Backlog Of Reviews Cleared By Oversight Agency For Sonoma Sheriff

SONOMA COUNTY, CA — A Sonoma County law enforcement review office has cleared a years-long backlog of reviews of complaints against the Sheriff's Office and is prepared to start giving annual reports to the Board of Supervisors.

The Independent Office of Law Enforcement Review and Outreach, known as IOLERO, was strengthened by voters in the county in 2020 with the passage of Measure P, which gave the review board additional authority to review complaints against the Sheriff's Office that are first investigated by the Sheriff's Office itself.

IOLERO is supposed to provide annual reports in accordance with Measure P, but high turnover at the office and a backlog of cases dating back as far as 2017 left the agency behind in its oversight duties.

During the previous fiscal year, which begins each July, IOLERO had multiple directors leave and did not maintain staffing levels set by Measure P, according to IOLERO director John Alden, who praised his team for the progress it made despite the turnover.

"Those who served at IOLERO during this time deserve credit for taking on tough challenges with limited resources. They cleared a significant backlog of cases, closing more cases in the 8-month period reported here than were reported out in any prior report," Alden wrote in the report's conclusion.

The report, presented to the Board of Supervisors during its regular meeting last week, reviewed 36 complaints against the Sheriff's Office from November 2021 through June 2022. In total, the initial review by the Sheriff's Office found that four of those complaints were "sustained," meaning a violation was found — a rate of 8.3 percent.

The Sheriff's Office found 25 of the complaints "exonerated" the sheriff's employee and were without merit. IOLERO agreed with such conclusions on 11 of those complaints.

Another seven complaints were deemed "unfounded," which is a finding that occurs when there is evidence that the complaint was not true, like if a complaint is lodged against the Sheriff's Office for the conduct of another law enforcement agency. IOLERO agreed with just two of those conclusions.

One of the biggest problems highlighted about the Sheriff Office's internal affairs investigations is that they are often incomplete. This was a finding in 19 of 36 complaints, even some that IOLERO agreed with.

For example, in some cases part of the complaint was investigated and found without merit, but other aspects of the complaint were not fully investigated, according to IOLERO's review.

Five complaints were related to medical or mental health treatment, and IOLERO investigators repeatedly noted the inadequate performance of the county's health care provider Wellpath.

In one review, IOLERO found "the lack of medical notes regarding the complainant's injuries disturbing. Accurate and complete records of the complainant's injuries, if any, would have been helpful to the investigation. IOLERO recognizes that the problem lies with the jail's medical provider, Wellpath, over whom SCSO has limited jurisdiction, but recommended that some provision be made for investigating whether Wellpath has done its job properly."

IOLERO made several recommendations when it found investigations incomplete or when it disagreed with the Sheriff's Office findings. One of those disagreements came in one of the complaints that was "sustained." The complaint resulted in a deputy being disciplined rather than fired when an initial review found he had violated policy for using excessive force, which included holding his gun in one hand, a Taser stun gun in the other, and a flashlight under his armpit as he confronted a person who had called deputies to the scene of a fight between two other people.

One complaint involved a review of a shooting of a man who had threatened to kill himself. The review determined that a deputy was justified in shooting the man, who did not die, but the investigation afterward should not have been conducted by the Sheriff's Office.

"Do not have Sheriff's personnel conduct criminal investigations in deputy-involved shootings. In order to avoid conflicts of interest (real or perceived) and to minimize bias, IOLERO recommends having other law enforcement agencies conduct the criminal investigation," IOLERO wrote.

Some of the complaints involved actions that IOLERO deemed did not violate policy at the time, but would be violations after policy changes by the Sheriff's Office and those implemented by Measure P. In one case, a deputy threatened to confiscate a smartphone from someone as they attempted to film another deputy making an arrest. While permissible in 2018, such threats would no longer be allowed.

Sheriff-Coroner Eddie Engram, who was elected last year, said in a written response to the report and in an appearance with Alden at the Board of Supervisors meeting on March 21 that several policy changes have been enacted since the years covered in the report, and said he wanted to work toward greater transparency with IOLERO.

Regarding the incomplete investigations, Engram wrote, "The Sheriff's Office and Director Alden are working together to achieve greater consistency and a more objective view of whether a case is complete or incomplete. The goal is to develop an objective list of criteria that both IOLERO and the Sheriff's Office agree would be the minimum needed for an investigation to be considered complete."

Going forward, IOLERO said it can complete reviews within weeks of being given the initial report from the Sheriff's Office now that the backlog is clear. The office will be focused on building out programs enacted through Measure P, gaining full staff levels and renegotiating the letter of agreement that gives the office authority to conduct its work.

IOLERO was created in the aftermath of the shooting death of 13-year-old Andy Lopez in 2013 by a sheriff's deputy who did not face any criminal charges despite public outcry. The county later settled a wrongful death lawsuit for $3 million.

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