By Vanguard Staff
SONOMA COUNTY, CA – An amicus brief filed by the California Coalition for Sheriff Oversight (CCSO), the Law Enforcement Action Partnership (LEAP), and the American Civil Liberties Union of Northern California (ACLU NorCal) has been accepted in the appeal of a 2024 Sonoma County Superior Court ruling that undermined civilian oversight of local law enforcement.
Sonoma County voters approved Measure P in November 2020, granting the Independent Office of Law Enforcement Review and Oversight (IOLERO) subpoena power and the authority to investigate whistleblower complaints related to law enforcement misconduct. That same year, the California Legislature enacted Assembly Bill 1185, which mandated independent subpoena power for civilian sheriff oversight bodies statewide.
The Sonoma County Superior Court ruling invalidated IOLERO’s subpoena and investigatory powers, a decision that IOLERO promptly appealed to the California Court of Appeal, First District. The newly-filed amicus brief argues the Superior Court’s decision was legally flawed.
“This brief echoes the conclusions of our local elected officials in counties throughout Northern California and our state legislature in passing AB 1185 that independent subpoena power is necessary for effective civilian oversight of sheriffs departments,” said Allyssa Victory, Senior Staff Attorney for the ACLU of Northern California. “The explicit creation of civilian sheriff oversight entities under state law and county authority cannot be overridden by local contracts.”
The coalition’s brief contends that the court’s interpretation of state law and local labor agreements threatens sheriff oversight bodies statewide. It characterizes the ruling as a direct contradiction of the legislative intent behind AB 1185 and the local mandate for independent oversight expressed through Measure P.
The filing also details a longstanding history of excessive force and lack of accountability in Sonoma County that led to the creation of IOLERO, citing the systemic barriers that have hindered its effectiveness. The groups emphasized that civilian oversight bodies need subpoena power to function effectively and ensure transparency in law enforcement.
“State law mandates independent subpoena power for civilian sheriff oversight agencies without exception and without additional procedural or written requirements,” said CCSO member and founding IOLERO Director Jerry Threet.
He added, “State and county authorities are not superseded and limited by a labor contract that was intended to implement the laws at issue. The Superior Court’s ruling significantly overstepped the letter of the law and erred in its application. Sonoma County has already been delayed for five years in implementing IOLERO with powers expanded under Measure P. If not vacated, the Superior Court’s decision creates greater barriers and delays to effective law enforcement oversight and accountability.”
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