Ruling on In-House Probes Backs Officers

Sheriff’s deputies who become the subject of internal affairs investigations have a right to have a lawyer or another representative interview witnesses and investigate the charges before the department finishes its probe, a judge has ruled.

The order issued Friday by Superior Court Judge David W. Long ends a year-old practice by the Ventura County Sheriff’s Department that barred investigations by outside parties and deemed that any violation of the practice could be punishable by termination.

The Deputy Sheriff’s Assn., seeking a permanent injunction against the department, argued that the practice violated deputies’ rights and impeded their ability to defend themselves.

Attorneys for the department contended that the practice was intended to maintain the integrity of internal department investigations on such matters as police abuse allegations or breaches of policy.

Long found that the policy effectively eliminated a deputy’s right to representation.

“His [a deputy’s] counsel can do little more than sit in his/her office and hold the client’s hand awaiting notification from the Personnel Bureau that the attorney can now commence his/her own investigation of the potential charges against the client,” according to Long’s judgment.

Association leaders hailed the ruling as a major victory.

“Although most of our members who are put through the internal affairs process are eventually found innocent of wrongdoing, everyone will now have a fairer opportunity to defend themselves against accusations of improper conduct on the job,” said Karen Kortlander, the association’s president.