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County counsel: court denied injunction; board may appoint or call special election within charter timeline
Summary
County counsel told the supervisors a court denied a request to stop the board from acting and summarized charter limits on special election timing, including possible dates in early 2026; counsel also noted appointees must meet Government Code POST or experience requirements and be county residents.
County Counsel Niblin told the Board of Supervisors the Superior Court denied a motion by the former sheriff to enjoin the board from taking action, "clearing essentially cleared the way for the board to take action to fill the vacancy." Counsel summarized the charter's special-election timeline and provided dates the board could consider if it chose to call a special election.
Under the county charter the board must call a special election within a prescribed window and the election must take place at least 102 days after the order calling it (with a possible extension up to 270 days under certain conditions). Counsel listed potential calendar options to meet charter timing: Feb. 24 or March 3, 2026; April 14, 2026; or June 2, 2026 (the June date could be a consolidated special election with the primary). Counsel added that any appointee would need to meet the statutory qualifications in the Government Code, which may include an advanced POST certificate or equivalent recent full-time law-enforcement experience and appropriate educational credentials.
The legal explanation framed the board's choices: the court's order removes a procedural obstacle, but the charter and state law constrain how quickly and by what mechanism the vacancy can be filled. Supervisors pressed for clarity on residency and certification requirements; counsel said residency in San Mateo County is required for anyone who assumes the office.
