The Sheriff of Tehama County visited the county’s Board of Supervisors on Tuesday seeking help from external legal counsel for an ongoing investigation, but most supervisors chose to step aside. This prevented a vote from occurring.
“I’m going to basically read this and then answer any questions the board might have because I think that’s probably the fastest way to handle it,” said Sheriff Dave Kain before he was interrupted by Supervisor Tom Walker.
“Before you proceed, sheriff, I’m part of this investigation, so I’ll recuse myself from the vote,” Walker stated during the meeting.
Kain was seeking as much as $100,000 to engage external legal representation.for the ongoing inquiry the Tehama Sheriff’s Office is conducting regarding who reported a DUI against supervisor Pati Nolen, and any potential misconduct that may have occurred during the process. With other county leaders aswho Nolen has previously identified as her main suspects.However, Kain has not identified any suspects at this moment, other than stating he is examining everyone who might be involved.
After Supervisor Walker stepped down, Supervisor Greg Jones and subsequently board chair Matt Hansen also recused themselves.
“I believe I’m part of it. As a public official, I’ll recuse myself as well,” Jones stated.
“And I believe I am also a witness or might be seen as having a conflict with this agreement, so I must recuse myself,” Hansen stated shortly afterward.
To which Kain appeared to find surprising.
“I believe the positive aspect is that it clearly outlined my argument. There’s a conflict,” Kain said.
Perhaps,” said Hansen. “You can take it to the court and determine, I suppose, that’s the next step.
If a county supervisor steps aside, it typically means they no longer contribute to the minimum number required for a quorum, which is defined as an official meeting. With three supervisors recusing themselves, there was no longer a quorum, preventing the board from officially voting on the matter. The Brown Act outlines these procedures to be followed before any vote or discussion occurs, although they can also be implemented after the item is announced. The law also requests that any members who have recused themselves leave the room until the agenda item is resolved.
Although several individuals in the meeting expressed opposition to the absence of a vote or discussion, the FPPC states that no official action can be taken on an item without a quorum. Furthermore, even if members had remained in the room, their recusal would still prevent them from contributing to a quorum.
Due to the absence of a quorum, the matter was not approved, prompting Kain to explore potential next actions via the courts. Supervisor Rob Burroughs concluded the discussion with a final statement.
“Just keep in mind that those present and those absent reveal a great deal,” he said to the group.
That’s okay, that’s okay,” responded Kain. “We’ll contact a law firm and submit an appeal to the Tehama County Superior Court.
The Northstate’s News contacted the Tehama County Sheriff’s Office to learn about the following actions regarding the matter, but has not received a response yet.
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