(From
December 10, 2013)
By
Victor Meier
(Below: Photo of an Exhibition at Burning Man)
During
the Mono County Board of Supervisors Meeting today, Mono County Sheriff Ralph Obenberger
addressed the council in a very frank manner reminding the Board of Supervisors
that it “does not determine the type of law enforcement services provided to
the citizens and/or visitors of Mono County, that is the purview of the
Sheriff.”
In
his open letter to the Board of Supervisors as well as the citizens of Mono
County, the Sheriff wrote, “The Board of Supervisors has two responsibilities
in dealing with my Office. One is to provide a yearly budget and the second is
to authorize the number of employees. These responsibilities are delineated in
California Government Codes and within those codes it specifically states that
the Board shall not affect or obstruct the independent functions of the
Sheriff.” This was clearly in response the Board members questioning of his
office’s tactics during the December 3, 2013 Board Meeting.
(Generic Photo Below)
However,
the California Government Code explains the relationship more in depth and in a
little different light. California Government Code 25303 does state what the
honorable Sheriff claims it says. Though, it also reads that “The board of
supervisors shall supervise the official conduct of all county officers, and
officers of all districts and other subdivisions of the county, and
particularly insofar as the functions and duties of such county officers and
officers of all districts and subdivisions of the county relate to the
assessing, collecting, safekeeping, management, or disbursement of public
funds. It shall see that they faithfully perform their duties, direct prosecutions
for delinquencies, and when necessary, require them to renew their official
bond, make reports and present their books and accounts for inspection.”
(Generic Photo Below)
After the Sheriff concluded with the Board he walked
out with five uniformed officers and another ten, plain clothes individuals.
Clearly there was a message intended to be sent. According to the Sheriff’s
Office, the people present during the Board
Meeting Tuesday were in the Board Room to show their support of the Sheriff and
his office.
An unnamed Mono citizen offered their support to the Sheriff
and was quoted in the Sheriff’s letter as saying, “I wonder how many date rapes
didn’t occur because you took the drugs off the street.” This display of
ignorance about rape and crime only perpetuates the stereotypes that lead to
police profiling.
The incidents of rape relating to drugs are not a
prevailing concern. In America, according to the US Department of Justice, 87%
of rapes were done so by force alone and 2/3 of all sexual assaults are
committed by someone known to the victim. Preventing rape and sexual assault
requires real police work and investigation into domestic disputes and child
endangerment issues. Not from busting the Burning Man Neo-Hippies. This hysterical overreaction followed by erroneous assertions stem from some conditioned Reefer Madness propaganda that resides nowhere near reality. Besides, in a
county that relies heavily on tourism revenue, we should be considerate and
more inviting. What if Napa County started randomly stopping people with no
probable cause other than their proximity to alcohol?
As the Board members stated their concerns and
objections to the idea of sobriety check points in Mono County the Sheriff
expressed his direct and open objection by aggressively interrupting and then forcefully stating that the
check points in question where constitutionally upheld by the Supreme Court.
Speed traps and sobriety check points have been upheld by the California
Supreme Court and commonly come under fire as entrapment; even so, the
Sheriff is correct in his assertion. He could have done so in a much more respectful and tactful way though.
(Generic Photo Below)
Intrigued, I personally contacted the Sheriff’s Office to ask some questions and they were
so kind as to respond candidly with these answers: (All answers are in their
original form with no editing.)
Q.
In your letter you state that the Sheriff’s office is an independent, constitutional
office. What do you mean by that? What is a "Constitutional Office"?
A. A constitutional office is one that is operated and run by an
elected official. Every member of this Office has taken an oath to uphold the
Constitution of the United States and the Constitution of the State of
California.
Q.
Is it not the function of the board to supervise that county and therefore
their solemn duty to call into question actions they do not support?
A. The Board of Supervisors has the right to their opinion, and
those of their constituents. They do not have the right to dictate how the
Sheriff’s Office conducts their operations and performs their law enforcement
duties throughout the county.
Q.
I counted 14 empty chairs after the Sheriff spoke yesterday then exited with
most of the people in the room; including five uniformed deputies. What was the
purpose of that showing?
A. The men and women that were in the Board room on Tuesday, were
there to show their support to Sheriff Obenberger and the Mono County Sheriff’s
Office. Everyone
present showed up on their own accord and were not required to be there by
the Sheriff in any way. The purpose of the “showing” was of support for the
department.
Q.
During that display of participation how many officers were on duty and
patrolling?
A. There was no lack of patrol coverage throughout the “showing” in
the Board room. All staff members present are assigned to the Bridgeport area,
and Bridgeport offices. Other department members were there to show support on
their own time and day off. There was absolutely
no interruption to public
safety during the time in question.
Q.
Does it concern the Sheriff to take deputies away from police work in order to
place them in a centralized location?
A. The Sheriff did
not take any deputy away from
performing police work and ensuring the safety of our public for the time in
question. As stated above, there was
absolutely no interruption in
our patrol force and to public safety.
Q.
When conducting sobriety check points are deputies taken away from patrolling
during that time? How many officers are on patrol during sobriety check points?
A. The Mono County Sheriff’s Office does not conduct sobriety
checkpoints.
Q.
How do feel about the assertion that conducting sobriety check points during
the "Burning Man" festivities is profiling?
A. As previously stated, the Mono County Sheriff’s Office does not
conduct sobriety checkpoints. For any assertions you are looking for, you will
need to contact an agency that conducts these sobriety check points.
(Below: Image from Reefer Madness)
This statement is concerning to me as the Sheriff’s
letter openly discussed the use of what they themselves called "sobriety check points". The Sheriff’s
statement is quite emphatically in opposition of that statement, though. Ultimately, it appears as
if all is not amicable amongst Mono County leadership. There is a difference
between checks and balances and actually regulating the actions of law
enforcement and impeding its ability to protect the residents of Mono County. That in clearly not the case and from where I stand not a genuine concern. Furthermore,
even though ruled constitutional the debate still occurs as to just how legal
these checkpoints actually are. Laws that permit checkpoints are certainly not
set in stone and are increasing becoming publicly unfavorable. In this journalist’s
educated opinion, checkpoints are not a hill worth perishing on. Moreover, I personally
don't want to live in a police state where we are no longer innocent until
proven guilty but rather increasingly assumed guilty and charged with proving
our innocence.
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