LOS ANGELES – The Los Angeles County Board of Supervisors directed its attorneys Tuesday to draft a proposed ballot measure that would give the panel power to remove an elected sheriff from office for cause.
The issue will still need to return to the board for final passage before it goes before voters in November. The proposal was passed Tuesday on a 4-1 vote, with Supervisor Kathryn Barger casting the lone dissenting vote.
The motion by Board Chair Holly Mitchell and Supervisor Hilda Solis directed county attorneys to draft the required documents and ordinance to put before voters on Nov. 8 that would allow the board to remove an elected sheriff “for cause” with a four-fifths vote.
Villanueva blasted the proposal as unconstitutional. He sent a letter to the board Monday saying the motion “would allow corrupt board members to intimidate sheriffs from carrying out their official duties to investigate crime.”
“This motion is a recipe for public corruption, particularly when `cause’ remains so broad and undefined,” the sheriff wrote. “Allowing political appointees with an agenda to determine `cause’ is fundamentally flawed.
“… It appears you are making yourselves the judge, jury and executioner for the office of the sheriff, nullifying the will of the voters. This illegal motion seeks to undermine the role of the sheriff and render the office subordinate to the Board of Supervisors. On its face, your proposed ordinance language is not a proper reading of the law and will be challenged on these multiple grounds.”
Villanueva’s re-election campaign issued a statement last week saying the supervisors have “no business” seeking such authority to remove a sheriff.
“The people of Los Angeles would be better served if the supervisors spent their time doing their jobs by reducing homelessness and improving healthcare, instead of trying to seize even more power,” according to a statement from Villanueva’s campaign.
“The sheriff is an elected position, just like the supervisors. Just as the sheriff has no business asking for power to fire the supervisors, the reverse is also true.”
Villanueva’s bid for a second term is headed for a November runoff against former Long Beach police Chief Robert Luna. On Monday, Luna’s campaign announced that all five members of the Board of Supervisors had endorsed him.
Under the motion approved Tuesday, county attorneys were asked to draft a ballot measure that would give the panel power to remove a sheriff “for cause.” Such cause is defined as “a violation of any law related to the performance of their duties as sheriff; flagrant or repeated neglect of duties; a misappropriation of public funds or property; willful falsification of a relevant official statement or document; or obstruction of any investigation into the conduct of the sheriff by the Inspector General, Sheriff Civilian Oversight Commission, or any government agency with jurisdiction to conduct such an investigation.”
Barger said she questioned the motivations of the proposal, calling it politically motivated, and asked why it only targets the sheriff and not other county leadership positions.
Villanueva has repeatedly clashed with the board, accusing members of defunding his agency at the expense of public safety, while also rebuffing subpoenas to appear before the county’s Civilian Oversight Commission.
The motion does not mention Villanueva by name, but states, “The current sheriff has been openly hostile to oversight and transparency and has tested the functionality of existing oversight structures by consistently resisting and obstructing these systems of checks and balances.”
According to the motion, despite efforts to provide oversight of the department, “the board has nevertheless been limited in its ability to serve as a sufficient check against the sheriff’s flagrant disregard of lawful oversight and accountability.”
The Republican National Committee issued a statement Friday blasting the proposal as “another prime example of how Democrats like to change the rules when they don’t get their way.”
“Not only is Sheriff Villanueva an elected official, he’s one of the few who has been willing to stand up to the board for reducing law enforcement funding and effectively endangering the lives of Angelenos,” according to the RNC. “… This decision from the L.A. County Board of Supervisors would attempt to bully the elected sheriff into doing what they want and would be yet another blow to a free and fair democracy, thanks to California Democrats.”
Villanueva is a registered Democrat.
County attorneys will now draft the necessary paperwork to put the issue on the November ballot, then return to the board for a July 26 vote on whether to move forward.
Many callers during public comment were against the proposal which didn’t include removing other County elected officials, which includes the Board of Supervisors, County Assessor and District Attorney.
The former supervisor, who Holly Mitchell succeeded has been named in a federal indictment for activities he was involved with while serving residents in Supervisorial District 2.
Mark Ridley-Thomas is scheduled for trial later this year, but received a favorable court ruling which allows him to fight to be returned to his council seat after being removed soon after being sworn in.
The crux of his argument is the charges in the 21 count indictment didn’t occur while he was a member of the Los Angeles city council and their removal of him violated the will of the voters who elected him. A victory in that case would likely have a boomerang effect in the board’s desire to remove the Sheriff.
The sheriff explained the manners in which he can be removed: election, recall, convene a civil grand jury, or use the authority invested in Attorney General Rob Bontal’s office which the board must believe there isn’t sufficient evidence to remove the sheriff so they will instead rely on public emotion to force him out.
Sheriff Villanueva finished first in the June primary, and the board’s action today indicates they are concerned the public will re-elect him in November.
City New Service contributed to this article