Political E-Mail Raises Alarm for Sheriff’s Dept.

The Los Angeles County Sheriff’s Department, in which several deputies have sought and won elected office, is preparing to instruct employees on state campaign laws after learning that one captain used the department’s e-mail system to solicit political contributions.

Michael Gennaco, chief of the sheriff’s Office of Independent Review, said he called for the training after learning that a captain sent an e-mail inviting colleagues to a fundraising dinner for another captain who was running for mayor of Compton.

The incident was just one of many in a department in which politics and crime-fighting often brush up against each other. Unlike the Los Angeles Police Department, whose chief is appointed by the mayor and responsible to a civilian police commission, Sheriff Lee Baca is an elected official who answers only to voters.

Taking his lead, at least half a dozen sheriff’s deputies have run for city council seats or other local offices in recent years. That sometimes creates conflicts as the necessities of running for office collide with the responsibilities of working for the sheriff.

State campaign laws, for instance, make it a misdemeanor for an employee of a public agency to solicit political contributions from co-workers. It’s also against the law to use government resources, such as computers and telephones, to work on political campaigns.

In October 2004, Capt. Thomas Spencer sent an e-mail to 28 colleagues -- under the heading “business” -- urging them to attend a fundraising event for Capt. Cecil Rhambo, who was then a candidate for mayor of Compton.

“This is an important event in the history of the department and it is our opportunity to help Cecil reach his goal,” the e-mail said. “We are counting on your support.”

Spencer, who supervises the department’s Special Enforcement Bureau, declined to discuss the e-mail. Baca called for an internal investigation of the matter after The Times showed him a copy of the e-mail.

Baca said he would not refer the matter to the district attorney’s office. “It’s politics,” he said. “I think that we are capable of correcting it and seeing where the violations fall.”

Although a prosecution seems unlikely, Gennaco said he was concerned that none of the department officials who received Spencer’s e-mail reported the possible violation to their superiors. The e-mail was sent primarily to captains within the department.

“If there are this many captains that believe this wasn’t a problem, then they don’t know enough about what the rules are,” said Gennaco, who monitors internal affairs investigations and training for the department. “This is an election year, and people need to know what the rules are.”

That is what gave rise to the proposed training, which will take the form of a memo written by Undersheriff Larry Waldie, informing the department’s nearly 15,000 employees about state law and department policy governing the soliciting of campaign donations, Gennaco said. Waldie also intends to instruct executives about the matter at an upcoming management seminar.

The issue is particularly significant in the Los Angeles County Sheriff’s Department, in which at least half a dozen employees either hold or have recently held seats on local city councils. The department does not bar such office holding, but Baca said he instructs employees who serve on councils to abstain from voting on matters involving the Sheriff’s Department to avoid potential conflicts of interest.

Jeffrey Prang, a non-sworn “field deputy” for Baca, is a council member in West Hollywood. That city contracts with the Sheriff’s Department to provide police services. Prang has abstained from voting when the council considers its contract with the department.

Assistant Sheriff Paul Tanaka, one of Baca’s top executives, serves as mayor of Gardena. That city does not contract with the Sheriff’s Department.

Baca himself has walked a fine line in negotiating laws that prohibit the use of county staff time and equipment for political purposes.

In 2004 he attended more than 140 campaign events related to Measure A, which would have increased the local sales tax one-half cent to fund law enforcement. As an elected official, Baca was allowed to use his time this way.

Doing so, however, almost inevitably involved the use of department resources. He was driven to many events in his county-owned car by a team of sergeants who are paid to serve as his drivers, he acknowledged. The drivers make about $60,000 a year collectively in overtime, partly for ferrying him to political appearances and fundraisers.

“The driver’s time is my time,” Baca said, explaining that his drivers double as bodyguards. “That’s part of the legal obligation of his job. He is not some perk.”

Gennaco said because of the June 6 sheriff’s election -- Baca is facing four challengers, including two from within the department -- it’s particularly important to make sure all employees are aware of campaign laws.

One of the challengers, retired Sheriff’s Capt. Ken Masse, was recently informed by the district attorney’s office that he may have violated state law by soliciting contributions from Sheriff’s Department employees. No charges were filed against him.

Masse said he was not aware that it was a crime to solicit contributions from department employees. He said he intends to return the money.

“I was not aware that it was illegal. If I had known, I would not have done it,” Masse said. “I’m campaigning on a platform of integrity. I’m still responsible. I have nobody to blame but myself.”