FULLERTON, CA—Jones Mayer is pleased to announce the successful defense of the Sonoma County Sheriff and his office in an overreach attempt by the local law enforcement review board. The case, In re Independent Office of Law Enforcement Review and Outreach Whistleblower Case No. 23-W-001, Sonoma Superior Court Case No. 24CV04208, was brought by the Independent Office of Law Enforcement Review and Outreach (IOLERO) of Sonoma County asking the court to enforce subpoenas issued by IOLERO requesting deputy personnel records in connection with the investigation of a whistleblower complaint related to the Sonoma County Sheriff’s Office.
Jones Mayer Partners Denise Rocawich and James R. Touchstone represented the Sonoma County Sheriff’s Office and Sheriff Eddie Engram in the case.
The Sonoma County Superior Court determined that the IOLERO did not have statutory authority to issue subpoenas to other entities or individuals to investigate whistleblower complaints. While the County Ordinance creating IOLERO gave IOLERO subpoena power in certain circumstances, it did not give subpoena power in connection with investigations of whistleblower complaints. And while Government Code section 25303.7 gives broad subpoena power, that statute did not apply to IOLERO, which was neither an oversight board or inspector general as those terms are defined by that section. Finally, the court determined that IOLERO’s powers were further limited by certain Memorandums of Understanding.
“We’re pleased that the court recognized that IOLERO’s actions exceeded its authority under both statutory law and negotiated contracts,” says Denise L. Rocawich.
About the Attorneys
Partner Denise Rocawich is in the litigation department of Jones Mayer. She practices in state and federal court representing municipalities and their respective police departments throughout California. She earned her J.D. from Loyola Law School, Los Angeles. Email her at dlr@jones-mayer.com.
Partner James R. Touchstone is the manager of the litigation department at Jones Mayer. His practice areas include litigation of civil rights actions and police representation, as well as others. He received his J.D. from the University of California, Davis, School of Law. Email him at jrt@jones-mayer.com.
About Jones Mayer
The law firm of Jones Mayer is devoted to serving public entities throughout California. Its clients include city and county governments, councils of government, state and local law enforcement agencies, utility districts, and more. The firm has offices in Fullerton and Citrus Heights. To learn more about Jones Mayer, please visit jones-mayer.com or call (714) 446-1400.