LAKE COUNTY, Calif. — The Board of Supervisors on Tuesday afternoon gave staff direction on the process to pursue the appointment of a temporary sheriff as Sheriff Brian Martin prepares to retire.
Martin, now at the end of his second term, will retire as of Dec. 30.
He told the board that under the state Government Code, the highest-ranking officer may temporarily discharge the duties of sheriff-coroner until the vacancy is filled “in the manner provided by law,” which in this case will be the appointment by the Board of Supervisors.
With there being no undersheriff, Martin said Capt. Chris Chwialkowski is the highest ranking and senior deputy next in line of authority. He was promoted to the rank of captain in April 2015.
Martin proposed that Chwialkowski temporarily act as sheriff beginning on Dec. 31 and continuing until the board has interviewed candidates and formally appointed a permanent sheriff-coroner to serve until Jan. 2, 2025.
“I’m certainly not here to influence your decision on who that might be,” Martin said of that board appointment.
However, he recommended they move through the process as quickly as possible, explaining that there is a special training to be held by the California State Sheriff’s Association on Jan. 6.
It’s held every four years and Martin said he has reserved a seat for the acting sheriff. “The sheriff will benefit greatly from attending that training.”
He also asked for the board to move quickly so the appointed sheriff could spend time with him to facilitate a smooth transition, noting there are pending personnel matters and contracts.
Martin said there are a number of people in the sheriff’s office and other county agencies who would meet the legal qualifications.
The recommendation to the board included that the sheriff-coroner vacancy be offered as a promotional opportunity and open for five days to county employees only.
A public interview process for the candidates is scheduled for the board on Dec. 20.
Supervisor Bruno Sabatier had suggested increasing the open period for the internal recruitment to be 10 days, but the board decided to stay with the five-day period.
Martin said anyone eligible has probably given it enough thought at this point, since his retirement announcement occurred in late October.
Supervisor Michael Green said the matter is complicated, and he suggested that the sheriff’s department has been under duress. As a result, he didn’t agree that a short promotional period is in the best interest of the county. He said they should take time to conduct due diligence.
Martin took issue with Green’s statement about his agency being under duress. “I’m pretty proud of how the department’s been running for the last eight years and I think I’m leaving it in a lot better shape than it was, so I’ll disagree with that comment,” he said.
Later in the discussion, Green said he wanted to clarify his comment about the sheriff’s office being under duress, explaining that all agencies are under some form of stress. He said he believed the county would short circuit its due diligence but just looking internally.
Martin replied that the board has the ability not to select anybody on the first go-round.
Supervisor Moke Simon said the candidate the board will choose will go through a “two year interview” process.
“We’re selecting someone to just keep us moving in the right direction hopefully. The voters will choose in two years who the sheriff of Lake County is,” said Simon, adding that the person the board appoints may not be the person elected in the 2028 election.
“We’re just doing our government duty to get us to that point,” Simon said.
County Counsel Anita Grant said the person appointed on a short-term basis before Martin retires will have the sheriff’s duties under “temporary discharge.” The process won’t confer the auspices of the sheriff, just the function.
The board’s longer-term appointment will confer those responsibilities. When the board makes the appointment for the two-year period, Grant said it will be an elected position for all intents and purposes.
She said the interviews in public will give the public “the opportunity to see along with you who’s interviewing.”
Sabatier said he’s glad they’re deciding on a two-year term instead of a six-year term.
That was a reference to Assembly Bill 759, passed in this year’s state legislative session, which will temporarily extend the terms of the DAs and sheriffs who have been elected in 2022 to 2028 in order to align with the 2028 presidential election cycle. That law does not, however, apply to appointees.
Martin said it may be known in 15 or 16 months who the next sheriff might be.
There was no public comment on the matter before the board gave staff direction to open up the internal applications for five days and bring candidates back for interviews on Dec. 20.
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Supervisors direct staff on process for appointing interim sheriff
- Elizabeth Larson