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County attorneys outline process if San Mateo sheriff's office becomes vacant; commissioners, public ask about selection criteria

2246622 · February 6, 2025
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

County counsel summarized legal line of succession and the Board of Supervisors' appointment authority if the sheriff's office becomes vacant; commissioners and public asked about job qualifications, timeline and protections for staff and the public.

County counsel explained the statutory process for covering a vacancy in the office of sheriff and said any interim fill is temporary until the Board of Supervisors appoints someone to serve until the next general election.

A county attorney’s presenter summarized the applicable California Government Code provisions: on vacancy the under sheriff, or if that office is vacant the assistant sheriff or next most senior chief deputy, immediately discharges the sheriff’s duties in the short term. The board "shall fill by appointment" any vacancy in elective county offices and the appointee serves until the first Monday after Jan. 1 following the next general election. At the meeting county staff used the 2026 gubernatorial election dates as examples: voters in November 2026 would elect a replacement who would be sworn in the first Monday after Jan. 1, 2027.

The presenter said the board must act within a reasonable time and may not allow a temporary acting official to continue for an indefinite, protracted period. The board cannot call a special election to fill the vacancy before the next general election; in practice, county counsel said the board appoints an interim who serves until the elected successor takes office.

Commissioners asked procedural questions. One commissioner asked whether the Board of Supervisors is free to set public interviews or another appointment method; counsel said the board may proceed however it likes but that interviews or candidate reviews done by the board must occur in public. Commissioners also asked whether the county maintains a job description or additional hiring standards beyond state statutory requirements; county counsel said they would research county‑specific requirements and provide follow‑up.

Public commenters, including current and former county residents and staff advocates, raised concerns about the working environment in the Sheriff’s Office and asked that any interim or appointee emphasize rebuilding trust and creating a healthy workplace. Deacon Lauren Patten McCombs and Nancy Goodban urged attention to deputy morale and to leadership skills that support both sworn and civilian staff; McCombs opened her remarks with a prayer and said deputies currently report "anxiety, intimidation, and fear" in the workplace.

The commission did not appoint or endorse any candidate at the meeting. Commissioners asked staff for follow‑up on whether the county has written job qualifications beyond state statutory minimums and for possible timelines the board might use in the event of a vacancy.