Police Team Report, MVFREE May 2023 Newsletter
Supervisors to Consider
Historic Sheriff Oversight Proposal
By Tammy Edmonson
Join us at the Hearing:
June 13, 2023, Time TBA
Board of Supervisors Chambers
Marin Civic Center Room 330
Background: AB 1185 was one of several California laws passed in the wake of George Floyd’s murder aimed at overcoming the widespread practice and devastating consequences of racial profiling by police. This statute empowers boards of supervisors to establish independent oversight of their county sheriff’s offices. As the Bill’s author explained,
Honest oversight of law enforcement is absolutely necessary if we want to rebuild trust between officers and the communities they serve. AB 1185 will make it clear that Sheriff Oversight Boards have the authority to properly review the actions of Sheriffs, provide transparency to citizens and create opportunities for real change.
AB 1185, McCarty, Assembly Floor Analysis (8-29-20).
Like many law enforcement agencies across the state, the Marin County Sheriff’s Office (MCSO) has a well-documented record of racially inequitable law enforcement and anti-immigrant practices—precisely the concerns AB 1185 oversight is meant to address. Just one year ago, lawsuit brought by the ACLU forced the MCSO to stop assisting Immigrations and Customs Enforcement (ICE) in violation of state laws. ACLU News (June 1, 2022). That same summer, the Marin County Grand Jury issued a report, Sheriff Oversight: The Time is Now, summarizing some of the MCSO’s troubled history with Marin’s communities of color and called upon our Board of Supervisors to establish meaningful Sheriff’s oversight in accordance with AB 1185.
Planning Process: The Board of Supervisors acknowledged the need for effective Sheriff oversight and, in September of 2022, launched a process to research and develop a program of oversight under AB 1185 suited to Marin County’s needs. The process engaged a 15-member Working Group, led by an expert from the National Association of Civilian Oversight of Law Enforcement (NACOLE). Over the next seven months, the group conducted a thorough review of oversight models and effective practices and undertook extensive community outreach to identify Marin residents’ needs and concerns. The outreach included a dozen facilitated public forums throughout the county and a widely circulated survey.
The Working Group’s Proposal: In April of 2023, the Working Group submitted a detailed Proposal for Civilian Oversight to the Board of Supervisors reflecting its months of careful research and considerable public input. The proposal recommends a hybrid oversight structure with a Civilian Oversight Commission (COC) and an Inspector General (IG). The proposal would give the Sheriff primary investigative authority over civilian complaints but would allow the COC and IG to launch an independent investigation using a private contractor when they deem the Sheriff’s investigation to be deficient. The Working Group appears to have weighed competing concerns, including cost, in selecting this model which carries an estimated cost of $708,600. An investigative oversight model—in which the COC holds primary investigative authority and has its own staff of investigators—can provide more robust and independent oversight but would have substantially increased the cost to the County.
MVFREE Recommendations: The MVFREE Police Team supports the Working Group’s proposal subject to some clarifications and revisions that we believe are necessary to ensure that the COC and IG have the resources and authority they need to ensure their effectiveness. You can read our full recommendations in this MVFREE Letter to the Board. In brief, we are calling on the Board of Supervisors to—
Join MVFREE at the June 13 BOS hearing, in person or by zoom, and let the Board know you support meaningful, independent Sheriff’s oversight.