San Mateo County staff outlines timeline, options for sheriff removal under Measure A

County staff summarized how San Mateo County would fill a vacancy in the sheriff's office under the newly adopted Measure A and the county charter.

The county's presentation to the Independent Civilian Advisory Commission on the Sheriff's Office said the Board of Supervisors must act within 30 days of a vacancy to either appoint a replacement or order a special election. If the board does not act, the county's chief elections officer must order a special election. The special election must be held not less than 102 days and not more than 131 days from the order calling the election, unless a regular election falls within 270 days of the order, in which case the replacement election could coincide with that date. If the board appoints someone, the appointee would serve until January 2029, when the regularly elected sheriff takes office.

The explanation cited the San Mateo County Charter (section 4.15) and state election law requirements for certification and timing. County staff also noted the next relevant regular election date as June 2, 2026, which could affect scheduling.

Why it matters: The timeline and choice between appointment and special election determine who temporarily leads the Sheriff's Office and how quickly voters could select a successor. Commissioners and members of the public pressed for clarity about the notice, hearing rights and any legal limits on the board's choices.

Discussion and public comment added context but did not change the legal outline. Resident Eric Sapp told the commission he thinks Measure A and its application raise unresolved legal questions, including whether applying the charter amendment retroactively to actions predating its adoption is constitutional. The staff response said the county elections office must certify results before the board can begin the removal process and that certification typically completes within 30 days. The board will then accept the results and direct the steps for a removal hearing, including providing the sheriff a written statement of grounds and an opportunity to respond in writing and in person.

Commissioners asked staff to research whether specific Government Code qualifications for sheriff candidates apply when the board exercises its appointment authority; staff said it would follow up.

The commission did not take a formal action on the removal procedure during the meeting. Staff said additional procedural details, and any public hearings the Board of Supervisors schedules, will determine the ultimate timeline.

Ending: County staff recommended the commission expect a multi-step timeline (election certification, board approval, then a 10-day wait for the charter amendment to become effective) and noted the board would develop the public hearing process for removal. The commission and staff agreed to return to related questions, including statutory candidate qualifications, at a future meeting.