LAKEPORT, Calif. – The former sheriff's lawsuit against the Board of Supervisors over legal fees in his dispute with the district attorney has been settled.
On Jan. 27, the Board of Supervisors emerged from closed session to vote to accept a negotiated settlement with Frank Rivero regarding the fees to hire him outside counsel, according to County Administrative Officer Matt Perry.
The vote was 3-1, with Rob Brown voting no and Jim Steele recusing himself from the discussion, according to the meeting minutes.
Supervisor Jeff Smith moved to approve the settlement, and was joined in voting yes by colleagues Jim Comstock and Anthony Farrington.
Perry said the total settlement amount to be paid to the Jones and Mayer law firm is $75,000.
On Tuesday, County Counsel Anita Grant received a notice from Rivero's attorney, Paul Coble, that the case had been settled unconditionally.
She said the billing for Rivero's legal fees from Jones and Mayer totaled $87,684.63, more than $12,000 above the figure the board approved.
“Jones and Mayer agreed to a reduced amount,” she said.
Citing state law, in 2012 Rivero requested that the board hired him an outside attorney – due to a conflict of interest for the County Counsel's Office – in his legal issues with District Attorney Don Anderson over an investigation into allegations that Rivero had lied during a 2008 shooting investigation.
Government Code Section 31000.6 requires the Board of Supervisors hire outside legal counsel for the assessor or sheriff to assist “in the performance of his or her duties in any case where the county counsel or the district attorney would have a conflict of interest in representing the assessor or the sheriff.”
The Board of Supervisors had favored Grant using an “ethical wall” – a process for limiting disclosure in the office in order to avoid a conflict – in her office rather than hiring an outside attorney.
However, in 2012 visiting Mendocino County Judge Richard Henderson ordered the Board of Supervisors to hire the outside counsel for Rivero because of the conflict.
In February 2013 Anderson placed Rivero on the “Brady list,” after determining that he had lied about shooting at an unarmed man.
“Brady” refers to the 1963 US Supreme Court decision, Brady v. Maryland, which requires the prosecution to release to criminal defendants any potentially exculpatory evidence, including information about the credibility of peace officers involved in their cases.
Following his placement on the Brady list, Rivero was unsuccessful in his legal attempts to prevent Anderson from releasing the information as he's legally required to do.
In March 2013, the board sought clarification from Henderson about the limits of its requirement to provide Rivero legal counsel.
That May, Henderson clarified his ruling, explaining that he hadn't meant for the county to continue to pay for Rivero's legal fees past the Brady determination.
In July 2013, Rivero appealed the case to the First Appellate District, which in December overturned Henderson's ruling, finding that Rivero was entitled to a more extended period of legal representation in the matter. That decision, initially unpublished, later was published at Rivero's request.
The appellate court then sent the matter back to the trial court, ordering that a “new and different judgment” be entered regarding Rivero's right to the outside legal representation.
The matter had been set for a case management conference on Friday afternoon. Grant said she is not sure if it will remain on the calendar; however, even if it does, it will have no bearing on the case settlement.
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Board of Supervisors, former sheriff reach final settlement on legal fees case
- Elizabeth Larson
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