Captain Seeks Election Waiver From Sheriff--Again

Jim Roache, a San Diego County sheriff’s captain, said he delivered a second request Friday to Sheriff John Duffy, asking him to set aside a department policy that says he must resign before he can challenge Duffy in next year’s election.

And he threatened legal action if Duffy does not respond to his requests by the middle of next week.

“That’s the most likely alternative I would select,” Roache said of a potential lawsuit against his boss.

Roache wants Duffy to waive a Sheriff’s Department policy that prohibits staff members from running against the incumbent sheriff. He said the policy violates his constitutional rights to run for office and Duffy, in the spirit of fair elections, should allow him to join two other potential contenders in mounting a campaign against the longtime veteran sheriff.

Under the existing policy, Roache would have to resign his captain’s position to run against Duffy.

Roache sent Duffy a written request last month.

Roache said he is particularly concerned because, without an answer from Duffy, he may be losing ground in early fund-raising and other political spadework needed to wage a campaign.

“Your recent political fund-raising activities and increased visibility at public events demonstrates that you realize that a countywide election requires significant time and early preparation,” Roache said in his second letter to Duffy.

“Consequently, I need an immediate answer.”

He said he “would appreciate a response within three working days.”

“At that time, if I have not received a reply, I will assume your answer must be negative, and I will consider pursuing whatever alternatives that may exist,” the letter stated.

He added that a lawsuit asking a judge to overturn the policy would be his next step.

But Duffy, questioned about the matter Thursday, said “the legal research isn’t finished yet” into Roache’s request. He said the policy has been around since 1850 and the matter is a complicated legal one that must be reviewed before he can decide how to proceed.