San Mateo County judge throws out lawsuit against charter amendment

The county charter amendment, if approved, would grant the San Mateo County Board of Supervisors the extended authority until Dec. 31, 2028, to reveal an elected sheriff from office for just cause and a four-fifths vote of the board. Supervisors passed a resolution Dec. 3 to place the ordinance on March ballots. 

Corpus’ attorneys had attempted to persuade the judge to cancel the election claiming that charter amendment measures may only appear on the ballot in a general statewide election, which would be November 2026. Healy found this to be an inaccurate understanding of election code law, which would only require this of city charters or a charter of a city and county such as San Francisco. 

Ultimately, Healy found that the Board of Supervisors has the right to exercise quasi-legislative acts, such as passing a resolution setting the election to take place before voters. The court cannot question the rationale or motive behind such legislative actions, Healy said. 

However, possible future action of the board, such as the possible vote itself to remove Corpus, could be questioned at a future date. 

“Even if Measure A passes, it only provides the board with authority to seek to remove an elected sheriff,” Healy wrote in the ruling. “Any claim regarding a possible future action by the Board to remove an elected sheriff is not ripe for judicial review.” 

In a press release Feb. 26, County Attorney John Nibbelin said he expected this outcome and believes in the county’s legality in moving forward with the special election. 

“We are pleased at this outcome,” Nibbelin said in the press release. “We believe that the sheriff’s decision not to challenge the tentative ruling reflects the strength of the county’s legal position, as well as of the care with which Judge Healy prepared her decision.”

The effort to expand the Board of Supervisors’ authority over an elected position within the county followed the public release of scathing investigative report detailing evidence of corruption with the Sheriff’s Office executive team.

The investigation outlined substantial evidence of retaliation, abuse of power and conflicts of interested within Corpus’ administration.

Corpus has continued to state she will not step down — despite being asked to do so by nearly the entire sworn staff of the Sheriff’s Office and local legislators and leaders — so the county is seeking an avenue to remove her.

Initial results of the election from mailed in ballots will first be reported at 8:10 p.m. Tuesday, March 4. Voting center results will first be reported at 9 p.m. and every following hour until complete. As of 4:30 p.m. Feb. 26, 72,668 votes have been cast.