San Mateo County sheriff removal takes step

The Board of Supervisors will consider Keene’s official recommendation at a special meeting held at 8 a.m. June 24, before it will vote to sustain or reject the recommendation. Keene’s written recommendation has not been made public due to the sheriff’s objection, and will be considered by supervisors during closed session. 

After hearing the cases from both sides, and considering the formal written notice of intent for removal approved by the supervisors June 5, Keene determined there is substantial evidence to warrant removing Corpus from office, according to a staff report. 

The notice of intent was a 59-page document with 524 pages of evidence and 42 witness interviews concluding that Corpus engaged in “multiple acts of misconduct” including violating the law in relation to the sheriff’s duties, repeated neglect of the sheriff’s duties and obstruction of an investigation into the conduct of the sheriff. 

The Board of Supervisors must approve the recommendation with a four-fifths vote. If it does so, a “final notice of decision” will be served on the sheriff, including the specific grounds constituting her removal, and giving the sheriff the right to appeal the decision and request a removal hearing before a separate hearing officer. 

If the sheriff requests a removal hearing — which must be done so within five days of receiving the final notice of decision, and include a detailed statement rationalizing the appeal — she may also request it to be closed to the public. Corpus has denied all evidence and written documents detailing the grounds for her removal to be made public, so far. 

The removal hearing, should it be requested by the sheriff, is slated to be held in August, according to the staff report. 

Three hearing officers who may preside over the evidentiary hearing will be considered by the Board of Supervisors on Tuesday, as well. If approved, these options will be presented to the sheriff, and they must agree on one. 

The arbitrators proposed include Carol Vendrillo, who has handled labor and employment arbitrations for 24 years, according to a staff report. Vendrillo is an editor and expert on California public sector employment law, and a member of various national, state and local arbitrator panels. 

David Hart, an arbitrator who has handled labor and employment arbitrations for 47 years, is also proposed for consideration. Hart is also a member of various national, state and local arbitrator panels. 

The third proposed hearing officer is retired judge James Emerson, who served for the Santa Clara County Superior Courts from 1993 to 2010. Before being a judge, Emerson was a deputy county counsel for Santa Clara County assigned to the sheriff among other public sectors from 1985 to 1990. 

Supervisor Jackie Speier had previously shared her desire to specifically have a retired judge as an option for the hearing officer. 

A hearing would occur within 60 days after a hearing officer is selected. The sheriff and the county will get five days to present their case. The independent hearing officer will consider the evidence, and issue a fully written advisory opinion to the board for consideration. 

The board will then make the final decision, which will be binding. 

The process to remove Corpus was initiated by the Board of Supervisors June 5, after voters approved, with 84% of the March special election vote, giving the governing body the extended authority to remove an elected sheriff for just cause.