Monterey County will consider creating civilian oversight for the sheriff, and they want to hear from you.

Sara Rubin here, taking a moment to think back to the 2022 primary campaign for the office of Monterey County sheriff. All four candidates said they supported the creation of some type of oversight board. 

“I support an oversight board,” said Tina Nieto, who won the election and was sworn into office as sheriff in December. “I am not afraid.”

A test of that pledge is now in the works. Earlier this year, the Monterey County Board of Supervisors created an ad hoc committee to work on the issue. The committee members—supervisors Wendy Root Askew and Glenn Church—will host their first public event on Wednesday, July 26. They’ll present on some possible configurations for an oversight board and invite the public to weigh in. This is step one in what could be a lengthy process of drafting a proposal.

“With any option we pursue, there are going to remain challenges in balancing the cost, the benefit, staying in compliance with the Peace Officers’ Bill of Rights,” Askew says. “The Board of Supervisors has to ensure we are utilizing all tools available to us to ensure there is transparency and accountability in the Sheriff’s Office. We all want the sheriff to be held to a high standard of accountability. Public safety depends on that trust.”

A lack of trust—and lack of oversight—became clear in former Sheriff Steve Bernal’s second term, which ended last year. The Board of Supervisors censured him over revelations about a misuse of public funds in 2021; the board then publicly reprimanded him in 2022 over a failure to take steps to stop sexual harassment in the department. The board members realized they had no formal mechanism to do anything about any of it. The idea of oversight is meant to correct that.

Of course, these examples are heated political issues. What matters more to most people is less about what takes place in boardrooms and more about what happens to civilians when they encounter a deputy on the street, or are incarcerated in the county jail. And there, trouble continues brewing.

At least four people have died in custody in the county jail this year, since Nieto became sheriff. According to court records, a fifth person was transferred from the jail to Natividad on June 29; while hospitalized he was released from custody, and died on July 4.

Nieto says things have changed under her watch. Instead of one sergeant responsible for upholding terms of a legal settlement concerning jail conditions, there is a multi-person compliance group. And she says her relationship with the Board of Supervisors so far has been positive. For instance, on Tuesday, July 18, she requested $1.5 million for an 8.2-percent pay raise for deputies; the board voted 5-0 to grant the raise (but instructed Nieto to find the money within the existing budget).

What direction the board will ultimately choose remains to be seen. Assembly Bill 1185, passed in 2020, gives counties the power to craft different configurations, like an inspector general model or a committee.

At the outset, Nieto says she favors an inspector general concept, partly driven by cost. “Some groups are pushing for models that are very expensive and harder to maintain,” she says. By “some groups” she is referring to the Monterey County chapters of the ACLU, League of Women Voters, and the NAACP; the Salinas and North Monterey County chapters of LULAC; Caste Action Alliance; and Monterey Peace and Justice Center. Those groups sent a letter to Askew and Church laying out a detailed proposal.

It includes seven to nine appointed commissioners—current or former police officers would be ineligible. One slot would be designated for somebody with mental health expertise, one for a justice-impacted person. It could investigate and report on complaints about issues like excessive use of force, misconduct, in-custody deaths and more—the sheriff would have 30 days to respond. The commission would appoint an inspector general—with subpoena power—to conduct investigations.

Its budget would be at least 1 percent of the annual Monterey County Sheriff’s Office budget, or at least $1.6 million of the $158 million annual budget.

“Community trust is essential to law enforcement that is truly responsive and meets the needs of those it is intended to serve,” the letter reads.

Ultimately, it will be up to the public whether the money for an oversight board is worth it.

If you want to participate in the meeting on Wednesday, you can attend in person at the county government building (168 W. Alisal St., Salinas) or virtually. Expect a short presentation on possible configurations for a potential oversight board (based on state law) and an opportunity to make comments.