San Mateo County counsel told the Independent Civilian Advisory Commission that if the office of sheriff becomes vacant the undersheriff — or, if vacant, the assistant sheriff or next chief deputy in line — will immediately discharge the duties of sheriff, but the Board of Supervisors is required to appoint someone to fill the vacancy until the next applicable general election.

A county attorney’s presentation summarized the relevant state law: "If the office of the sheriff becomes vacant, the duties of the sheriff shall be discharged by the under sheriff, or if that position is vacant, by the assistant sheriff or the next chief deputy in line of authority," the county attorney said. The county attorney added the Board must fill vacancies "by appointment" and that the appointee serves until the first Monday after the next general election. The presentation cited an Attorney General opinion and identified the next relevant statewide general election as Nov. 23, 2026; an appointee would serve until Jan. 5, 2027, the county attorney said.

Commissioners asked procedural questions about how the Board would select an appointee and whether the undersheriff could be appointed; county counsel said the Board may determine its own process and may hold public interviews, but any interviews would have to be conducted publicly. Counsel also noted that an appointed interim sheriff would have the same legal obligations as an elected sheriff and that the sheriff would be entitled to notice and an opportunity to be heard should the Board seek removal following a special election.

Public commenters urged attention to staff morale and the importance of a transparent appointment process. Deacon Lauren Patton McCombs of Fixing San Mateo encouraged the commission to consider deputies' workplace climate: she said many deputies feel "anxiety, intimidation, and fear" and urged a smooth, healthy transition if the sheriff's office becomes vacant. Nancy Goodman, a Fixing San Mateo County volunteer, said employees "deserve a good and strong healthy working environment" and said that any interim appointee should be able to build supportive relationships with sworn and civilian staff.

County staff and commissioners discussed that the commission's post‑Measure A communication plan should be ready promptly after the special election so the commission can advise the Board on transparent next steps if voters authorize the Board to act. Commissioners said public outreach and a clear timeline for Board action would help the community understand any appointment process.