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Sheriff Rivero responds to SDF allocations

Public Information Release Friday May 6, 2011 5:12 PM PDT Contact Information: Brian Martin Professional Standards 707-262-4200 blm@co.lake.ca.us

On Thursday, May 5th, County Supervisors Rob Brown and Jeff Smith met with Robinson Rancheria delegate Buffy Jimenez to approve grant applications and determine distribution amounts from the Indian Gaming Special Distribution Fund (SDF.) Among other public safety and public service agencies requesting allocations from the fund, the Lake County Sheriff’s Office had applied for nearly $450,000.00 to help mitigate the impact of gambling casinos on crime and law enforcement in Lake County. Buffy Jimenez not only voted against any distributions going to the Sheriff’s Office from the Robinson Rancheria, but the delegate ultimately blocked any other distributions going to the Sheriff’s Office including over $188,000.00 that was previously supported for disbursement by the Big Valley Rancheria in Lakeport.

In January of this year, Robinson Rancheria Police Chief Dave Mendoza notified Sheriff Rivero that he had been appointed to oversee all Special Distribution Fund requests concerning the Robinson Rancheria and the 2011 Indian Gaming Special Distribution Fund.

While pointing out that the Robinson Rancheria had not supported the Lake County Sheriff’s Office in past years with their funding requests, Mendoza indicated that this year’s funds provided Sheriff Rivero with an opportunity to “demonstrate his commitment to the tribes by supporting the Robinson Rancheria Police Department in a partnership which would include the financial support of the SDF.” Mendoza concluded his letter to Sheriff Rivero by stating this was an important opportunity for the Sheriff’s Office to obtain funding while “providing services (to the Robinson Rancheria Police) which will have very little impact” on the Sheriff’s Office.

The “services” Mendoza said that the Sheriff’s Office would be expected to provide in exchange for any SDF allocations relate to past requests by the Robinson Rancheria Police Chief for deputization as a California Peace Officer, access to the California Law Enforcement Telecommunications System (CLETS), and the California Law Enforcement Mutual Aid Radio System (CLEMARS.)

Access to CLETS, which is a criminal history information database maintained by the State of California, is governed by the Government Code. California’s 58 Sheriffs hold master agreements with the State for allowing access to law enforcement agencies within their respective counties to CLETS. The Robinson Rancheria is statutorily ineligible for access to the system as they are not a state agency, or part of a city, county, or public agency.

CLEMARS, a radio frequency intended only for law enforcement agencies’ use during emergencies, is also entrusted to the Sheriff for access. CLEMARS requires those agencies receiving permission from the Sheriff be California law enforcement agencies capable of providing mutual aid in an emergency. Once again, the Robinson Rancheria does not conform to these mandates.

Access to either system can only be granted by the Sheriff and that request, along with the deputization of the Robinson officers has been properly denied by Sheriff Rivero.

In 2008, the Robinson Rancheria established a tribal police agency consisting of a Chief and a sergeant. While the Robinson Rancheria Tribal Police have federal special law enforcement commission (SLEC) authority to enforce certain federal laws on Indian lands, that commission does not authorize those officers to enforce state law in California. Sheriff Rivero said, “deputizing Robinson officers and granting them access to State automated systems reserved for use by California peace officers would place all of the liability for their actions on the County of Lake and would jeopardize the Sheriffs’ Office and other local law enforcement agencies access to CLETS and CLEMARS in the event it were misused by the Robinson Rancheria.”

Sheriff Rivero attempted to explain his position during meetings with the Robinson Tribal Council without success. Sheriff Rivero concluded from those meetings that the Robinson Council was interested in having their own police force to further their own agenda. Sheriff Rivero’s response to the Robinson council’s demands was, “The Sheriff’s Office is not for sale.” Sheriff Rivero will be contacting the California State Sheriffs’ Association and requesting that they propose legislation to prevent funds intended to mitigate the effects of the gambling casinos on crime and law enforcement from being held hostage to the demands of the individual tribes.


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