Supervisors Approve Revised Letter to DOJ

Supervisors Approve Revised Letter to DOJ

Tensions Emerge Over County Investigation Letter

On what appeared to be a routine meeting for the Tehama County Board of Supervisors, tensions and disagreements took center stage. While the board initially focused on its consent and regular agenda items, the discussion quickly shifted to a contentious matter involving a letter to the state Department of Justice (DOJ) and the Attorney General’s office.

The board approved an amended letter requesting the DOJ's assistance in investigating issues within the county. However, the conversation was marked by significant disagreement, with some supervisors expressing frustration and even leaving the room during heated discussions.

Tehama County Sheriff Dave Kain argued that the letter is unconstitutional because it interferes with the sheriff’s investigative discretion. He cited California Government Code Sections 25305 and 25303, emphasizing that while the board can oversee operations and budgets, it should not interfere with the sheriff’s independent duties.

Kain stated that his office has been collaborating with the DOJ for over a month, highlighting their commitment to a thorough and impartial review. He emphasized transparency and cooperation with the Attorney General’s team while maintaining his independent responsibilities.

The letter in question outlines concerns about bias and conflict within the county, stemming from an incident on March 25 when Supervisor Pati Nolen was pulled over by Red Bluff police after a call from county offices alleging a possible DUI. Nolen was found to have a 0.00 blood alcohol content and was released without further action.

Supervisor Tom Walker had previously requested the letter to address conflicts within the county. During public comment, a community member questioned how the issue reached the agenda and what the vote was to add it. Supervisor Matt Hansen claimed there was a unanimous consensus to proceed, but Nolen disputed this, stating she had already expressed her disagreement.

Nolen had previously indicated that while she supported the idea, she believed the Attorney General might not take on such local matters. She noted that the district attorney had informed her in the past that the AG typically declines to handle local issues.

As the meeting progressed, the board heard from Tehama County District Attorney Matt Rogers, who spoke by phone. He stated that his office operates by the book and adheres to the law. Rogers acknowledged that he missed part of the discussion but suggested that the DOJ would make the final decision on whether to intervene.

Supervisor Walker then proposed amending the letter to request the DOJ’s assistance rather than taking over the investigation. He noted that the DOJ’s involvement seemed to be underway, suggesting the amendment would not cause significant concern. Nolen echoed this sentiment, calling the process a waste of time.

Supervisor Greg Jones described the issue as a cloud hanging over the county, expressing support for the letter not out of distrust but to ensure a conflict-free process. He compared the situation to an abyss, emphasizing the need for a solution to serve the county effectively.

Opposing the letter, Supervisor Robert Burroughs stated his full support for Kain’s work. This led to a point of order by Nolen, claiming that the law supersedes the agenda item. Kain returned to clarify a statement made by Walker, asserting that the DOJ had excluded the district attorney’s office from the case and that evidence sent to Rogers had not been shared with the DOJ.

After the county counsel explained the procedure for a point of order, Hansen rejected it, stating it did not meet the definition of such. The board eventually voted 3-2 to send the amended letter, with Nolen and Burroughs voting against it.

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