A hearing is set for Feb. 26 when Judge Nicole Healy will decide whether to stop the March 4 special election for voters to decide if the San Mateo County Board of Supervisors should have the ability to remove Sheriff Christina Corpus from office.
The special election asks voters within the county whether the county charter should be amended, expanding supervisors’ jurisdiction until Dec. 31, 2028, to remove an elected sheriff from office through a four-fifths vote for just cause. The request looks to oust an embattled sheriff whose office has become riddled with controversy.
In a case management conference Jan. 29, legal counsel representing the supervisors and Corpus addressed the expedited timeline in which the matter will be heard and considered by Healy. With this in mind, Healy gave each party briefing guidelines that focus particularly on the legal separation of powers.
Considering whether the election should be held is a “very narrow legal issue” that is only one prong of the complaint, which Healy said she might not have proper jurisdiction over. At the hearing, Healy will not take testimony into consideration because she “cannot inquire what made a legislator do what they did.”
“While I get petitioner feels momentum is building against their client, they (the Board of Supervisors) have not come to an end stage at this point,” Healy said.
Typically, such complaints are made after a decision is made, such as an employee being fired, rather than “as things unfold,” Healy said. Depending on the outcome of the election, Healy believes the petitioner will likely have to file an amended complaint.
However, if Corpus’ attorneys believe the process leading to the adoption of the resolution and the proposed ordinance was unlawful or infected by bias in some way, that evidence will be considered at the upcoming hearing.
The complaint filed by Corpus’ attorneys also claims supervisors Ray Mueller and Noelia Corzo have demonstrated bias against Corpus and therefore should be disqualified from participating in the matter. Both have been the spokespersons representing the board on the matter.
“There is clear bias during these hearings, nothing that you have to look hard to find,” Corpus’ lawyer Thomas Mazzucco said.
Counsel representing Mark Church, in his official capacity as chief elections officer, said Church does not plan to take any substantive position on the matter and will remain neutral and abide by what the court will order. Healy said Church is essentially “along for the ride.”
The effort to expand the Board of Supervisors’ authority over an elected position within the county followed the public release of a scathing investigative report detailing evidence of corruption with the Sheriff’s Office executive team.
An investigation conducted by retired Judge LaDoris Cordell outlined substantial evidence of retaliation, abuse of power and conflicts of interest within Corpus’ administration.
Corpus has repeatedly stated she will not step down — despite being asked to do so by nearly the entire sworn staff in the Sheriff’s Office, and local legislators and leaders — so the county is seeking an avenue to remove her.
Ballots are printed and will be mailed beginning Feb. 3.
(2) comments
Another example of our plethora of attorneys who have nothing better to do than throw a monkey wrench in the spokes. This is not truly a legal issue but an obstruction of justice. The vast majority of San Mateo voters have already made it clear that she should be booted. The Board of Supervisors is simply representing our voices. How else can we dump this inept and corrupt sheriff?
Judge not and you shall not be judged. Where were you when Munk and Bolanos got caught in a Las Vegas sting? If the Supervisors had fired them, the I'd say you have grounds for your opinion. Also, Bolanos and Batman and Holland and the Nazi collaborators.
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