Special Notice / Hearing: None__
Vote Required: Majority
To: Honorable Board of Supervisors
From: John D. Nibbelin, County Attorney
Subject: Adoption of Procedures for Removal of a Sheriff Pursuant to Charter Amendment
RECOMMENDATION:
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Adopt a resolution approving procedures for conducting a removal proceeding pursuant to Section 412.5 of the San Mateo County Charter.
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BACKGROUND:
On March 4, 2025, the County held a Special Election on Countywide Measure A, to amend the San Mateo County Charter to grant the Board of Supervisors authority, until December 31, 2028, to remove an elected sheriff for certain enumerated causes ("Charter Amendment").
The full text of the Charter Amendment is as follows:
412.5. Removal of Elected Sheriff for Cause
a. The Board of Supervisors may remove a Sheriff from office for cause, by a four-fifths vote, after a Sheriff has been:
(1) Served with a written statement of alleged grounds for removal; and
(2) Provided a reasonable opportunity to be heard regarding any explanation or defense.
b. For the purposes of this Section 412.5, "cause" shall mean any of the following:
(1) Violation of any law related to the performance of a Sheriff's duties; or
(2) Flagrant or repeated neglect of a Sheriff's duties as defined by law; or
(3) Misappropriation of public funds or property as defined in California law; or
(4) Willful falsification of a relevant official statement or document; or
(5) Obstruction, as defined in federal, State, or local law applicable to a Sheriff, of any investigation into the conduct of a Sheriff and/or the San Mateo County Sheriff's Office by any government agency (including the County of San Mateo), office, or commission with jurisdiction to conduct such investigation.
c. The Board of Supervisors may provide for procedures by which a removal proceeding pursuant to this Section 412.5 shall be conducted.
d. This Section 412.5 shall not be applied to interfere with the ...
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