Judge says that San Mateo County can fill sheriff vacancy

The decision was ordered the same day the already-approved grace period was slated to end. As of Oct. 28, the Board of Supervisors are free to fill Corpus’ seat according to Shapirshteyn’s ruling. 

“Enjoining the appointment of a new sheriff would leave the position vacant, impair operations and undermine public confidence,” Shapirshteyn said. 

The county previously agreed to not fill the vacancy for 14 days following Corpus’ firing, which happened with a unanimous vote of the Board of Supervisors Oct. 14. The board’s vote was the final step in a removal process approved by voters in March. 

The vote followed a two-week evidentiary hearing held in front of retired Judge James Emerson, who concluded Corpus violated the county’s conflict of interest law, ordered the warrantless arrest of the deputies union president in retaliation for protected union activity, and retaliated against a captain. 

Corpus attorneys previously called the evidentiary hearing a “sham” and said Emerson “was controlled by the Board [of Supervisors].”

Pursuant to the approved removal proceedings, the county must appoint a successor or opt for a special election by Nov. 13. 

The evening of Oct. 28, the Board of Supervisors held a public meeting to gather input from the community on what avenue it should take to replace Corpus and what merits they would like to see from the next sheriff. 

The Board of Supervisors are notably split on how to proceed. Supervisor Noelia Corzo is in favor of appointing the next sheriff to allow the Sheriff’s Office to move on as soon as possible. Board President David Canepa has voiced his strong desire for a special election to be held as early as possible, regardless of the cost. Supervisor Ray Mueller has proposed a makeshift plan that would call for a June election and essentially allow someone to take care of the Sheriff’s Office in the meantime.