Sheriff’s deputies mull recalling or removing their union’s leadership.

Last fall, the law firm that represents the sheriff’s union sent a most unusual letter to Monterey County Deputy Counsel Janet Holmes.

In it, attorney Shawn B. Collins of the firm Mastagni Holstedt, who is representing four detectives and a commander who were being investigated for drinking on the job, laid out a list of information he was seeking. Collins made his request in advance of his clients’ Skelly hearings – a due process procedure that allows public employees to learn about the allegations against them, refute them and perhaps rehabilitate themselves before facing discipline or firing.

A lot of what Collins sought was routine. But at the end of the letter, came this gem: Collins wrote he wanted “any communications between Sheriff Steve Bernal and anyone in his employ or under his command, with the numerous media outlets who have reported on these confidential (internal affairs) investigations.” Collins wrote his request included all communications stored on personal or business devices.

In other words, the attorney representing the interests of about 300 DSA members wanted access to the text messages, voicemails, call logs, private chats and emails of not only its own membership, but of anyone who works for the Sheriff’s Office – including nearly 130 additional employees who belong to the SEIU – all to find out who was blabbing to KSBW’s Felix Cortez about their bidniss. And there’s legal precedent to say they might have to turn it over.

The majority of the deputies didn’t know of the request by its own union. At least not until Sheriff’s Cmdr. John Thornburg sent an email to all deputies on Dec. 5 asking everyone who had any communication with any media outlet concerning any internal investigations in the past five years (including electronic communications) to give him a heads up. SEIU officials were also unaware their members communications were being requested by the sheriff’s union.

Saying that Collins’ request pissed off a healthy portion of the DSA membership would be an understatement. One or more deputies wrote a letter last week, sent to every deputy and DSA President Dan Mitchell, demanding answers. A chief complaint – why the union seeks to do something potentially harmful to its members.

Mitchell is quoted in this union-wide letter denying the law firm had made the request. “I can tell you Mastagni did not ask for the entire membership contact with the media. That is a falsehood. The law firm did want to get to the bottom of who released (name redacted) and (name redacted)’s IA information. Anyone telling you this request came from the law firm is exaggerating,” Mitchell writes.

I’ve seen the request from Collins to county counsel. It’s in there.

The anonymous letter sent to Mitchell outlines a litany of complaints about how the union is handling its business. The complaints include allegations of wild overspending on everything from board members dining out (nearly $7,000 in 2017, up from $2,900 in 2016) to office expenses, including rent on a new office in Oldtown Salinas ($21,000 for the expenses, $39,000 on rent, up from $620 and $4,700, respectively, in 2016) and outside services ($53,000, including $28,250 for long-term planning to Christian Schneider, who is also consulting on Deputy Scott Davis’ campaign to oust Bernal in the upcoming sheriff’s election). In 2016, the DSA spent $4,200 on outside services.

The sheriff’s commander in the investigation was fired, and the four detectives reassigned. Since they are appealing their punishments, the demand on the electronic communications is still in play. Thornburg declined to comment on behalf of the Sheriff’s Office, as did the Mastagni Holstedt attorney currently working on the case; Shawn Collins has since moved on. County Counsel Charles McKee didn’t respond to an email. And Mitchell, the DSA president, is on medical leave.

In the meantime the anonymous letter writer or writers state that Mitchell and any other union board member involved in the spending spree or requesting access to the electronic communications should step down or face recall and removal from office.

MARY DUAN writes The Local Spin for Monterey County Weekly. Reach her atmaryrduan@gmail.com