When I interviewed Supervisor Chris Norby on November 5, he said if Sheriff Mike Carona asked him what to do, he'd say resign:

Today, in his "Norby Notes" newsletter, he makes it official:

Chris Norby Sheriff: Only One Best Option
The federal criminal indictment against Sheriff Michael Carona has placed a cloud over Orange County’s largest department. Only the Sheriff can lift this cloud by resigning his position and allowing the Board of Supervisors to appoint new leadership. So far he is seeking vindication through the looming trial, but the judicial process may take many months and will, at the very least, reveal serious issues in the department’s leadership.

It is true, as the Sheriff asserts, that his chief accusers are men who are themselves confessed felons. But these are the very men—George Jaramillo and Don Haidl—who the Sheriff installed at the highest levels of leadership and who’s admitted felonious activity happened under the Sheriff’s supervision. This trio is the Sheriff once described as the “Team Forever”.

All elected officials have been subjected to false charges and many to nuisance civil lawsuits. But a federal criminal indictment is quite rare. While all Americans are accorded to presumption of innocence, elected officials have a much higher bar.

The past Board of Supervisors has its share of culpability. On December 15, 1998, at Sheriff Carona’s request, the Board voted to abolish the previous qualifications for Assistant Sheriff, opening the gate for Haidl and Jaramillo. No one on the current Board was part of that action, but we must act now to restore those professional standards.

In his own words, Sheriff Carona has taken a “60 day leave of absence.” In reality, he still holds title to Sheriff, retains his salary and all powers related to the office. The only way to relinquish them is to resign. As elected officials, we derive our titles and powers from the voters. We can resign permanently but cannot step aside temporarily. We’re either in office, or not.

The Sheriff also designated Joanne Galisky as “Acting Sheriff” (his term) with day-to-day operational responsibilities. Galisky has been with the department 23 years and serves as Under-Sheriff with Carona. But she cannot be “Acting Sheriff”. There is no such title in law. Only the duly elected Sheriff can be Sheriff, until his term expires, he resigns or is recalled.

Should he resign, the Board would appoint a successor, having all the powers of Sheriff. Until then, there is great public confusion as to who is really operating the department. What happens after the 60 day leave of absence? By then, the trial may not even have begun and could last well into next summer.

To address this, the Board of Supervisors considered a ballot measure that would empower us to place an indicted Sheriff (or any other county elected official) on paid administrative leave and appoint an interim department head. That interim would have all powers as Sheriff, D.A., Treasurer, or to whatever post was affected. This would have also applied to Supervisors. It wasn’t perfect but would have assured smooth transfer of authority during a crisis. Critics said it gave the Board too much power to punish politically unpopular officials, but it would only apply to those who had been criminally indicted, which is quite rare.

The measure failed on a 3-2 vote, with Supervisor Moorlach and I supporting it. We both wanted to place this on the February ballot to give the voters some recourse in the current unfortunate situation, and others that might arise. Without such a tool, the Board of Supervisors can do very little other than non-binding resolutions or individual calls for resignation.

My office has been flooded with calls and emails, running 9-1 for us to take action regarding the Sheriff’s Department. Overwhelmingly these are messages of outrage, concern and embarrassment, all of which I share.

The Sheriff’s deputies who patrol our streets, guard the jails and solve crimes will continue to do their duty regardless of top management. But there are many long-term projects and budget decisions that need the attention of a full-time Sheriff empowered to act and plan for the long-term. Let us hope we get one soon.