Can Jack Anderson Be Named Acting Sheriff?
Posted by: Jubal | 01/14/2008 4:24 PM
As I mentioned in a previous post, Board of Supes Chairman John Moorlach raised the issue of whether state law permits still-Sheriff Carona to name Assistant Sheriff Jack Anderson as the Acting Sheriff (I hope to have video of the press conference up in about an hour).
The question turns on how strictly or permissively one reads California Government Code 24105:
I spoke with Moorlach's Chief of Staff Mario Mainero a little while ago. In his view, the code doesn't allow for Sheriff Carona to pick one of several Assistant Sheriffs as Acting Sheriff; it has to be the Assistant Sheriff, and OC doesn't have just one.
Of course, Mike Carona is still sheriff for a few more hours and could straighten the whole matter out by simply appointing Anderson as Undersheriff remove any legal confusion around this one aspect of his reign.
The question turns on how strictly or permissively one reads California Government Code 24105:
If the office of any of the county officers enumerated in Section 24000 of this code is vacant the duties of such office may be temporarily discharged by a chief deputy, assistant or deputy of such officer, as the case may be, next in authority to such county officer in office at the time the vacancy occurs, with like authority and subject to the same obligations and penalties as such county officer, until the vacancy in the office is filled in the manner provided by law; provided that if the vacancy occurs in the office of sheriff, the duties of such office shall be discharged by the undersheriff, or if that position is vacant, by the assistant sheriff, or if that position is also vacant, by the chief deputy next in line of authority.The crux of the problem is this: as of today, the OCSD doesn't have an Undersheriff as of today, just four Assistant Sheriffs - one of whom is Jack Anderson.
I spoke with Moorlach's Chief of Staff Mario Mainero a little while ago. In his view, the code doesn't allow for Sheriff Carona to pick one of several Assistant Sheriffs as Acting Sheriff; it has to be the Assistant Sheriff, and OC doesn't have just one.
Of course, Mike Carona is still sheriff for a few more hours and could straighten the whole matter out by simply appointing Anderson as Undersheriff remove any legal confusion around this one aspect of his reign.
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Mike Carona
Mr. Ayer registered as a Republican to be electable in an interim election with no incumbents. He did...
You shoulda kep your mouth shut...now he will make someone Under Sheriff...
Oh Great. I can see where this is going. Galinski steps aside. Carona selects Anderson who is a Carona loyalist and political hack who is on the executive Board of the OC Republican Commitee. (read Schroeder pal). Meanwhile T-Rack talks about all the great stuff he and Anderson have done (read Mrs. Schroeder). Then the “Sheriff’s Dept” (Anderson) issues a glowing resume that says he has a Masters (well almost). Isn’t this the same guy who I heard showed up at San Clemente City Council in uniform (Brown Act?) to dissuade any endorsement of Hunt? OMG. History doesn’t repeat itself does it?
Given the circumstances, I hope that the departing Sherriff does not have a say in who will be the interim. It would not look good or present a picture of turnaround from corruption charges if those who have been charged name replacements.
I would like to find out more of those who would be interested in the position but at first take I would like to see a serious consideration given to Hunt.
If memory serves correctly, some of those items that have come out during this process where the same ones Hunt was claiming.
Someone had written in another post that there was an 18 page explanation as to why Hunt was demoted. Does anyone have a link to such document? I would like to see who wrote the report, who collaborated it, and was it really an in-depth attempt to self justify the actions against someone who took a stand against Corona.
Richard Rios