Public Comment Noticing Alameda County Public Servants

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Dear Mr. Ting, The Alameda County Committee or Restoration is a Civics focused, ad hoc assembly of people in Alameda County. We seek to restore Constitutional compliance in the county and that includes through education and noting of areas where there are inaccuracies in the way governance is portrayed and enforced. We are writing today to inform you of inaccuracies in a recent article you wrote and published in the San Francisco Chronicle. 

In your article - https://www.sfgate.com/coronavirus/article/Alameda-supervisor-trashes-mask-mandate-17222247.php you state, "Elected officials currently have no mechanism for overriding the decisions of public health officers short of voting to remove them from office. As long as a health-related emergency declaration remains in place at the state or local level, the health officer has broad powers to implement any COVID-19 restriction they deem necessary." 

This is incorrect. The Health Officer is on the bottom of the order of authority, below the elected representative of Alameda County Constituents. He or She is a special government employee of the county and ultimately of the people and is appointed by the County Board of Supervisors. He or she swears and signs an Oath of Allegiance and can be immediately censured and recalled by the Board. If need be the Public can step in and correct the situation. 

What you state in effect concludes that the Public no longer has representative government and that we are at the whim of our employee who is acting outside of their contract and job Description. The Alameda County Health Department and its Officers has overstepped the authority of department from the beginning of this situation and Moss, Erica Pan and others can be held liable for the harms and damages they have brought to the Public. Harms which are numerous in nature. All one has to do is look at the escalating county budget provisions to deal with mental health and homelessness to know that the last 2 years have created a fiasco in Alameda County.

Unfortunately the lack of civic education in the public leads to these types of  statements which are mere beliefs and not fact and they unfortunately increase the level of ignorance in the collective mindset. Surely this is not your intention, but you can see the inherent and grave danger to the proper role and function of government these types of unchecked and incorrect assertions can create. The sun did not set in 2019 only to rise in 2020 to protections from government overreach and intrusion stripped and one-person rule created to control Public behavior.

Of specific note, is a term you used in the article to to describe Berkeley as having its own "health jurisdiction." There is no such thing. "Health jurisdiction" is a false construct and one that should not be perpetuated by any responsible journalist who is supposed to be an unbiased members of the Free Press. The only jurisdiction and law that exists and applies to the People is that of the Constitutions of the United States and California. Statutes and Codes apply to Corporations, those in regulated activities and government employees and agencies. Read the California Vehicle Code from the top down if you want proof of that. No Constitution died and made the the County Health Officer Judge, Jury and Executor of the the law. Due Process rights are enumerated and enforced in a number of ways and elected Public Servants and Special Government Employees have sworn an oath and have the duty to make sure that none of their subordinates - and County Health Officers are subordinate - violate these Due Process Rights.  

Further, no "order" or "directive" can be called law and nothing done by the Health Officer can override the positive guarantees of the Constitution. As stated in their own manual the Health Officer Practice Guide for Communicable Disease Control in California, which says: “The Health Officer’s authority is limited by the United States and California Constitutions, which protect individuals from excessive government intrusion."  

And in case you needed more proof of that, the Federal Courts have affirmed that no agency can step outside of its role and dictate anything to the public. This includes a Florida District Court decision made on April 18, 2022 which declared the “MASK MANDATE” UNLAWFUL.  And it VACATED the “Mask Mandate” with “universal relief”.  The official order reads, “[t]he CDC issued the ‘Mask Mandate’. But the Mandate exceeded the CDC's statutory authority, … Because “our system does not permit agencies to act unlawfully even in pursuit of desirable ends, ” id., the Court declares unlawful and vacates the ‘Mask Mandate’. “There seems to be no adequate assurances that the government can provide that its agents or an unwitting “enforcer” will not violate this Court's order and deprive Plaintiffs of their relief. Thus, complete vacatur-in addition to being the “ordinary APA remedy,” Health Freedom Def. Fund v. Biden, 8:21-cv-1693-KKM-AEP, at *57 (M.D. Fla. Apr. 18, 2022). 

The best way forward is for you to correct your article with these facts as we will be sending letters to the editor to correct the record as well. 

Thank you 

Comments at the Listening Campaign for the Committee to create a Sheriff's Oversight Committee: 

I WOULD LIKE TO EXPRESS A STRONG OBJECTION TO THE FORMATION OF THIS COMMITTEE AND SAY THAT…Through this committee the State Legislature and the Board of Supervisors will attempt to usurp the authority of the Office of the Sheriff. The constituents of Alameda County are being asked to agree to something that is against our best interests. Yes, accountability is of utmost importance, but what is needed is accountability for ALL Public Offices equally and according to the law. Not just certain Offices. The County Board of Supervisors is equally responsible for the conditions in the Jail and oversight should be holistically applied to their Offices and across the board to Judges, Courts, Attorneys, Municipal Police and California Highway Patrol. AB1185 and an Oversight Committee will interfere with the function of the Office of the Sheriff, Its contract with the people and paralyze the only Law Enforcement body that is accountable directly to the Public. We elect the Sheriff. Police Chiefs and California Highway Patrol Commissioners are appointed, and they do not balance our unalienable rights with their policy enforcement duties, and this has led to profiling, unlawful arrests, obstruction of due process, minimum sentencing laws and malicious prosecution and worse, the murdering of our sons and daughters. This has forced the Public to seek remedy through lofty Federal District Courts, long drawn-out litigation, technically difficult and expensive lawsuits. The Office of the Sheriff maintains our DIRECT ACCESS to Law Enforcement on a local level. This State Legislature’s Bill is unlawful and illegal, and it will restrict our access to our local government and consolidate it in the hands of appointed, quasi-employees who would have subpoena power, who would be unbonded against crimes and do not have to swear an oath to protect the Public’s Rights. Be it known; the Master Crime policy of the County would not cover any of these potential criminal acts of this proposed Sheriff’s oversight committee. (end)

I WOULD LIKE TO EXPRESS A STRONG OBJECTION TO THE FORMATION OF THIS COMMITTEE AND SAY THAT…Through this committee the State Legislature and the Board of Supervisors will attempt to usurp the authority of the Office of the Sheriff.  At minimum it is dysfunctional for the Board of Supervisors to begin to implement this process. As the Legislative Branch of the County, the Board should recognize and know that the State’s Legislature lacks the authority to write legislation such as this and ask for the construction of this type of body. It is simply out of order for Board of Supervisors to construct and appoint people to this type of committee. It in effect creates an unaccountable extension of themselves and has great potential for abuse. The California State Assembly Bill will restrict the Public’s access to our local government Office and consolidate it in the hands of appointed, quasi-employees who are paid by stipend, but would also have subpoena power, who would be unbonded against crimes and do not have to swear an oath to protect the Public’s Rights. The Master Crime Insurance Policy of the County does not cover these quasi-employees. Therefore, therefore is no real accountability from a committee who would be set up to ensure accountability. AB1185 overreaches and upsets the Checks and Balances that are constructed to defend and limit the abuse of power of government. The intention to limit State power is good, but it cannot be achieved by increasing state power, which has proved itself to be abusive. We as county constituents have more in common than we realize, we all value human rights and want accountable law enforcement. It is tantamount to understand that the official role of the Office of the Sheriff is to protect the very things that we all value and that the Office is our only mechanism to enforce punishments for other public offices that are breaking the law. It is our responsibility to hold the Sheriff to account DIRECTLY. And it is our responsibility to know how to do that rather than rely on government to police itself. (end)

i WOULD LIKE TO EXPRESS A STRONG OBJECTION TO THE FORMATION OF THIS COMMITTEE AND SAY THAT…Through this committee the State Legislature and the Board of Supervisors will attempt to usurp the authority of the Office of the Sheriff.  The Public understandably wants the abuses from law enforcement to stop, But there is far more to the criminal justice system than just the Office of the Sheriff. The harm to the Public begins with the very laws that put citizens in jail for victimless crimes. Many of the bills passed are never run through any judicial review test to establish Constitutionality. The Municipal Police forces, BART police and California Highway Patrol enforce these thousands upon thousands of codes and statutes that lead to arrests and court processes. Defense attorneys immediately waive the rights of their clients in the courts and fail to properly defend their clients as their allegiance is primarily to the court. The Judges and the courts often impose onerous fines and minimum sentencing laws, they conduct malicious prosecutions that can and do incur steep fines or worse, funnel the People of Alameda into the County Jail which harms and damages these people, physically and financially and sometimes irreparably. Further, the City police and the California Highway Patrol are unelected and unaccountable. If anything, a committee should be pointed directly at the Superior Court of Alameda County... The municipal police departments and the California Highway Patrol both need to have DIRECT DEFUNDING EFFORTS pointed at THEM. They should be removed from the corporate cities and put under the purview of the ELECTED, OATH SWORN AND BONDED OFFICE OF THE SHERIFF which is the Executive Branch of the County and where the responsibility of Conservator of the Peace and Chief Law Enforcement Officer resides and has resided for centuries. (end)

I WOULD LIKE TO EXPRESS A STRONG OBJECTION TO THE FORMATION OF THIS COMMITTEE AND SAY THAT…Through this committee the State Legislature and the Board of Supervisors will attempt to usurp the authority of the Office of the Sheriff, specifically: AB1185 is an overreach of the State and County’s Legislative branch into the Executive branch of the County and would be destructive to our system of checks and balances. This “Oversight Committee” interferes and attempts to trespass on the People’s direct contract with the Sheriff elect and the Oath of Office he gives to protect our Right to life, liberty and property. The office of the Sheriff is required to perform Common Law duties, Constitutional law duties, and it is also commissioned by the Governor to execute defacto statutes and codes, but primarily with a requirement that he first and foremost protect the guaranteed rights of the people. The Sheriff is wholly independent of the California Legislature and the County Board of Supervisors, and the Alameda County Board of Supervisors has the duty to refuse to enforce or enact any Bills that are not true legislation and that are in violation of the due process rights of the Public. The Board of Supervisors is reminded that individuals in violation of the actual law or their sworn Oath of office can be held personally liable and qualified immunity can be withdrawn. (end)

I WOULD LIKE TO EXPRESS A STRONG OBJECTION TO THE FORMATION OF THIS COMMITTEE AND SAY THAT…Through this committee the State Legislature and the Board of Supervisors will attempt to usurp the authority of the Office of the Sheriff.  If the people of Alameda County want their rights to be protected and upheld, It is important that they recognize and support the Sheriff’s independence in the performance of his/her Common Law duties, including (but not limited to) his/her duty to protect the people’s rights and their life, liberty and property. The people do not acquiesce to the Board of Supervisors and the State Legislature interfering with the Alameda County Sheriff’s performance of his/her duties. The People recognize the role of the Sheriff in County governance, and we do not consent to Board of Supervisors capturing the authority of the Office of the Sheriff. This attempt from the State and County Board of Supervisors is paramount to an act of war on the People, yet, it is no surprise. The following portentous statement is as true today as it was when written in 18th Century: “Because it is in the nature of unrestrained government servants to seize more and more power and control over the People, this is precisely why we need a true Lawman who takes pride in the knowledge of the Law. The office of the Sheriff is not to blindly enforce codes, rules and statutes but to enforce the Law and constitutional statutes that prevent lawless servants from injuring the People.” - Thomas Jefferson (end)

I WOULD LIKE TO EXPRESS A STRONG OBJECTION TO THE FORMATION OF THIS COMMITTEE AND SAY THAT…Through this committee the State Legislature and the Board of Supervisors will attempt to usurp the authority of the Office of the Sheriff.  I now read an excerpt from the 1960 text of the document entitled “Sheriff’s Manual” By EVERETT M. KING, Coroner of Alameda County, California: “The sheriff is required to protect the person, property, health, and morals of every citizen in the county, and these rights and possessions must not only be protected, they must be made continuously safe. The sheriff shares his responsibilities with both state and local officers who operate within his county, but this does not, in any degree, remove overall responsibility from him. The sheriff, almost universally, is empowered to correct any unlawful situation in his county whether it occurs in a municipality or in an unincorporated area. Any condition detrimental to the public welfare in a local municipality may not be overlooked. The problem is not the exclusive responsibility of the municipality concerned. The sheriff must correct these conditions, even if it causes antagonism and resistance by city officers.”

CHAPTER FOUR of the same manual list the POWERS, DUTIES AND RESPONSIBILITIES OF THE SHERIFF as follows:

o the power to preserve the peace without interference 

o absolute powers in times of emergency

o powers not subject to the direction of others within his jurisdiction

o all of the common-law powers and duties

o It is the duty of a sheriff to preserve the peace, enforce all laws, and arrest and commit all violators of the law.

o It is the duty of the sheriff carry out mandates and execute all processes given him, and to preserve the peace and tranquility of the court.

o He is bound to respond to, follow out, and enforce all orders and directives of the court.

o As principal guardian of the peace within the county, he must suppress vice, crime, and other evil conditions.

o The sheriff sometimes directs a civil defense establishment, a rehabilitation center, a clinic, or a juvenile bureau to fulfill specialized requirements.

o The sheriff and his staff are the first to be involved in case of war, flood, explosion, or any disaster occurring in his jurisdiction. In his capacity as chief law enforcement officer, it is 

o his duty to take command in any dangerous situation.

o The responsibilities of the sheriff are, in many instances, governed by the official himself...In case of unusual danger, the exercise of the sheriff's discretion is unlimited.” (end)

I WOULD LIKE TO EXPRESS A STRONG OBJECTION TO THE FORMATION OF THIS COMMITTEE AND SAY THAT…Through this committee the State Legislature and the Board of Supervisors will attempt to usurp the authority of the Office of the Sheriff so I would like to suggest the following be done if it is not being done already to address the public’s outcry about conditions at the Jail: 

1. Each Supervisor personally walk the jail twice a year at least

2. The Office of each Supervisor should audit the systems and procedures of the jail and talk with inmates which are your constituents too. 

3. Evaluate and nullify laws that harm the public such as those that violate their due process rights or that imprison them for victimless crimes. 

4. Refrain from passing ordinances that do not meet Constitutional testing.

5. Upon admission to the jail, create a system that identify inmates that have mental health issues and provide the Office of the Sheriff with real resources that can truly rehabilitate 

6. members of the Pubic who are vulnerable, who find themselves in troubling situations and may have hit rock bottom. If a person is suicidal, can the Office of the Sheriff truly address that?

7. Each Member of the Board of Supervisors needs to take direct and professional 

8. responsibility for conditions in the County’s jail and create a partnership with the Sheriff rather create a system that will destroy checks and balances. (end)

I WOULD LIKE TO EXPRESS A STRONG OBJECTION TO THE FORMATION OF THIS COMMITTEE AND SAY THAT…Through this committee the State Legislature and the Board of Supervisors will attempt to usurp the authority of the Office of the Sheriff. If a committee were to be established, which it should not be, the members of the committee should be an elected body and not an appointed body.  An elected body would be a truly civilian body and would be bonded and would be required to take an Oath to uphold the guaranteed Rights of the People and they would be directly accountable to the people. And this proposed committee adds another layer of expense to the County budget and would likely overlap functions that already exist to including but not limited to the Grand Jury. The resources of the county should be used to fix endemic and systemic problems, such as lack of due process and arrests for victimless crimes. Given the sales tax has gone up in the City of Albany and could go up in other Cities in the county and that inflation is really hurting the constituents of Alameda County, our public funds need to be managed more carefully than ever before. This can be done by the Alameda County Board of supervisors resisting the creation of more expenses and expanses of government that are outside of the Contract.

I WOULD LIKE TO EXPRESS A STRONG OBJECTION TO THE FORMATION OF THIS COMMITTEE AND SAY THAT…Through this committee the State Legislature and the Board of Supervisors will attempt to usurp the authority of the Office of the Sheriff. Assembly Bill 1185's passage in September 2020 allows a county to set up an oversight board or commission to review the actions of the Sheriff's Office. If genuine oversight is to happen, it should be similar to the San Francisco Police Commission and Oakland's Community Police Review Agency since they intend to help set policy, investigate complaints of police misconduct, and conduct disciplinary hearings on the charges. Currently, the Boards of Supervisors, City Councils, Mayors, or appointed selection committees determine who is on these committees. Instead, we citizens propose that the members of the oversight committees be elected. Elected committee members will ensure decisions on misconduct, discipline, and proposed sheriff's policies are by citizens that do not owe political allegiance or debts to elected officials that put them in these committee position. Instead, the committee members' actions reflect the needs of the citizens they represent and the officers they support. As citizens, you must make the right decision for the people you represent. Only set up an oversight committee free of undue influence with members of the committee elected by the county constituents and officers they will represent.

 CHAT COMMENTS:

00:52:36	This is a link to the June 2021 presentation from County Counsel to the Board of Supervisors. It includes a draft of the county ordinance. http://www.acgov.org/board/bos_calendar/documents/DocsAgendaReg_7_8_21/PUBLIC%20PROTECTION/Regular%20Calendar/Item_2_Sheriff_Oversight_Board_discussion.pdf



00:55:43	Notes on Advocates Ordinance



https://bit.ly/OrdinanceNotes



00:56:00	More info on this - brucds@pacbell.net



00:56:02	Alameda County's dedicated AB 1185 weblink is ACOversight.acgov.org



01:00:47	Does AB1185 cut back the authority of the elected public sheriff and did the County Board of Supervisors consider this before they agreed to contract with the state and move forward on implement this Bill?



01:01:26	Is the Board of Supervisors aware of the ongoing efforts, history and intent of the Legislature to strip the authority of the Office of the Sheriff? Does the Board understand why the Legislature wants to do that?



01:02:23	Under CA government Code 25303 AB1185 doesn’t change the authority and responsibility of the Board of Supervisors or the sole independent authority of the Sheriff.



01:02:47	How do we achieve accountablility in our county by creating a body of appointed/unelected and unaccountable quasi-employees.



01:03:28	thank you, Is this Bill asking that the Board of Supervisor take Supervisory power over the Sheriff?



01:04:11	It is based on existing mandate under CA govt code to make sure all county agencies faithfully perform their duties



01:04:42	Is the County Supervisor on the meeting for the webinar?



01:05:08	Supervisors are responsible for this supervision - the only authority of the sheriff that the supervisors can’t oversee are ongoing investigations



01:05:55	is the Sheriff actually an agency or is the Office independent of the both state and county offices given it is the Executive Branch



01:06:06	Do members of the Board of Supervisors ensure that police and CHP protect constitutionally secured rights so as to avoid unnecessary convictions and jail time ?



01:06:20	How do members of the Board of Supervisors keep their fingers to the pulse of their districts as to what the Public needs?



01:06:21	He runs a county department -



01:06:21	Is the Board of Supervisors aware that only the people through the ballot box have the constitutional right of oversight  of the Office of the Sheriff?



01:06:56	Supervisors are mandated as elected officials to supervise every county department that spends taxpayers money



01:08:16	Is the Board of Supervisors aware that the Sheriff is the highest elected official in the county?



01:08:28	What real problem needs to be solved or fixed that is prompting the creation of this committee?



01:09:51	Lou Anne:	The Sheriff has indepent authority as a law official elected and reporting directly to the people.  The BOS do not have authority over the Sheriff.  I have concern adding a comittee of unelected persons reporting to the SOB which draws a line of authoity over the Sheriff. Please tell me why this does not remove or limit the Sheriff.



01:10:41	The sheriff is no way the “Highest elected official - the supervisors control the budget, which is the power of the taxpayers purse.



01:11:52	Advocates Letters 



Community Advocates have a plan:



 https://bit.ly/AB1185letter



Los defensores comunitarios tienen un plan:



 https://bit.ly/AB1185Espanol 



League of Women Voters Letter to BOS



https://bit.ly/LWVletter



01:12:01	A report by television station KTVU shows taxpayers paid more in settlements and jury awards for wrongful deaths and excessive force, $27.6 million since 2015 through the end of last year, than any other police agency in the Bay Area. The County paid out nearly five times as much as San Francisco ($2.6 million) and Oakland ($3 million) combined in the same period.	



01:12:56	how does the Board of Supervisors currently monitor  conditions of the jail?



01:13:11	Could you let me know how I can reach you so that I can send you more information as to how the Sheriff is in fact the highest law enforcement officer in the county



01:13:38	There are big problems with how Santa Rita jail functions, which is under the control of the Sheriff.  That in itself calls for effective oversight of the Sheriff



01:13:45	could you turn on your camera?



01:14:27	Thanks Bruce ! Well said.



01:15:27	can we please see your faces if you are paid to be at the meeting?



01:16:04	Bruce please turn on your camera.



01:17:17	I agree. I sure would like to see who you are, Bruce? Especially since you’re representing more than one group.



01:17:31	The Board of Supervisors writes and approves the Sheriff's budget. We the taxpayers pay for every excessive force and incustody death in the jail.



01:18:04	If we were in person, we’d be seeing each other. Why are we hiding our faces? If it’s a technical problem, that



01:18:15	Over $30M and counting for the highest in-custody death rate in the state.



01:19:17	I can’t save the chat. Will the links provided here, be collected and sent to attendees?



01:19:26	FYI.  Jails are monitored by the grand jury, public health department, accreditation agencies, the state, among others.



01:19:37	the County board of Supervisors needs to personally attend to the Operations of the jail and that state needs to stop the thousands of laws that create a school to prison pipeline



01:20:13	Yes  we will save the documents in the links and post them on the oversight webpage



01:21:19	we need the subpoena power provided for under state law to investigate the out of control jail.



01:21:22	Will the people of Alameda County be protected from the potential errors, omissions or criminal acts committed by those appointed to be on this committee? What insurance policy is taken out to cover their actions?



01:23:20	Marcia ?????



01:23:36	How much will these proposed committee members be paid to sit on the committee? How much will the total bill be?



01:23:45	Unfortunately, these "community organizations" do not represent the entirety of the voices of those in the county.



01:23:46	you say “people like us” but we have no idea who you are! You are backing this bill, without our ability to see who you are.



01:24:15	We'll save $ millions with oversight.



01:24:58	getting rid of minimum sentencing laws will create fewer inmates, especially black and brown inmates



01:26:09	I didn’t say “like me” - I said “like us” and I’ve been openly advocating on this issue for a very long time. You can email me for a conversation and, more importantly, some real information on the need and value of civilian oversight — brucds@pacbell.net



01:28:09	Bruce, you caqn email me for information on how the Sheriff is the hightest law enforment of the land. louanne@mckeefery.com



01:29:00	I will do that, because its news not only to me but the state legislator and Board of Supervisors = But I’ll email you. We can talk.



01:29:15	"Grants of Power" are not within the correct due process of law.



01:29:19	exactly what I chatted… “people like us”. Thanks for offering your email address.



01:29:40	Us not me



01:32:00	I work with Faith In Action East Bay and Oakland Coalition for Police Accountability



01:32:53	BOS No Secrecy With County Counsel



https://bit.ly/ClientPrivilege



01:33:41	AB 1185 and Sheriff Oversight does not usurp any authority of the Sheriff, nor does it have any enforcement of police power. It is only about transparency.



01:33:47	There are 84 logged in participants.  This is a listening session and not a brown act meeting.



01:35:12	The Sheriff does not agree that the oversight is illegal or unconstitutional. He welcome the oversight.



01:36:01	AB 1185 is state law, passed overwhelmingly by both house of the legislature and signed by the governor.



01:36:19	We have had hundreds of millions in lawsuits without effective oversight - this is the first year in my memory that the sheriff has even had to actually run against other candidates



01:36:37	There seems to be a blindspot (for some) here blocking recognition that: the authority of the Sheriff completely differentiates that Office from that of municipal police.



01:37:06	The sheriff is the sole law enforcement and policing in all unincorporated areas.



01:37:55	This is only subpoena power. This is only investigation. What does Sheriff Ahern have to hide?



01:39:20	Are you a lawyer Bruce?



01:40:41	I am not a lawyer but many of the people who passed this law are and it’s gone through the vetting of all laws by the legislature. It’s simply false that this violates any constitution or existing legal authority.



01:41:31	I’m not stating opinion - what I’m hearing is a lot of opinion that has no legal basis.



01:41:32	did AB1185 this go through a judicial review test?



01:41:50	That is your opinion. I disagree!



01:42:36	There is not a single legal challenge to AB 1185



01:42:46	You have every right to an opinion, but not a false claim of fact. And you are welcome to test it in court, but don’t wast your money.



01:43:01	But did it go though a Judicial Review Test?



01:43:09	Have at it



01:43:09	Why aren’t the Supervisors addressing the wrongful deaths in the county jail themselves? The last meeting I attended on this topic was of the Public Safety Committee of the Board of Supervisors. What is the Public Safety Committee doing to protect the safety of county residents in the county jail? We have the highest in-custody death rate in the state. It appears that we need this oversight board because the supervisors aren’t addressing this tragic situation themselves. It’s a failure to protect public safety AND it’s fiscally irresponsible. If the supervisors don’t have the bandwidth to protect us and save millions of dollars in wrongful death lawsuits, they should be moving strongly to create this oversight board to do the job for them.



01:43:58	I have similar questions to Beth.



01:44:02	Sheriff Ahern has said that he welcomes oversight.



01:44:34	would you be open to attending a meeting with Ahern together?



01:44:55	This oversight board is an arm of the Board of Supervisors -  they don’t have independent powers - they assist the Board



01:44:59	All Trump supporters who wish to overthrow the Presidential election, please line up to the right of the lectern!



01:45:17	That’s what this is - not an Independent new powers.



01:45:20	Perhaps there was no challenge because we did not know about the law. I believe there should be oversight but by citizens that are elected. Not members who are appointed by Boards of Supervisors, City Councils, Mayors or appointed recommending bodies.



01:45:35	Thanks for that Bob...made me laugh!



01:45:52	This woman is telling the insurrectionist story - disturbing



01:47:42	Bob, I’d prefer to hear that from him. Thanks for chatting.



01:48:32	We have met with the Undersheriff and deputies in our research on the sheriff and have been attending Public Protection meetings for years.



01:48:48	My point was the supervisors are not doing the job so we need this oversight board, and the supervisors should be wholly in agreement with this — if they care about the murders and suicides in the jail and the huge resulting costs to the county.



01:49:10	Supervisors, do you care?



01:49:18	mandates??? By what authority?  Legislature not executive branch. And no fourth branch of government can legally usurp the Sherriff's authority.



01:49:33	Rochelle - read Ca



01:49:55	Read CA government codes as I have, as well as county charter - and get back to us.



01:50:24	We do not need another branch of government.  Um, no read the CA constitution. gov codes do not over ride Constitution which is the Supreme Law of the Land



01:50:59	Read CA Govt. Code 25303



01:51:20	Again govt codes do not supersede the Supreme Law of the land



01:51:47	This code has undergone constitutional scrutiny for decades. You are making assumptions that have no factual basis.



01:52:01	Laws are contained in the government code.



01:52:46	Duh, legislatures pass statutes and codes, doesn't mean they are all Constitutional, that is why many are the subject of litigation



01:54:14	The Sheriff should not also be the Coroner. That would be a very quick fix



01:54:35	Yes, Catherine!



01:54:36	Agreed the sheriff should not be coroner -



01:54:42	Absolutely!



01:54:45	Agreed!



01:54:55	Oversight board, just another bureaucratic unaccountable govt agency



01:55:50	We are advocating for a totally transparent oversight board that offers the community a real way of engaging with issues related to the sheriff and county jail.



01:56:41	Most of the comments being made are not informed by actual state law, constitutionality or much of anything else.



01:56:59	In a recent Sheriff Candidates night Sheriff said he did not object to oversight and welcomed it.



01:57:23	Transparency???  Seriously..? No another unelected arm of govt



01:58:15	Fully agree with Brandee Selck



01:58:32	This is not true - it maintains the authority under CA Govt. Code 25303 -  this is basic stuff that is being ignored by these speakers



01:58:45	This speaker has no idea what war is



01:59:13	Really, we are in a cultural war and have been for several years  But apparently, you only think war is kinnetic



01:59:14	I see the QAnon soverign citizens have taken up support for the Sheriff.



01:59:41	Ad homenien attacks when arguments fail???



02:00:30	Typical gaslighting and bullying tactics



02:00:38	Shame on you



02:02:05	Here! Here!



02:02:06	Please keep comments directed toward the ordinance and not personal.  Thank you very much



02:02:18	ob, I’d appreciate you NOT lumping us under one category when we haven’t even met. I’m super far to the left and am not into “conspiracies,” rather constitutional choice.



02:02:34	Thank you Rudy



02:03:39	Nice contribution, Rudy!	



02:04:07	Bob, your comment is stupid. People who support real oversight is not QAnon. It is people who want true oversight. Not people selected by Boards of Supervisors who owe them something. The oversight committee should be elected.



02:04:08	Thank you Jean and Bruce for your comments and representing ICJJ, Faith in Action East Bay and the Coalition for Police Accountability



02:05:05	This cannot hamstring the sheriff’s department - its not a bureaucracy.  Civilian oversight is working in many cities. Do some research - and we’re not electing officials, we are establishing an agency that can help the supervisors do their mandated job.



02:06:05	It takes no authority from the Sheriff. It only has subpoena power.



02:06:51	Very specific - read CA govt code 25303 - don’t make assertions that have no basis in law or fact.



02:08:43	"we are establishing an agency" Point made



02:08:54	not an agency



02:09:07	Members of these "community organizations" should take a close look at who exactly makes up your membership and what their agendas really are



02:09:11	A board and an inspector general



02:09:18	unelected bureaucrats



02:09:36	I support the formation of the oversight board and appreciate Julie's constructive feedback on our ordinance.



02:10:07	Thank you Julie



02:10:48	I was born, raised, and am presently residing in Alameda  County.  I want to remind us all of the Supreme Law of the Land: the Constitution for the United States of America.  I ask you, ACBOS, as well the office of the Sheriff, to remember and honor your oath of upholding the US Constitution and the California Constitution.  Both of these documents provide clear limits to any government agency overreach, which is, anything beyond protecting our Constitutionally guaranteed rights and our private property.   I do not believe it is the job of the ACBOS  to determine what is overreach for another agency, other than the BOS itself.   That responsibility rests with us citizens, that is, We the People.  Thank you



02:10:55	These advocates are fully transparent -



02:11:10	I have not heard from people opposing oversight of the Sheriff any concern with the deaths that have occurred at the jail, nor the huge amount of money that taxpayers, not the Sheriff, have had to pay for lawsuits against the Sheriff.	



02:12:28	Catherine:	The Public understandably wants the abuses from law enforcement to stop, But there is far more to the criminal justice system than just the Office of the Sheriff. The harm to the Public begins with the very laws that put citizens in jail for victimless crimes. Many of the bills passed are never run through any judicial review test to establish Constitutionality. The Municipal Police forces, BART police and California Highway Patrol enforce these thousands upon thousands of codes and statutes that lead to arrests and court processes. Defense attorneys immediately waive the rights of their clients in the courts and fail to properly defend their clients as their allegiance is primarily to the court. The Judges and the courts often impose onerous fines and minimum sentencing laws, they conduct malicious prosecutions that can and do incur steep fines or worse, funnel the People of Alameda into the County Jail which harms and damages these people, physically and financially and sometimes irreparably.



02:16:02	Oversight can provide needed information for the public and Supervisors and provide a way for the public to interact.



02:16:27	Thank you Rev. Derron



02:16:41	CA Govt Code 25303



02:16:42	I agree that there are many flaws in the system that we need to correct. Absolutely. Let's get on with it. It's a big job though, and while we’re doing that, we can do something tangible right here with this oversight board to make a difference in the appalling conditions in our county jail.



02:18:01	A sheriff’s manual is not a legal document.



02:19:11	Bruce, Why don't you listen to people who have opinions that don't fit our agenda. Be open minded.



02:19:27	I think, the best is not to have sheriff ahern ever elected



02:19:32	Oversight board in Minneapolis flagged Offer Derek Chauvin 12 times before he killed George Floyd.  A change in police leadership improved the power of the oversight board.  Sheriff Arpaio fall was because of the failure of human treatment.  Our oversight will save our county precious dollars.



02:20:07	Thank you John...apparently Bruce has a vested interest in this because he help draft or edit the ordinance



02:20:33	This is the actual CA covt code :



02:21:29	Having a law does not make it right. Do you believe Jim Crow laws were lawful?



02:21:41	CA Got Code 25303



02:22:00	legal does not mean lawful



02:22:16	Read it Bruce.



02:22:53	The board of supervisors shall supervise the official conduct of all county officers, and officers of all districts and other subdivisions of the county, and particularly insofar as the functions and duties of such county officers and officers of all districts and subdivisions of the county relate to the assessing, collecting, safekeeping, management, or disbursement of public funds.  It shall see that they faithfully perform their duties, direct prosecutions for delinquencies, and when necessary, require them to renew their official bond, make reports and present their books and accounts for inspection.



This section shall not be construed to affect the independent and constitutionally and statutorily designated investigative and prosecutorial functions of the sheriff and district attorney of a county.  The board of supervisors shall not obstruct the investigative function of the sheriff of the county nor shall it obstruct the investigative and prosecutorial function of the district attorney of a county.



02:23:20	Please do direct comments to other participants who may have different opinions



02:23:52	Nothing contained herein shall be construed to limit the budgetary authority of the board of supervisors over the district attorney or sheriff. CA Govt code 25303



02:24:19	You are not allowing people with differing opinions to be heard Wendy Still?



02:25:01	Then tell Bruce to hear differing opinions.



02:25:09	Unfortunately Bruce seems to be stirring up unnecessary tension



02:25:21	👍🏾



02:25:40	This government code as well as reading AB1185 are critical -  this is basic information that is essential to anyone understanding the issue. That’s basic.



02:25:54	I read those.



02:25:55	Also key to study county charter.



02:26:16	Read that too Bruce.



02:26:19	Unfortunately Bruce, the State cannot be trusted with any Bills they have crafted



02:26:31	Bruce represents a number of advocates who have done a lot of work to determine the best way to protect our community and provide oversight of the Sheriff.



02:27:04	They have not stopped their overreach for years



02:27:17	Then he should be open to hear other advocates.



02:27:32	From where did this idea originate? Legislature? Board of Supervisors, special interest group?



02:28:00	It was Assembly McCarthy in 2017.



02:28:10	Thanks



02:28:17	I mean 2019.



02:28:36	Special interest group



02:29:35	Thank you Bob for your sober, informed comments



02:29:42	This is how govt overreach occurs...



02:29:42	And your experience



02:31:21	Bruce and other advocates can you explain your particular expertise and that of the other advocates, who makes up the committee who participated in writing this draft ordinance and who chose or appointed those of you who are in charge of writing this draft ordinance?



02:31:33	Good government and responsible use of taxpayers money can only be eehanced by greater community engagement - that’s what this is about. That’s all. And these numbers on the costs of dysfunction in the sheriff’s office prove the need.  Thank you Tracy



02:31:58	Where is the oversight board for potholes and raggedy roads in Alameda County?  That



02:32:11	is a big concern to our community



02:32:40	I’ve put information in the chat about the advocates. Read it.



02:33:27	We are making suggestions to the Supervisors as people active in Alameda County - it’s all transparent. Thank you.



02:33:47	Federal dollars need to be removed from both the Office of the Sheriffs as well as the County's budgets. This creates major conflicts of interest in local governance.



02:34:10	Wendy thank you for answering that question. Where do we see the text of the original draft ordinance written by County Council?



02:34:27	Thank you Wendy for your clarification between the two drafts



02:36:18	Unelected board members become very political



A suggested draft for consideration base on many hours of research, on experience of existing oversight agencies and problems that are well documented. That’s all. Very clear in our preface. Totally transparent. And there have been six pervious community meetings along with Wendy Still’s excellent research and surveys.



02:36:57	Elected board members are more accountable



02:37:09	Law enforcement agencies are public servants. It's completely bizarre to say that public servants are exempt from public  oversight. Me personally, I have not had the opportunity to vote for any other sheriff for the past decade in Alameda County, so I would say I have absolutely no ability to exercise oversight and the Sheriff's Department can and does operate with impunity. I have hopes that will change, but even if a new sheriff is elected, I don't want that office operating with impunity either. If there are complaints, they should be investigated. Why would anyone disagree with that?



02:37:55	Are there oversight committees for municipal police forces in Alameda County? Does anyone know the data on whether this oversight is effective in reducing police malfeasance rather than just looking at reducing taxpayer expenditures?



02:38:38	If you care about government overreach, then you should absolutely support civilian oversight. It's exactly and precisely designed to prevent over reach. Yes there are oversight committees in several Alameda cities. And as KTVU reported, they pay out less in police misconduct. It saves us money.



02:38:41	Those of us who have worked on this suggested draft also have among us many years of experience with police oversight in Oakland.



02:38:46	All I need to know is that the California sheriff's assn opposed AB 1185, which means we should have more oversight,  transparency,  and voice over procedures.



02:39:21	And if you look at LA County, for example, it uncovers when you have law enforcement gangs, which is something that it is good to know, and to eliminate.



02:39:22	And you heard earlier for the legal counsel who wrote the charter amendments that established law enforcement oversight in Oakland in 2016.



02:39:25	unfortunately much of the current law models are based on statute and codes which don't apply to the Office of the Sheriff. They are overreach and an overgrowth of government and not based on our founding state documents and the historical and current function and role of the Sheriff.



02:39:39	Well oversight in Oakland for police have not yielded much fruit for reduction in murders



02:39:53	We have done that research - sorry but we actually have done this based on a lot of work.



02:39:54	Statute and Codes apply to creatures of the State and those in regulated activities.



02:40:32	What you are referring to is legal creations aimed at Corporations



02:41:29	I appreciate that you have done a lot of work, but perhaps you need to go back and read the Organic dejure law. Any ordinance that is drafted cannot be in conflict with the State and Federal Constitution.



02:41:30	CA Govt Code 225303 applies to the Sheriff



02:41:37	Oversight in Oakland has greatly reduced misconduct payouts. KTVU reported it. Saved millions of dollars. Oakland has crime because it has a high poverty rate and some gang activity. Police oversight would look at effectiveness in solving homicides, among other things. That is part of oversight. What's working, what isn't working and why?



02:41:59	Thank you Tracy. This is simple good government.



02:42:11	Again, crime in Oakland is just as bad if not worse than ever



02:42:26	"The sheriff is required to protect the person, property, health, and morals of every citizen in the county, and these rights and possessions must not only be protected, they must be made continuously safe. The sheriff shares his responsibilities with both state and local officers who operate within his county, but this does not, in any degree, remove overall responsibility from him. The sheriff, almost universally, is empowered to correct any unlawful situation in his county whether it occurs in a municipality or in an unincorporated area.” Everett King



02:42:30	Again, Government Codes apply to Corporate Fictions and the Legislature cannot cross the line into the Executive Branch. It is basic checks and balances. Unfortunately this is a symptom of poor schooling



02:42:55	The problem in Alameda is Santa Rita Jail. It's unfortunately a human rights disaster. Costing money and costing lives and it has to get fixed. An oversight commission would help us to do this work, which  we must do in this country.



02:43:13	Poverty is always an excuse for crime, NO lack of accountability and bad laws are the reason why crime skyrockets - policies like defunding the police



02:43:54	Not a bad idea Richard



02:44:07	The justice system creates revolving doors that create increased recidivism



02:44:22	1.	Each Supervisor personally walk the jail twice a year at least



2.	The Office of each Supervisor should audit the systems and procedures of the jail and talk with inmates which are your constituents too. 



3.	Evaluate and nullify laws that harm the public such as those that violate their due process rights or that imprison them for victimless crimes. 



4.	Refrain from passing ordinances that do not meet Constitutional testing.



5.	Upon admission to the jail, create a system that identify inmates that have mental health issues and provide the Office of the Sheriff with real resources that can truly rehabilitate 



6.	members of the Pubic who are vulnerable, who find themselves in troubling situations and may have hit rock bottom. If a person is suicidal, can the Office of the Sheriff truly address that?



7.Each Member of the Board of Supervisors needs to take direct and professional 



responsibility for conditions in the County’s jail and create a partnership with the Sheriff rather



02:44:34	than create a system that will destroy checks and balances



02:45:11	An oversight commission is exactly and precisely a check and balance. A check and balance that doesn't currently exist.



02:45:17	Thank you Richard. So helpful



02:45:36	Checks and Balances = Separation of Powers



02:45:46	Executive, Legislation and Judicial



02:45:48	clearly,  there's no checks and balances,  with the current horrific tortuous conditions at SRJ.



02:46:24	Stop sending people to jail for crimes that don't involve harm, trespass or disturbance of the peace



02:46:51	Oh, my gosh...here we go again - poor people are the reason the system doesn't work...I agree they don't get the same treatment, but deal with the fake system run by the politicians who make one off of the poor



02:47:07	Catherine:	The County owns the jail. They are equally culpable.



02:47:28	Board of Supervisors are equally culpable



02:47:47	This commission and OIG will be doing this work helping the supervisors who have way much on their plate. This is an assist to the BOS, all of whom incidentally have visited the jail. They have had difficulty doing this job - in Oakland the Police Commission has taken the burden off of an over-stressed city council, but they can’t do as much work as this commission.  And it will help inform voters. This increases connection with the community and raises the issues we need to understand.



02:48:08	Two people are running against Ahern.



02:48:14	Great point Lou Anne. Limit the oversight committee to the Jail



02:48:17	I am against the sheriff



02:48:31	Because he has negative influence on some members of the sheriff department.



02:48:54	The sheriff is part of the judicial branch of government per California code section 25303. And they are a public servant that answers to the public. A civilian oversight board is oversight by those that hired the sheriff. The public.



02:49:25	I think the Oversight Board and OIG are precisely designed to help the Board of Supes do the job they ought to be doing!



02:49:30	Subpoena power is a way of guaranteeing access to information and testimony.



02:49:38	That’s all.



02:50:12	someone on my street was just arrested and hauled off to SRJ over a neighbor's call.  Albany PD questioned each family member separately,  including the young daughters till they found enough answers to arrest him.  SRJ conditions are morally REPREHENSIBLE.   feces on the walls, cold temps, I could go on, but there's not enough time.



02:50:20	California Peace Officers, defined as the Sheriff, the Constable, the Coroner, and the Justice of the Peace, act as a check and balance to one another, as these Offices are a direct trust from the People to protect the Land on behalf of the Sovereignty, i.e., the People on California; and,



The California Peace Officer is the Supreme Law Enforcement Official, because he or she has jurisdiction over the land, both above and under water, and it is the Peace Officer’s duty to keep the peace and enforce the Organic Fundamental Law of the Land (Common Law) and to further protect  the People of their respective jurisdictions from all encroachments, including pre-emptive encroachments by state and federal authorities; and,



02:50:51	Yes, if you don't think complaints should be investigated, then you can't say you believe in checks and balances. Obviously, you don't.  Right now there is no one to investigate any complaints. All people can do is sue and that gets very expensive. For me. I would like it to stop.



02:52:09	That's what the courts are for. But the Superior Court of Alameda county is corrupt, the DA is corrupt and attorneys don't defend their clients



02:52:23	Litigation is expensive AND very slow.  If there are problems we should want to see prompt adjustments.



02:52:31	The Office of the Conservator of the Peace is the most complex Office existing within the structure of our government, as the Office sits outside the three branches of government, existing within the reserved Powers of Governance of the People on California; while the Peace Officer interfaces and has functions that support the executive branch of the government, he/she is not subject to the State Legislature in his or her Common Law jurisdictional duties



02:52:33	Really, this is not a Hollywood western movie.



02:52:42	peace officers shouldn't coerce unwitting citizens to improper questioning with a system incentivizing sending nonviolent suspects to SRJ.



02:52:59	Maybe stick to the law Kathy and to proper government function



02:53:10	It's easier to have a productive discussion



02:53:56	Feb 19 was the 80th anniversary of Roosevelt's EO 9066, legally sending Japanese Americans to prison camps.



02:54:27	The exact and precise purpose of AB 1185 is teeth. Subpoena power. And the public should have that. At all times and for any and every sheriff.



02:55:28	The Office of the Sheriff needs to go through a very extensive Constitutional training AND the training needs to return to teaching officers to be Peace Officers and not presuming innocent until proven guilty



02:55:28	Thank you Silvia. Deep problems - we need to shine a light - only oversight can do this and help the Supervisors deal with their enormous responsibility under the law.



02:56:06	No more impunity!!!



02:56:37	I agree Bruce Schmiechen.  I am available to help.



02:56:42	Good suggestions so far: 1. Separate the Jail from the Sheriff 2. Oversight committee for the Jail specifically 3. Constitutional and Peace keepers raining.



02:56:45	training



02:57:09	4. Separate the Sheriff from the Coroner



02:57:40	We are the freest country in the world. We vote yet we don't think we have a voice and have to have selected individuals with a louder voice than the elected.  That'/s a problem in every position in the country. We see that in ever state.



02:57:46	Presuming innocent until proven guilty is part of our US Constitution! You are against that??



02:57:56	Thank you, Anne, for your ideas, so helpful



02:58:21	absolutely not.



02:59:38	He should never run unopposed



02:59:57	I do not want emails on issues not connected to oversight like the sheriff being the highest law in the land, etc. I would love to have a conversation with John Mejia - he seems open to much of what we’re asking. But please no emails quoting sheriff’s manuals or other stuff that has zero relevance. California law and county charter, etc. but not the bizarre stuff.



03:00:57	Again, insults Bruce don't actually advance or demonstrate your knowledge



03:01:43	FYI. There is a bill in the CA Legislature this year to separate the sheriff and coroner. AB 1608. You should all support it. The CA State Sheriffs Assn is opposing it. To separate the sheriff from the jail requires a change to state law. It's not something that can be done in the county.



03:02:50	I’m not insulting anyone - sheriff’s manuals etc have been quoted that have no relevance.  This is fact - so please don’t come at me with that stuff. And this is totally constitutional.



03:03:38	As far as I could tell people were commenting into the public record and not made directly to you



03:03:49	Marcia Rayene:	yes dont talk to police, they are trained to convict you



03:04:14	we don't need the California Legislator to pass a law to do that. The County can just go ahead and do it



03:04:22	I’m offering my email for more information - but I’m setting limits on what I’ll respond in good faith - brucds@pacbell.net



03:05:05	Got it. I highly douby anyone would email you a manual



03:05:35	Correct it's a system and involves the ENTIRE structures of the county



03:05:45	And yes - this oversight could be done at the county level.  AB1185 just offers counties a framework.



03:06:34	I oppose because I have a vote and that is the oversight. When you add the oversight to the BOS we lose that vote.  That's why I oppose. I don';t oppose solving the problems.



03:06:59	you are completely wrong. Totally incorrect. You need to learn what state law says. It would require a change in state law to remove the sheriff's absolute authority over the jail. Fact.



03:08:09	Nobody manages the Sheriff, right? It is an elected position.



03:08:13	There is no way this diminishes any existing rights.  It give the public an avenue to more information and reports back on the sheriff’s department - this is a review, investigation and recommendation process.  This is completely lawful.



03:08:20	California



03:10:16	California Govt Code 25303 mandates Boards of Supervisors to oversee the faithful performance of duties by any county agency. Including the sheriff.  With only limitation on current investigations, which leaves most of the duties open to supervision. Please read the actual law -



03:11:19	yes, adding another layer to provide oversight to the remove corruption has not worked thus far



03:11:31	Will the recording be available



03:11:41	Thank you Wendy for being such an excellent moderator