is definitely not the man I supported in the campaign,” said Luiz.
Luiz encouraged the board to make a statement. “This has gone too far,” he said, turning to tell Rivero that he had disappointed a lot of people. He said he hoped Rivero would step down.
Anderson also spoke, something he said he didn't plan to do originally but changed his mind after hearing his family, employees and friends attacked.
He said if a crime comes to him he will deal with it in a fair and efficient manner, which is how he handled the Brady issue, which was, he said, “the last thing I ever wanted to do.”
While Rivero had earlier claimed he had been cleared in the original investigation, Anderson stated that investigators “reported back in 2008 that there was discrepancies in your testimony. This is not a new thing.”
When a deputy brought him new information about the 2008 shooting, Anderson said he could have hidden his head and did what Rivero claimed everyone else was doing. Instead, he launched the investigation.
“On a personal note, I did not want to do this,” said Anderson, adding it had caused him nothing but heartache and political embarrassment.
However, he said he was voted in to do a job. “By God, I will do that job the fairest, best way I can.”
Lakeport resident Debbe Blake said both Brown and Rivero needed to pay for an outside mediator to help them resolve their issues.
“Please, guys, settle your issues and get on with business,” Blake said.
Retired Clearlake Police Chief Bob Chalk said most of Rivero's allegations were smoke and mirrors that had been rebutted. He said it was a sad day for law enforcement and Lake County.
“He is an embarrassment to Lake County,” and it's in the county's best interests that Rivero step down, Chalk said.
Rivero's issues go far beyond the Brady matter, according to Chalk, who said Rivero has ruined relationships with law enforcement agencies in Lake County and beyond, and endangered lives by his callous, ego-driven decisions.
Glenhaven resident Wendy White accused Brown of character assassination and said the Brady matter should be handled in court. She suggested no confidence votes should be taken on the board and Anderson.
Jeri Spittler, Clearlake's mayor, accused Brown of lying during the meeting and, like White, said the matter should be handled in a courtroom. She said if people don't like what Rivero is doing, they'll do a recall.
Needing healing
Rushing said a majority of the board – including her – and the county residents had supported Rivero when he took office.
She said managing large numbers of people requires collaboration, and reaching out to those who don't agree with you.
The elephant in the room, said Rushing, was the “contentious, rancorous, poisonous” campaign from 2010, which created the circumstances before the board, “because the healing hasn't happened.”
While she said she liked Rivero, Rushing said the required skills to move forward were not confrontation and accusation, but working to find middle ground.
“I'm going to vote my heart on this one,” she said, asking herself aloud if she had confidence in Rivero. “If I'm really honest with myself, I really don't.”
Supervisor Jim Comstock said the situation with Rivero has deteriorated since he took office. He also considered the Brady matter “enormously serious.”
“I have to support this vote of no confidence. It is not taken lightly,” Comstock said.
Smith said he's always tried to give people a chance to do the jobs they're elected to do, and he took that same wait and see approach with Rivero.
“I have never seen the division in this county that we have today,” said Smith, adding, “To me, it's not the way we need to run business here.”
Smith said he supported the no confidence vote, with the negotiations over the Clearlake Oaks substation pushing him over the edge, as it was Rivero's way or no way. “We have to compromise in life every day.”
Brown said he felt strongly about the action. “It is the right thing to do for this board to act in order to send the public a message that we do care,” he said.
He said he felt very strongly about the county where five generations of his family have lived. “If you think that this is a personal vendetta, I’ve got news for you.”
Brown offered to step down himself immediately if Rivero resigned by 5 p.m. Tuesday, with a further condition that there be no more litigation paid for by county taxpayers. He then moved to approve the no confidence vote and request for Rivero's resignation, which the board approved 5-0.
Later that afternoon, the board sent a letter to Rivero – signed by each supervisor – requesting his resignation. But by Brown's 5 p.m. deadline, no resignation had come from Rivero.
Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.