A Letter to the Department by Sheriff Sandra Hutchens

Most of you have seen or heard news accounts of the inappropriate text messaging between some members of my staff during the November 18, 2008 Board of Supervisors meeting. Those individuals have been admonished appropriately. That meeting included hours of public comment by those opposed to the Department's change of policy on Carry Concealed Weapons Permits and concerns by the Board of Supervisors.

I bring this to your attention not to further embarrass those who were singled out by the press but to remind all of us that there is an important lesson to be learned. While on duty, our communications, with few legal exceptions, are public record. We are a transparent Department and if a Public Records Act request is made, we are required to release those communications and embarrassment is no legal exception. We must act accordingly.

On another level, we must respect those we serve. When criticized, we must respond professionally and not succumb to the all too human instinct of making comments and remarks that disparage our critics.

We are held to a higher standard than others in society because we are in law enforcement. That is how it should be. We must enforce the law and at times that makes us unpopular. We all know that when trouble strikes, we must step forward while others run and seek shelter.

What we must remember is that when we don't like what others say about us, we must put our personal feelings aside and listen; giving them a fair chance to state their case and possibly change our minds.

When all is said and done, we must do what we know is legal and right.

The Orange County Sheriff's Department is a professional organization composed of individuals and therefore subject to human frailty at
times. Let's all remember to put our best foot forward.

The Orange County Register reported that the Department Police Community Reconciliation program has drawn high praise.

Tuesday, February 3, 2009

Sheriff department complaint program draws praise

BY NORBERTO SANTANA JR.
The Orange County Register

A new county mediation program that seeks to help sheriff's deputies and residents resolve differences drew praise on Tuesday, with Assistant Sheriff Jack Anderson saying the effort helps both sides better understand each other.

The Police Community Reconciliation Program was set up in May 2008 with nearly a $100,000 budget with the goal of offering an outlet for residents who want to air complaints that don't rise to the level of a formal investigation.

In its first six months evaluation, the voluntary program has received 43 complaints, mainly involving the perception of rudeness or profiling. It has successfully handled nine cases with another two dozen in the process.

To see the whole story click here.

Orange County Supervisor John Moorlach issued this statement today about some of the accusations made in the wake of Sheriff Sandra Hutchens launching an investigation into the recording of material on the desks of two Supervisors by a security camera during the January 13, 2009 Board of Supervisors meetings.  

Supervisor Moorlach said: 

The Los Angeles Times' Tami Abdollah reports on yesterday's Board meeting. Here are the key graphs:

...Sheriff Sandra Hutchens said she discovered the camera had zoomed in on Norby's notes and Supervisor Janet Nguyen's BlackBerry.

Hutchens, hired last year after her predecessor was indicted, said she alerted both supervisors, launched an internal investigation and informed Stephen Connolly at the Orange County Office of Independent Review so that he could monitor the investigation.

Here's the entire story:

Orange County Supervisor Chris Norby wants to bar the Sheriff's Department from handling security in the Hall of Administration after an investigator used a security camera to zoom in on Norby's notes and a colleague's BlackBerry messages during a board meeting.

On Tuesday, the Board of Supervisors asserted control over security in the board chambers and weighed whether to hire a private firm or a local police department to provide security in the Hall of Administration.

The issue stems from a Jan. 13 board meeting when the Sheriff's Department stepped up security because of community tensions over layoffs and the sheriff's highly publicized decision to revoke concealed weapons permits. The boardroom's security camera, typically operated by security guards, was handled by an investigator during the roughly four-hour meeting and primarily used to pan the audience for suspicious or unusual activity.

When a concealed weapons advocacy group filed a records request for the security tapes last week, Sheriff Sandra Hutchens said she discovered the camera had zoomed in on Norby's notes and Supervisor Janet Nguyen's BlackBerry.

Hutchens, hired last year after her predecessor was indicted, said she alerted both supervisors, launched an internal investigation and informed Stephen Connolly at the Orange County Office of Independent Review so that he could monitor the investigation.

Norby and Nguyen were granted a chance to view the tapes, but expressed outrage when they were not given copies of the entire recording. Releasing the recordings would jeopardize the safety of undercover deputies at the meeting as well as pose other security risks to ongoing investigations, sheriff's spokesman John McDonald said.

"The sheriff was upset about the taping of what was on their desks," McDonald said. "We've offered all five members of the supervisors copies of those portions of the tapes that were upsetting to the sheriff. And that was accepted by some members of the supervisors and declined by some others."

At Tuesday's Board of Supervisors meeting, the supervisors unanimously approved additions to its rules and procedures that formally established its power over security measures within the board's chambers and affirmed its ownership of security recordings. According to the rule changes, these security recordings are "confidential and are not public," but can be made available to any board member upon request as long as it does not violate state law.

Norby also requested that the county examine contracting out the security for the Hall of Administration to a private firm or the Santa Ana Police Department. The county Civic Center is in Santa Ana.

County Chief Executive Officer Thomas Mauk said the building's security costs are about $800,000 a year. Mauk told the board he will report the full costs, possible savings and existing options for such a change.

"There's a price issue and there's a control issue," Norby said. "I'm sure we could save money and we'd also have more control.

"Right now," he said, "the sheriff has essentially said 'I'll do what I want, and what the board wants doesn't matter. And these security tapes are my property and I'm not going to give them to you'. Yet we know these security tapes include improper looking at the board, but we don't know what's on them because we can't see them. It's an odd confrontational tack to take. . . . I thought we'd be on the same side."

Sheriff Sandra Hutchens is in Washington, D.C. this week at the Joint Legislative Conference of the Major County Sheriff’s and Major Cities Chiefs Associations.

The Sheriff’s Association is made up of Sheriffs from around the country who serve counties with populations of more than 500,000.  The Chiefs Association has chiefs from the 64 largest police departments in the country. 

The Sheriff notified the Board of Supervisors on January 15 that she would be unable to make this week’s meeting of the Board due to her commitment to attend the Major County Sheriff’s Association. It is the second time since taking office in June that she has left the county on business.  In August, she traveled to Northern California for a meeting of the California State Sheriff’s Association.

In Washington, she will be meeting with the other Sheriffs on common issues, such as improving law enforcement strategies, identifying challenges to law enforcement and coordinating efforts to advocate legislative agendas.  The Major County Sheriff’s Association conference will allow Sheriff Hutchens to share ideas, concepts and resources with some of the highest profile law enforcement officials in the country.

The Sheriffs at the conference also had a joint meeting with Police Chiefs of Major Cities to discuss mutual problems and ways to help each other in such areas as battling drugs and violent crime.  The Chiefs and Sheriffs go as a group to meet with congressional leaders and also they have private meetings with the legislators to help further programs that they support.

While in Washington, Sheriff Hutchens scheduled meetings with U.S. Senator Dianne Feinstein on initiatives to combat gangs and with U.S. Rep. Loretta Sanchez on economic strategies for law enforcement. She also meeting with Rep. Sanchez’s staff to discuss funding Orange County law enforcement programs and emergency operations. Sheriff Hutchens will also meet  Edmund M. “Ted” Sexton, Assistant Homeland Security Secretary for State and Local Law Enforcement.

One of the foremost goals of her trip is to explore new funding sources for the Department from federal programs that hold billions of dollars to support eligible programs.

With temperatures in the low 20’s five members of the Orange County Sheriff’s Department and a representative from the Board of Supervisors will receive a very warm reception when they land in the Okanagan Valley in British Columbia, Canada.

The purpose of the trip is to bring awareness to the families and friends of the Sunshine Dreams for Kids of the warm reception and care they will receive when they visit Disneyland later in the year.  Sunshine Dreams has been in existence 45 years. For more than 20 years the Orange County Sheriff’s Department has served as a host to this group.

Children from The Sunshine Dreams Foundation, which is the Canadian mirror of Make a Wish, come to Disneyland for a dream come true one-day adventure yearly.  Each year the critically ill children experience the thrill of Disneyland, all the while escorted by an employee of the Orange County Sheriff’s Department who has taken personal time to serve as their host for the day. 

This year’s ambassadors to Canada include Captain Dave Wilson, Lieutenant Mark Levy, Investigators Gene Inouye and Chris Dunn and Deputy Scott Yuen.  Rounding out the group will be a representative from the Board of Supervisors and staff aide to Supervisor John Moorlach.

The Department team is leaving Sunday from John Wayne Airport.  They will change planes in Seattle and board a plane so small they have to be seated in accordance with size to best keep the craft balanced while aloft. Once they arrive they will be met by representatives from The Royal Canadian Mounted Police, (RCMP) who will serve as their official guides for the trip.  The scenery in the Okanagan Valley will include lots of snow, vineyards and tall mountains. 

The valley has a smaller population than Orange County but likely has more hockey fans and you can’t find basketball game on the local television.  

The uniform of the day for our officers will be the Class A, in contrast to the beautiful red coats with fur hats worn by their escorts. The Orange County contingency will serve as goodwill ambassadors and help raise the funds to bring the children to Disneyland. 

The chain of Wendy’s Restaurants sponsoring the event hopes to raise enough money to bring at least 80 children and their support staff to Disneyland sometime later this year.  Once in Orange County their OCSD volunteers provide an adventure that challenges all involved to keep up with these children.

“Pushing a wheelchair all day can wear you out,” noted Captain Wilson.  “But the effort is well worth it once you see how these youngsters enjoy their day,” he added.

In December of 2008, the Sunshine Dreams for Kids Dreamlift brought 150 children and escorts for this once in lifetime adventure.

The group will fly out of John Wayne on Sunday, January 25th and return on Thursday, January 29th.  The cost for this trip is covered by the sponsor of the event, a chain of Wendy’s Restaurants. 

To see the Sunshine Foundation's Reasons for inviting representatives of the Orange County Sheriff's Department to the Okanagan Valley click: whyOCSD.pdf (82.45 kb)

On Thursday morning Sheriff Hutchens discussed blog reports that the Department had "spied" on two members of the Board of Supervisors with bloggers and news reporters.

She said that when she first learned that a security camera intended to monitor the audience at the January 13, 2009 meeting of the Board had focused on the Supervisors desks, she was more than surprised.

"I was concerned when I heard about this, I was upset," Sheriff Hutchens said.

She made it clear that the cameras were intended for security purposes.  She added that the recording was such that nothing written could be read on either Supervisor's desk.   

Sheriff Sandra Hutchens issued this statement this morning regarding the incident: 

This week, the Clerk of the Board and the Orange County Sheriff’s Department Records and Information Services Division received a Public Records Request (PRA) from Ordinary California Citizens Concerned with Safety (OCCCWS) for security video from the Board of Supervisors Meeting held on January 13, 2009.

Tuesday night I was alerted to an incident on the approximately 4-hour video where the particular camera in question was being utilized to scan the boardroom and alert our personnel to any potential security concerns. The security camera was used to zoom in on Supervisor Nguyen’s blackberry for approximately thirty seconds and paperwork on Supervisor Norby’s desk for approximately one minute. I immediately ordered an internal investigation.

I also notified the Office of Independent Review and, in an effort to be completely transparent, I contacted Supervisor Norby and Supervisor Nguyen to alert them of this discovery.

The security measures put in place are intended to protect life and property, maintain order, and protect the public’s 1st Amendment rights.

Red County Blog has posted some of the Sheriff's comments and a podcast of part of her interview. To see and hear it click here.

Orange County Sheriff-Coroner Department Preparations for the Tuesday January 13, 2009 Board of Supervisors Meeting -- From Assistant Sheriff Mike Hillmann, Field Operations Command

In preparation for the meeting, information from several sources was brought to the attention of the Sheriff's Department regarding potential for recently laid-off Orange County employees, numerous individuals representing "The Carrying Concealed Weapons" issues and the "Open Carry Firearms" groups who wished to attend the Board of Supervisors Meeting.  These groups were expected to engage in a First Amendment protected activity in front of the Hall of Administration and/or inside during the Board meeting.  The OCSD carefully evaluated all the information and gave great weight to a balanced approach of protection of First Amendment Rights and that of public safety.  In that endeavor, signage was posted in the lobby of the Board indicating that no firearms would be allowed inside during the public meeting with the exception of law enforcement.  Additionally, selected areas were designated for persons wishing to demonstrate outside and Deputies assigned to liaison with them; and an Incident Action Plan was prepared outlining that Deputies would be both in plain clothes and in uniform to monitor activities.  Deputies were directed to be vigilant in monitoring those individuals who, based on reasonable suspicion, appeared to possess a firearm, and to politely inquire if they were carrying a firearm; if this were the case they would be asked to return to their vehicle and secure their weapon (loaded or unloaded).  If an individual carried a firearm, undetected into the Board Room, several plain clothes Deputies were positioned inside and directed to monitor and respond to such an occurrence.  The deployment of both plain clothes and uniform Deputies was done as a measure to balance public safety with First Amendment protection.

In addition, deputies were provided with authority information regarding the First Amendment, California Penal Code and the Orange County Board of Supervisors, rules of Procedure.  

No incidents of individuals carrying any firearm inside the Board meeting were disclosed. During the meeting however, three subjects were contacted by Deputies.  One subject was contacted by a Deputy in uniform who inquired if armed. The subject stated no and was allowed to continue inside.  The second subject was carrying a blue bag left in one of the seats in his row.  A plain clothes Deputy inquired of the subject if any weapons were inside.  The subject stated no and no further action was taken.  The third subject had a bulge on his left side and was asked by a female plain clothes Deputy if he had a weapon.  The subject, who was seated at the time, lifted his shirt and demonstrated he had a cellular telephone.  The subject was allowed to remain seated and no further action was taken. No ancillary groups appeared who wished to engage in First Amendment activity outside the Board meeting. 

Sheriff Sandra Hutchens reported to the Board of Supervisors on Tuesday that she has adopted some suggestions made by Board members and the public by adding new circumstances to the "good cause" standard in the Department's Concealed Carry Weapons permit policy.

The changes are the addition of these two definitions of "good cause."

• Good cause could include, but not be limited to, documented instances of threats to the personal safety of the applicant, his/her family or employees. Threats to personal safety may be verbal or demonstrated through actual harm committed in the place of work, neighborhood or regular routes of travel for business. The applicants should articulate the threat as it applies personally to the applicant, his/her family or employees. Non-specific, general concerns about personal safety are insufficient.

• The finding of good cause should recognize that individuals may also face threats to their safety by virtue of their profession, business or status and by virtue of their ability to readily access materials that if forcibly taken would be a danger to society. Threats should be articulated by the applicant by virtue of his/her circumstances.

To read the Department's CCW policy, click: CCW Policy - BOS 011309 - revise.pdf (882.59 kb)

For more information on the Department's CCW policy, click here.

The Office of Independent Review is completing its fourth month of providing full-time, independent civilian oversight of the Sheriff’s Department. 

OIR is led by Stephen J. Connolly, an attorney with several years experience as a consultant and monitor for law enforcement.  

“I am grateful for the reception I’ve gotten at all levels of the Department,” he said recently.  “I’m impressed with how helpful people have been about sharing information and answering questions.  And there’s been a very cooperative spirit as far as considering my input and trying new approaches.”

Connolly’s primary role is to monitor all complaint cases and critical incidents from beginning to end.  He works closely with Internal Affairs personnel and Department executives in tracking investigations and offering recommendations about outcomes. 

In the coming months, Connolly is expected to provide public reports about his initial observations and activities. 

“The goal is to make the Department more transparent and understandable to the public,” he explained.  “The Department isn’t perfect. But when it deals with its problems appropriately and effectively, then I think people are more accepting.”

OIR also recently expanded with the hiring of John W. Harris as an “Investigations Analyst.” 

Harris is a longtime resident of Orange County and a 36-year veteran of the Los Angeles County Sheriff’s Department; he was a sergeant at the time of his retirement in March of 2008.

Harris will contribute to the monitoring process from his perspective as a veteran officer and experienced investigator.  He spent six years in the Internal Affairs Bureau, and was assigned to LASD’s Force/Shooting Roll-Out team.  He had lead investigative responsibilities for the internal review of dozens of shootings, significant force cases, and misconduct allegations.  Along with a familiarity with the OIR model, Harris also has considerable knowledge about force policies, training, and the Peace Officer Bill of Rights. 

Prior to serving with Los Angeles County Sheriff’s Department, Harris spent two tours in Vietnam with the United States Army. His was initially assigned to the Military Police before being reassigned the Army Criminal Investigation Division (C.I.D.).  

Harris holds numerous certificates from the California Commission on Peace Officers Standards & Training (P.O.S.T.) and obtained an Associate of Arts Degree from Rio Hondo College in Administration of Justice. 

“I am pleased that John was willing and available to join OIR,” said Connolly.  “I really respect his insights and his expertise, but he also understands the importance of listening and getting the whole story.  I think he will develop constructive relationships inside the Department and with the public as well.”

The Orange County Register reported on its Website Thursday on the resolution by the Board of Supervisors calling on Sheriff Sandra Hutchens not to revoke any Concealed Carry Weapons Permits issued by the previous administration.

Sheriff Hutchenshas said she believes that some of those permits were issued without good cause required by law. Some members of the Board of Supervisors have suggested that she use her discretion to leave all current permits in place.

From the Register Website:

Supervisors lobby sheriff on concealed weapons

Hutchens says she disagrees with supervisors and will let voters decide her fate in 2010

BY NORBERTO SANTANA JR.
The Orange County Register

Orange County supervisors this week abandoned their traditionally cautious approach and formally urged Sheriff Sandra Hutchens not to revoke any concealed gun permits.

Hutchens' response: "I think we're going to get to a point where we have to respectfully agree to disagree."

The fledgling sheriff triggered a firestorm earlier this year from gun activists when she announced that the sheriff's department would adopt a stricter approach toward handing out concealed weapons permits and would reevaluate the existing 1,100 licenses held across the county. Nearly 100 activists, including National Rifle Association attorneys, showed up last month at a county supervisors meeting, threatening to politically oppose Hutchens and any supervisors who backed her gun policies.

To read the entire story click here.

Sheriff Hutchens has temporarily ceased revocations pending discussion with the California Attorney General to ensure that it does not reflectly negatively in the state data base if a permit holder has his or her permit recalled as a result of the review.

In the story, Sheriff Hutchens said:

"I'll be prepared to discuss the issue in its entirety and have some resolution in January," she said in an interview this week.

By Jason Felch and Maura Dolan
December 14, 2008

In June, Orange County Dist. Atty. Tony Rackauckas made a bold grab for a crown jewel of local law enforcement: the DNA unit of the sheriff's crime lab.

With the lab's director out of town and the sheriff recently deposed by corruption charges, Rackauckas submitted a brief agenda item to county supervisors two business days before their regular meeting. 
 
"Our aim is to make significant changes in the way forensic DNA analysis is conducted," Rackauckas wrote. The D.A.'s office is "the only organization capable of harnessing the vast potential of forensic DNA technology."

The move capped a three-year tug of war for control of DNA analysis in a historically conservative county where putting criminals behind bars can bring substantial political rewards.

"I have never experienced anything like it in more than 30 years of law enforcement," recalled Sheriff Sandra Hutchens, who took over the department in the midst of the battle. "I couldn't get my brain around it, and no one I've spoken with could either."

To read the whole LA Times story click here.

Jubal at Red County is unhappy with the Sheriff's Department Blog.

"It used to be you'd check the OC Sheriff's Blog because you could find substantive news, or even breaking news. Now, it's awards ceremonies or eulogies to dead police horses. The irony is the departmental blog provided more substantive information under Carona than it does now. Why it has been dialed back, I don't know," Jubal wrote this week.

To read his view of the Department Blog click here.

The Sheriff's Blog is not intended to create controversy; in part it does provide a venue for the Sheriff to give her view on controversial subjects. It is also intended to give the public a look at what members of the Department do day in and day out.  These feature stories Jubal complains about are meant to do just that. The story earlier this week about the Deputies who book inmates into the jail gives a look at a typical shift with the Deputies in the booking area. There have been news stories about them in the past but those were always about complaints people had made against them. To read the Blog story click here.

We don't shy away from controversy, the Blog has included entries in recent weeks about both the CCW issue and the Jail Audit. Those matters are hot right now but tame compared to some of the issues the Sheriff's Department has faced this year and during the last term of former Sheriff Mike Carona.

And just to make it very clear, we will not stop posting stories about Deputies and others in the Department being honored. And we won't take down the eulogy to Cabby, a long valued member of our Mounted Unit.

Regaining a Positive Image

Next Tuesday the findings of the Orange County Jail Assessment Project will be released at the Board of Supervisors meeting. This exhaustive audit, conducted by Crout & Sida Criminal Justice Consultants, is the culmination of extensive onsite evaluations of all five correctional facilities, all court holding facilities, and various divisions and units supporting the corrections mission. The goal was to get an understanding of the operation and the challenges we face each and every day in the safety and well-being of our inmates and staff - and to identify areas on which we can improve.

Throughout this process, the auditing team has communicated with the Executive Command Staff and Corrections Division Commanders on critical issues that required immediate attention. The men and women serving in corrections have embraced these changes - the final report notes, "Staff at all levels is engaged and enthusiastic about the work that they perform in the jail and express pride in their department." The report continues, "[m]any expressed that they are looking forward to moving the department out of the glaring light of public scrutiny and regaining a positive image..." We are well on our way.

As you will hear in the report presentation, there are many challenges ahead. Today more than ever, inmate populations are in poorer health, more drug addicted, more mentally ill and more prone to violence. Additionally, many of the improvements we will need to make on our correctional facilities will require additional funding - a sobering admission as we wrestle with ever-tightening budgets. However, as I've witnessed over the last five months, the men and women in our department will rise to these challenges and pave a way to greater success.

I look forward to the jail assessment presentation next week as it will showcase the extraordinary work we've already accomplished for the residents of Orange County and it will guide us all as we move forward to "regaining a positive image."

SANDRA HUTCHENS

Sheriff-Coroner

On October 24, 1988 Orange County Sheriff's Deputy Mark Tonkin died with seven other law enforcement officers when a helicopter crash during a drug fighting mission.

To see the Department's salute to Deputy Tonkin published in the Bulletin at the time click: tonkin.pdf (1.23 mb)

The Orange County Register published an account of the tragic event shortly after it happened.   

Here is what the Register said:  

8 officers killed in copter crash
Orange County deputy among group involved in a drug-fighting mission
October 25, 1988

Byline:   James V. Grimaldi; Edward Humes

The Register

An Orange County Sheriff's deputy, three local National Guardsmen and four other law-enforcement officers were killed Monday night when an Army National Guard helicopter from Los Alamitos crashed during a drug-fighting mission near the Mexican border.

The UH-1 Huey transport Deputy Mark Steven Tonkin hit a power line while in low-level flight chasing a vehicle, crashed and burned about 9:30 p.m., said Phil Jordan, spokesman for the California National Guard.

The crash was in mountainous terrain near Ocotillo Wells, about 35 miles west of El Centro in Imperial County.

Killed were one deputy each from Orange, Imperial and Riverside counties and two deputies from Los Angeles County. The three-member California National Guard aircrew and their Vietnam-era chopper were from Company D, 140th Aviation Battalion, based at the Los Alamitos Armed Forces Reserve Center, Jordan said.

Two victims were identified this morning: Orange County Sheriff's Deputy Mark Steven Tonkin, 31, of Chino, who worked for seven years with the department and was assigned to the Career Criminal Apprehension Team; and Imperial County Sgt. Richard G. Romero, 39, a resident of El Centro and 14-year member of the Sheriff's office, Imperial County Sgt. Dan Ingle said.

The names of the six others aboard were withheld until their families could be notified.

Orange County Sheriff Brad Gates flew to El Centro immediately after learning of the crash, sheriff's spokesman Lt. Richard Olson said.

The cause of the crash is under investigation by members of the Army Safety Center at Ft. Rucker, Ala., and California National Guard safety officers, who were are on their way to the crash site.

According to a news release, the UH-1H Army helicopter was "on a training mission in support of a drug task force."

Ingle said the law-enforcement officers were involved in a task force Operation Border Ranger, a cooperative border drug-interdiction effort between local and federal authorities, including the Drug Enforcement Administration, Customs and the Border Patrol.

The one-week operation was begun as a joint project of the San Diego, San Bernardino, Imperial, Orange, Los Angeles and Riverside counties, which each sent five or six deputies to take part in border surveillance, said Phil Donahue, head of the state Bureau of Narcotics Enforcement office in San Diego. Donahue said his agency played a support role in the operation.

He said numerous National Guard aircraft were involved and that the Border Patrol also contributed surveillance equipment and manpower to help stop the flow of drugs in a "highly concentrated, one-week operation."

Operation Border Ranger was intended to be covert until the crash, a sheriff's spokeswoman said. The operation was canceled today.

The crash occurred not far from the intersection of old Highway 80 and Interstate 8 at the bottom of the San Diego-Imperial County line mountain springs grade.

Meanwhile in Orange County, the Board of Supervisors ordered that county flags be placed at half-mast to mourn the death of the deputy.

The Board of Supervisors is scheduled to receive the County Performance Auditors Overtime Audit of the County Sheriff-Coroner Department at it's meeting next week.

A key finding of the audit was that:

Total overtime hours over the past eight fiscal years increased from 418,861 hours in FY 00/01 to 831,935 hours in FY 07/08, a total percentage change of 99% or average annual increase of 14%. Total overtime costs also increased during this same time from $18.4 million in FY 00/01 to $47.57 million in FY 07/08, an overall 158% increase or an average annual
increase of 23%.

The 89-page audit was followed by a 19-page response by Sheriff Sandra Hutchens. Both documents were made public today with the filing of the Board of Supervisors Agenda for the Oct. 28 meeting.

Sheriff Hutchens agreed with many of the findings and said some changes are already in place and others are in the works. She also said that the overall problem came about because the Department was faced with a choice of lowering standards to hire more deputies or filling vacant positions with overtime.  

To see the entire audit click here.

To see the Sheriff's Response click here:  

Letter from the Sheriff

State of the Department

Many of you have viewed the State of the Department presentation the Executive Command Staff and I presented to the Board of Supervisors last week. If you missed it, it is available on the Department Blog.

Leadership and accountability are two critical areas that we have been focusing on during our internal review. All of us must be leaders, ready to serve the community and fulfill our obligations to the citizens we protect. Over the last four months we have promoted many individuals to assist us in advancing our goals.

These promotions include one Assistant Sheriff, two Captains, six Lieutenants, ten Sergeants, eight investigators, sixteen Deputy II's and thirty-six Deputy I's.

Accountability is another popular theme that I hear when discussing the Department. As Undersheriff Scott detailed in his remarks at the Board, we are working to institute a monthly critical issues forum known as S.A.F.E., which stands for Strategy, Accountability, Focus and Evaluation. S.A.F.E. will facilitate a program where supervisors and managers report out and are held accountable for crime and risk management issues under their respective commands.

The areas we will review will include citizen complaints, use of force, overtime and crime statistics. We will institute strategies to decrease risk and liabilities in each of the twenty Divisions in our Department, further safeguarding the county and the department.

These are exciting times of reform and transformation and I am thrilled to work with each of you to make this the trusted and respected law enforcement agency the people of Orange County so richly deserve.

Sheriff Hutchens was questioned at length by the Board of Supervisors on Tuesday about her review of CCWs, licenses to carry concealed firearms. The Orange County Register has written two stories since then, outlining the controversy and some of the reasons the review was ordered.

To read those stories, click here and click here.

The Sheriff's statement on her action follows. 

IT’S SIMPLE, IT’S THE LAW         
Sheriff Sandra Hutchens

As a citizen, I support the 2nd amendment and the rights of law-abiding gun owners.  As the Sheriff-Coroner of Orange County, it is my sworn duty to uphold the law and apply it equitably to all people.  Recently, there have been some who have questioned my policy on the issuance of concealed weapon permits.   I would like to take this opportunity to give you the facts.  California Penal Code Section 12025(a) prohibits a person from carrying a concealed firearm.  California Penal Code Section 12050 authorizes the Sheriff of a county or the chief of a municipal police department to issue a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person.   Penal Code Section 12050 was designed to be an exception to Penal Code section 12025(a)—not a way around it. 

Penal Code Section 12050 reads in part:  The sheriff of a county, upon proof that the person applying is of good moral character, that good cause exists for the issuance, and that the person applying satisfies any one of the conditions specified in subparagraph (D) and has completed a course of training as described in subparagraph (E), may issue to that person a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person ………

The only guidance on “good cause” is from a 1977 Attorney General’s opinion :  Opinion No. CR 77/30I.L. states “the issuing authority must determine whether the threat to the applicant (or other causal situation) is as real as the applicant asserts (e.g., is there a clear and present danger to the applicant, his spouse, his family, or his employees).    Finally, if the danger is manifest, the authority should determine whether that danger cannot be significantly alleviated by alternative means of security and whether in fact can be lawfully mitigated by the applicant’s obtaining a concealed weapons license.”

As the Sheriff-Coroner of Orange County, it is my duty to follow the law as it currently exists.  Some have argued that I am somehow impacting their 2nd amendment constitutional rights.   This could not be further from the truth.    My decision to issue or not issue a concealed weapons permit to an applicant in no way impacts that individual’s right to bear arms in their place of business or in their home.      In fact, I would encourage those who are concerned about the concealed weapons permit policy to put their energies into getting the law changed.   And, if the State of California decides to change Penal Code section 12025(a), I will support that law as well.

I encourage anyone who believes they have good cause to apply for a Concealed Weapons Permit to apply.      It’s simple: The decisions I make and those made by the over 4000 members of the Orange County Sheriff’s Department are to follow and uphold the law.  I believe that is what the citizens of Orange County want us to do and what I was hired to do.

Sheriff Sandra Hutchens gave her 120-day report to the Board of Supervisors on Tuesday, with her Command Staff outlining for the Supervisors the specifics of changes and plans that have been undertaken since she was sworn into office.

The PowerPoint presentation that was given the the board follows:

State of the Department - Oct 7 2008.pptx.swf (2.75 mb) 

For the Orange County Register's story on the Sheriff appearing before the Board of Supervisors click here.

Sheriff Hutchens held a press briefing on her presentation to the Board of Supervisors.

For the Orange County Register's story on the briefing click here. 

For the Los Angeles Times story on her briefing click here. 

        Stephen J. Connolly  

                                         Executive Director                                                                    

OFFICE OF INDEPENDENT REVIEW:  An Introduction  

  I.          Creation of OIR 

The Office of Independent Review (“OIR”) was established by a County Ordinance that the Board of Supervisors passed in February of 2008.  The creation of OIR ended a process that had begun several months earlier, when the Board began to explore the possibility of bringing formal civilian oversight to the Sheriff’s Department. A working group with representatives from several County entities had recommended the adoption of the OIR model, which has been operating in Los Angeles County since 2001.  As articulated in the Ordinance, the mission of OIR is to “monitor, assist, oversee and advise” the Orange County Sheriff -Coroner Department (“OCSD”) in its handling of critical incidents and allegations of employee misconduct. 

Once the Office had been formally created, the County engaged in a selection process for an “Executive Director” to lead OIR.  That process culminated with the approval of an “Agreement for Special Legal Services” between the County and Stephen J. Connolly, executed on August 5, 2008 with a commencement date of September 1, 2008.

The OIR model of civilian oversight has several core principles:

• Integration into law enforcement’s own review process:  Rather than creating a parallel or competing mechanism for addressing critical incidents and allegations of misconduct, OIR brings an outside perspective to the OCSD’s existing protocols.  It recognizes that law enforcement is, in many ways, best situated to address these situations, not only because of its resources and expertise, but because it must take managerial responsibility for its findings and decisions.  At the same time, inclusion of an independent, outside perspective is meant to strengthen these processes and enhance public confidence in their legitimacy.

• Full-time commitment of oversight personnel:   This ensures the level of involvement needed to maintain productive relationships, stay apprised of relevant developments (both internal and external to OCSD), make informed assessments regarding individual cases and OCSD practices, and ensure appropriate follow through.

• Access:  The attorney-client relationship between OIR lawyers and both the County and OCSD allows OIR lawyers and personnel to have access to investigation files, records and meetings while maintaining the confidentiality of those materials.  OIR personnel respond in person to critical incidents, consult regularly with OCSD decision-makers, and have the unfettered ability to review OCSD operations.   (The cooperation of OCSD is obviously critical in this regard, and has been forthcoming.)

• Independence:  The Executive Director and other professional staff members of OIR (no more than two (2) staff attorneys and an “investigations analyst”) are independent contractors.  They are not employees of the County or part of the OCSD chain of command.  This helps OIR maintain appropriate “arm’s length” relationships and objectivity in its assessments and recommendations, and increases public confidence accordingly.

• Transparency:   OIR serves as a conduit between the public and OCSD. It seeks to represent the public’s interest and perspectives when monitoring individual cases or promoting reforms, and to provide explanation and insight to the public concerning the Department’s actions.  Reporting about the Department’s handling of critical incidents, allegations of misconduct, and reform initiatives is an important dimension of OIR’s responsibilities. More...

Deputies Mark Wehrli and Brian Gunsolley were honored by the Orange County Board of Supervisors for their heroic actions on August 10 when they saved a distraught woman who was dangling over an overpass on the freeway in Laguna Hills.

Copies of the resolutions were presented to the deputies by Supervisor Pat Bates, who credited the deputies with saving the life of the 24-year old woman.
Deputy Mark Wehrli also credited CHP Officer Rob Rand for the successful effort.

He gave this account of his action that day to the Board of Supervisors:

Officer Rand and myself walked along the ledge. When I looked at the next day, it was only about a two inch ledge. It seemed much bigger at the time. Officer Rand grabbed one part of her right arm I grabbed just above it. We held on to her while we were holding onto the fence. I was holding her with my left hand and holding onto the fence with my right arm. And just after we grabbed on to her, she let go and she was off the ledge, dangling. I didn’t realize that until later when I saw a video from down below looking up. She was kicking her legs and screaming at us to let her go. Just to let her drop. Which, you know, I’m not about to do. We held on to her. After a few minutes I was losing my grip.  Sgt. (James) Fouste was holding on to me. I have to thank him for keeping me alive. He’s the reason I’m here today.  We started losing her.  She was slipping out of our grasp. That’s when Deputy Gunsolley climbed over the fence, amazing. He grabbed hold of her other arm and helped us hold her against the fence.

Deputy Brian Gunsolley:
Good morning. This was a group effort. I wouldn’t have climbed over that fence if I didn’t know that I had a few deputies behind me to hold on to me. When I saw Deputy Wehrli and Officer Rand struggling with her and I saw she may take them off that ledge as well, it was a scary moment. It was one of those moments where you have think very quickly and act very quickly in order to solve the problem and have a good outcome.  I felt the only way to do that was for someone to get on the other side. I was there. It was my turn. So I climbed over the fence and got on that other side. I held on to her. She fought us. She wanted to fall. And we just hung on to her with every bit of strength we had until the Fire Department could come. We actually had about three-seconds left and she was going to drop. We were getting sweaty at the time and she was about to drop. She actually pushed off the ledge with her feet. That actually helped us, when she pushed from the ledge we used her body against her. We had her and held her until the Fire Department came and put a ladder up behind us.  We lowered her down after that.

To read the Resolutions click here: 

Stephen J. Connolly is excited about his new job as Executive Director of the Office of Independent Review and said he plans to become a familiar face as an outsider within the Department. 

He said that his role has been confused in the arenas of politics and the press and that he sees his mandate as one of working to help the Department by ensuring the Department properly polices itself.

“I will not be conducting my own investigations. Our philosophy is that the Department in many ways is best suited to review and address critical allegations of misconduct,” he explained.
“I’ll have access to Department investigators and I will talk to Department decision makers,” he said. “I will have a front row seat, able to access files and determine the thoroughness of an investigation and the reasonableness of the resolution.”

Mr. Connolly, 44, was born and raised in Salem, Massachusetts and graduated from the College of Holy Cross in Worcester, Massachusetts.  After college he did volunteer work with disadvantaged youngsters in the inner city sections of Syracuse and Brooklyn, New York. He married and moved to Long Beach in 1987.

He and his wife worked as teachers in a Catholic School and he obtained a Masters Degree in English Literature from UCI. The couple is raising three children: Two girls are aged 18 and 16 and their boy is 12. While working as a teacher and raising his family, Mr. Connolly spent four years attending night classes at Loyola University School of Law in Los Angeles.  He had harbored an interest in law since elementary school. One of his teachers was adjunct professor Michael Gennaco, a federal civil rights prosecutor who would later be named the first executive director of the Office of Independent Review for the Los Angeles Sheriff’s Department. More...

Letter from the Sheriff

Department Transformation

Many changes and additions to our operation have been announced over the last few weeks. Just this Tuesday, the Board of Supervisors hired Stephen Connolly to serve as the Executive Director of the Office of Independent Review - an independent office that will review our critical incidents and internal investigations and provide reports and recommendations on our operations. We also recently announced our new Command Staff and are now undertaking an evaluation of our organizational structure.

During this transition and assessment, our priority is to identify ways to make our department operate more efficiently, while enhancing the diverse services we provide to the county. Rumors abound as to what changes will be occurring, but I can assure all of you that nothing has been set in stone. I view this organization as a living one – one that will continue to evolve as we move forward. Over the next few weeks I will be meeting with Division Commanders individually, and I will continue to visit many of our facilities to get feedback and ideas on our strengths and challenges.

I sincerely appreciate your patience and continued focus on serving our residents. I will continue to keep you informed as we move forward.

SANDRA HUTCHENS

Sheriff-Coroner

Stephen J. Connolly was selected by the Board of Supervisors to head the Orange County Sheriff's Department Office of Independent Review.

Connolly, 44, is a former school teacher who graduated from Loyola University Law School and joined the California Bar in 2000. He served on the Rampart Independent Review Panel before joining the Los Angeles Sheriff's Department Office of Independent Review.

He said that his role will be to review the Sheriff's Department internal review procedures and make recommendations for improvements, as well as to look at individual cases that are being reviewed. He serves the Board of Supervisors and will make quarterly reports to the Board on his activities. Some of those reports will be in closed session but he said that his goal will be to provide transparency to the Sheriff's Department will providing individual sworn officers with all of the protections provided under California law.

They approved his being hired as an independent contractor for a 3-year term at $210,000 a year. He will oversee an operation with an annual budget of $750,000 and may include two other attorneys and an investigative analyst.  The investigative analyst will likely be a retired law enforcement officer with knowledge of internal investigations and credibility with the Department personnel.  

Sheriff Sandra Hutchens gave these remarks to the Board of Supervisors about the selection of Mr.Connolly.

Good Morning Chairman Moorlach and Honorable Board Members: I am here to let you know that the men and women of the Orange County Sheriff’s Department welcome this new level of oversight and transparency in our operation and the services we provide our residents each and every day.

There is a perception by some in our community that much is broken in the Orange County Sheriff’s Department. I can tell you that this perception cannot be further from the truth. The majority of the men and women on the department are hard working, ethical and professional employees dedicated to serving out our mission with the highest standards. But events of the past have sullied their reputation and cast a shadow on their extraordinary work. 

The Office of Independent Review will assist all of us in once again restoring public trust in our words and deeds, while serving as a catalyst to improve performance so that we can become a better, stronger department – the best law enforcement agency in the nation. 

I met with Mr. Connolly last Friday and I assured him that he would have access to every resource available to assist him as he sets up his office and transitions into his new role as the Executive Director.  We look forward to working with Mr. Connolly and his office as we move the Orange County Sheriff’s Department into a better and brighter future for our employees and the residents we serve. Thank you. 

To view Stephen J. Connolly's bio on the Los Angeles Office of Independent Review Website click here:

The Orange County Office of Independent Review will be patterned after the Los Angeles Sheriff's Department Office of Indpendent Review. To view samples of the Los Angeles office's reports click here.