San Mateo County Board of Supervisors votes sheriff out, appeal likely

At a special meeting June 24, supervisors sustained a recommendation written by the county’s Chief Probation Officer John Keene who formally recommended the board proceed with removing Corpus for violating the county charter. Keene was appointed the neutral hearing officer to preside over a pre-removal conference, which was not conducted under oath, on June 11.

“In accordance with the removal procedures, it is my recommendation that the Board of Supervisors approve and adopt the notice of intent and move forward with the proposed removal action,” Keene wrote in the recommendation, County Attorney John Nibbelin said. 

The governing body was granted by voters in March the extended authority to remove an elected sheriff for just cause, a reaction to ongoing scandal and concern over Sheriff’s Office personnel operating under duress and fear of retaliation at the hand of their leader. Corpus may become the first elected sheriff in California to be removed from office without a recall vote.

“This is a very regrettable chapter in the history of San Mateo County, the taxpayers are paying a very heavy price,” Supervisor Jackie Speier said, right before making the motion to move forward with removing Corpus. 

Corpus’ attorney Thomas Mazzucco described the pre-removal conference as “remarkable” and that it was the “first time Sheriff Corpus had the opportunity to tell her story.” Yet, Corpus has consistently declined the public access to the evidence presented and documents considered for her removal. 

However, at the Board of Supervisors special meeting on Tuesday, Mazzucco did appear to waive privilege to the one-page formal recommendation written by Keene. 

After Mazzucco quoted a line from Keene’s written recommendation, Supervisor Ray Mueller questioned whether the selective disclosure from the document opened the door for not only the recommendation to be made public, but the entire pre-removal conference transcript and evidence. Nibbelin said the County Attorney’s Office would consider this further.

“We are to this document, right now, as we speak,” Mazzucco responded. “We are waiving this one letter.”

Mazzucco said Keene’s “hands were tied” when he made the recommendation. After the pre-removal conference was held, Keane hugged Corpus “for a prolonged period of time,” and said, “I know. I know,” Mazzucco alleged. 

When asked to confirm, Keene said he had no comment regarding this matter.

The Board of Supervisors also approved providing a list of three possible neutral hearing officers for the sheriff’s consideration. Corpus and the county will confer to select who will preside over the evidentiary under-oath hearing. All three have over 40 years experience with law enforcement disciplinary matters.

Once a hearing officer is selected and notified, they have five days to schedule a hearing, which must be held within 30 to 60 days. The evidentiary hearing will be public, unless the sheriff requests it to be closed, and would likely be held in August. The hearing officer will have the right to issue subpoenas, consider evidence and hear live testimony under oath.

After that hearing is concluded, the hearing officer will have 45 days to provide a written advisory opinion to the board. The board will then have 30 days to act on this advisory opinion, and conduct a true final vote. This vote, which requires a supermajority approval, will be binding.