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San Mateo County presents draft procedures to implement Measure A sheriff-removal process
Summary
County staff and outside counsel described draft procedures for removal proceedings under San Mateo County Charter section 4.12.5, explaining a multi-step process that would require four-fifths board votes to initiate and finalize removal; sheriff’s counsel and public speakers raised due-process, standard-of-proof and impartiality concerns.
San Mateo County officials on an informational agenda item outlined draft procedures for removal proceedings authorized by Measure A, the charter amendment adding section 4.12.5 to the San Mateo County Charter that gives the Board of Supervisors authority to remove the elected county sheriff for cause.
The proposed procedure would require the Board to vote by a four-fifths majority to initiate a removal, issue a written notice of intent to remove, hold a pre-removal conference, and—if the matter moves forward—allow the sheriff to request a full evidentiary removal hearing presided over by a mutually selected hearing officer. "First, in order for the board to initiate the removal procedure, they have to act by a 4 fifths vote, to start the process," Alfonso Estrada, partner at Hanson Bridgett LLP, told the Board during a presentation on the draft rules.
Why this matters: the charter amendment is scheduled to become effective after lodging with the Secretary of State and the lapse of the statutory posting period; the rules the Board adopts will determine how the county balances due process for the sheriff, public access, and county operational continuity during any removal proceeding.
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