Recusal or Refusal? Tehama Supervisors Avoid Sheriff's Request Vote

Sheriff Requests Legal Help, but Board Recuses Itself

Sheriff Dave Kain of Tehama County appeared before the county’s Board of Supervisors on Tuesday to ask for outside legal counsel to assist with an ongoing investigation. However, the majority of the board members recused themselves from the discussion, preventing any formal vote from taking place.

Kain began his presentation by stating that he would read through the request and then answer any questions the board might have. His statement was interrupted by Supervisor Tom Walker, who immediately announced his recusal from the vote.

"I’m involved in this investigation, so I’m going to recuse myself from the vote," Walker said during the meeting.

Kain was seeking up to $100,000 to hire external legal representation for the investigation into a DUI report that was filed against Supervisor Pati Nolen. The case also involves potential wrongdoing that may have occurred during the process. Nolen has previously identified some of the county leaders as her primary suspects, though Kain has not yet named any specific individuals. He mentioned that he is looking at everyone who could be involved in the matter.

Following Walker’s recusal, other supervisors also stepped away from the vote. Supervisor Greg Jones and the board’s chair, Matt Hansen, both recused themselves as well.

"I think I’m involved in it. I’m a public official, so I’ll recuse myself too," Jones said.

Hansen followed suit, stating, "I believe I’m also a witness or could be considered in conflict with this agreement, so I have to recuse myself."

Kain expressed surprise at the number of recusals, saying, "The good news is that just spelled out my case for me. There’s a conflict."

Hansen responded, "Could be," adding, "You can take it to the court and decide, I guess, is the next step."

Understanding Recusal and Quorum Rules

When a county supervisor recuses themselves, they no longer count toward the required number needed to form a quorum for an official meeting. With three supervisors recusing themselves, there was no longer a quorum, meaning the board could not officially vote on the matter.

According to the Brown Act, these steps must be taken before any vote or discussion is held, although they can occur after the item is announced. The act also requires members who have recused themselves to leave the room until the agenda item is resolved.

Despite the presence of several attendees who voiced concerns about the lack of a vote or discussion, the Fair Political Practices Commission (FPPC) states that without a quorum, no official action can be taken on an item. Even if members had stayed in the room, their recusal would still prevent them from contributing to a quorum.

As a result, the item failed, forcing Kain to explore possible next steps through the courts. Supervisor Rob Burroughs made a final comment before leaving the meeting.

"Just be aware that the people that are here and the people that are not here tells a lot," he said to the room.

Kain replied, "That’s fine, that’s fine." He added, "We’ll reach out to a law firm and file an appellate with the Tehama County Superior Court."

The Northstate’s News has reached out to the Tehama County Sheriff's Office for more information on the next steps in the case, but has not received a response at this time.