Sonoma County, California, Measure P, Changes to Law Enforcement Review Board (November 2020)

Sonoma County Measure P
Election date November 3, 2020
Topic Local law enforcement
Status a/ot Approved/Overturned
Type Referral	Origin Lawmakers
List of California measuresCalifornia Proposition 13 (March)California Proposition 14California Proposition 15California Proposition 16California Proposition 17California Proposition 18California Proposition 19California Proposition 20California Proposition 21California Proposition 22California Proposition 23California Proposition 24California Proposition 25Submit

An ordinance that would make changes to the Independent Office of Law Enforcement Review and Outreach (IOLERO) powers was on the ballot for voters in Sonoma County, California, on November 3, 2020. It was approved but then overturned.

A "yes" vote supported replacing the ordinance that governs the Independent Office of Law Enforcement Review and Outreach (IOLERO) to make the following changes: require the director of the IOLERO to be qualified as a Certified Practitioner of Oversight by the National Association for Civilian Oversight of Law Enforcement, prohibit the director's removal unless  approved by a four-fifths vote of the board of supervisors, authorize access to all investigative evidence, contact witnesses, and subpoena records, recommend disciplinary actions for officers subject to IOLERO investigations, authorize the publication of body camera footage on the IOLERO website, impose duties on the sheriff-coroner and require cooperation with the IOLERO, require triennial performance audits of the IOLERO and set the office's budget at 1% of the total budget for the sheriff-coroner, and make the board of supervisors the appointing power for the Community Advisory Council.

A "no" vote opposed repealing and replacing the ordinance that governs the Independent Office of Law Enforcement Review and Outreach (IOLERO), thereby maintaining its existing scope and powers.

Aftermath

On June 23, 2021, the California Public Employment Relations Board (PERB), which is a commission of four appointees that address government labor issues, ruled that provisions of Measure P allowing the Independent Office of Law Enforcement Review and Outreach (IOLERO) to conduct its own investigations of deputies, publish camera footage, subpoena records, provide disciplinary recommendations, and observe interviews during investigations by internal affairs violated the collective bargaining rights of the Sonoma County Sheriff’s Department. The board said that the unions representing county sheriffs should have had the opportunity to negotiate on these provisions before they were enacted.

The Sonoma County Board of Supervisors voted to appeal the decision to the California First District Court of Appeal. On June 23, 2022, the California Court of Appeals ruled against PERB, stating, “Thus, we annual PERB’s finding that the County violated its decisional bargaining obligations; we also annual PERB’s remedial order declaring Measure P provisions void and unenforceable."

On June 23, 2022, the County of Sonoma, Sonoma County Deputy Sheriffs’ Association, and Sonoma County Law Enforcement Association announced an agreement on Measure P. Supervisor James Gore said, "The county is pleased that this agreement affirms the will of the voters regarding IOLERO’s expanded powers and duties while also recognizing the associations’ legitimate interests and statutory rights in negotiating over those powers and duties. The parties’ collaborative efforts produced a comprehensive, effective and responsible agreement governing the implementation of Measure P."

Election results

A simple majority vote was required for the approval of Measure P.

Sonoma County Measure P
Result		Votes	Percentage
Yes		166,483	64.74%
No		90,689	35.26%

Results are officially certified.

Source

Measure design

Measure P would repeal and replace the ordinance governing the Independent Office of Law Enforcement Review and Outreach (IOLERO) established in 2015 by the Sonoma County Board of Supervisors.

Click the arrows below to read about the changes.

Director of the Independent Office of Law Enforcement Review and Outreach: Changes to the office of director

Measure P would make the term of director three years and prohibit the removal of the director from office unless approved by a four-fifths vote of the board of supervisors. It would also require a cause for removal. The measure requires the director of the IOLERO to be qualified as a Certified Practitioner of Oversight by the National Association for Civilian Oversight of Law Enforcement. The measure maintains the existing requirement that the director is a licensed attorney and considered an employee of Sonoma County.

The Independent Office of Law Enforcement Review and Outreach: Changes to powers and duties

Measure P would give the IOLERO access to all investigative evidence, the power to contact witnesses, and the power to subpoena records. The measure would authorize the IOLERO to investigate every use of force including those where no complaint was filed, investigate every civil lawsuit filed against the sheriff's office related to use of force, and receive and investigate all complaints made against the sheriff-coroner. In its investigations, it may obtain disciplinary records for officers under investigation. The measure also gives the IOLERO authority to publish body camera footage to its website. In addition, the IOLERO would recommend disciplinary action for officers subject to investigation. It would also be responsible for auditing all racial profiling data collected by the sheriff's office. Lastly, Measure P requires a triennial audit of IOLERO.

Currently, the IOLERO reviews and receives complaints and forwards them to the sheriff-coroner for investigation. It is also responsible for making policy and procedure recommendations based on data trends and conducting outreach to the community to facilitate communication between the community and law enforcement.

The Office of Sheriff-Coroner: Changes to powers and duties

Measure P would require the sheriff-coroner to cooperate with the IOLERO and provide the office with information needed to conduct investigations. The sheriff-coroner is also required to provide access to sheriff department staff to build a trusting relationship with the office and to interview staff when investigations require it. Measure P requires that the budget for the IOLERO be at least 1% of the total budget for the office of sheriff-coroner.

Community Advisory Council: Changes to qualifications and duties

Measure P would make the board of supervisors the appointing power for the community advisory council. Currently, the director of the IOLERO appoints the members. The measure states the purpose of the council as providing "community participation in the review and establishment of Sheriff-Coroner policies, procedures, practices, training, and initiatives, and to engage the public to better understand the role of IOLERO and of the Sheriff-Coroner." Members are required to adhere to the National Association for Civilian Oversight of Law Enforcement (NACOLE) Code of Ethics.

Measure P requires that the 11-member council consists of diverse races, cultures, and socio-economic backgrounds. The term for members would be two years. The measure requires that no member has served or been employed for a law enforcement agency within the three years prior to appointment. It also requires that members have experience with community organizations, including organizations concerned with criminal justice, constitutional rights, mental health, and spiritual or religious institutions.

Text of measure

Ballot title

The ballot title for Measure P was as follows:

“

In order to increase law enforcement transparency and accountability and to build the public trust in County government and the Sheriff’s Office, shall Article XXVII of Title 2 of the Sonoma County Code be repealed and replaced by this measure to expand the oversight authority and independence of the Independent Office of Law Enforcement Review and Outreach (IOLERO) to investigate Sheriff related issues, revise and expand the duties and powers of the Community Advisory Council, compel production of records and witnesses, and review IOLERO’s performance of its duties?

”

Full Text

The full text of this measure is available here.

Support

Supporters

Officials

• Sonoma County supervisor James Gore (D)
• Sonoma County supervisor Susan Gorin
• Sonoma County supervisor Lynda Hopkins
• Sonoma County supervisor David Rabbitt
• Sonoma County supervisor Shirlee Zane

Political Parties

• Green Party of Sonoma County
• Sonoma County Democratic Party

Organizations

• ACLU of Northern California
• Coalition for a Better Sonoma County
• National Association for Civilian Oversight of Law Enforcement

Individuals

• Danielle Garduno - IOLERO Community Advisory Councilmember
• Alicia Roman - IOLERO Community Advisory Councilmember
• Alma Roman-Diaz - IOLERO Community Advisory Councilmember

Arguments

• Supervisor Lynda Hopkins: "We have an opportunity today to shift that power dynamic just a little bit in favor of people who are being policed instead of people who are doing the policing."
• Susan Hutson, president of the National Association for Civilian Oversight of Law Enforcement: "National Association for Civilian Oversight of Law Enforcement believes the [Measure P] IOLERO Ordinance initiative is in line with these principles and with the organization's developing emphasis on improving civilian oversight. This ballot measure would strengthen Sonoma County's IOLERO and bring it into alignment with the NACOLE principles of effective oversight."

Opposition

Ballotpedia did not identify committees, organizations, or individuals opposing the ballot measure. If you are aware of any opponents or opposing arguments, please send an email with a link to editor@ballotpedia.org.

Background

George Floyd death and protests

See also: Policy changes in response to the killing of and protests about George Floyd

On May 25, 2020, Minneapolis police officers arrested George Floyd, a black man, after receiving a call that he had made a purchase with a counterfeit $20 bill. Floyd died after Derek Chauvin, a white officer, arrived at the scene and pressed his knee onto Floyd's neck as Floyd laid face-down on the street in handcuffs. Both the Hennepin County Medical Examiner and an independent autopsy conducted by Floyd's family ruled Floyd's death as a homicide stemming from the incident. The medical examiner's report, prepared by Dr. Michael Baden and Dr. Allecia Wilson, said that it was "not a legal determination of culpability or intent, and should not be used to usurp the judicial process."

Floyd's death was filmed and shared widely, leading to protests and demonstrations over racism, civil rights, and police use of force. The first protests took place in Minneapolis-St. Paul on May 26. A protest in Chicago organized by Chance the Rapper and Rev. Michael Pfleger took place the same day, making it the first major city outside of Minneapolis to host a protest over Floyd's death.

Click here to read more about responses to the killing of and protests about George Floyd.

Related 2020 ballot measures

See also: Local police-related ballot measures following the killing of and protests about George Floyd (November 2020)

Ballotpedia identified 18 local police-related or law enforcement measures on the ballot for November 3, 2020, that qualified following the death of George Floyd. The local ballot measures were on the ballot in nine cities and four counties within six states. The local ballot measures concerned police practices, police oversight boards and auditors, police staffing and funding levels, recordings from police body and dashboard cameras, and other policies.

State	Jurisdiction	Title	Description	Result
California	Los Angeles County	Measure J	Requires that no less than 10% of the county's general fund be appropriated to community programs and alternatives to incarceration	a
California	Oakland	Measure S1	Changes the powers, duties, and staffing of the Oakland Police Commission and creates the Office of Inspector General	a
California	San Diego	Measure B	Replaces the Community Review Board on Police Practices with the Commission on Police Practices that would be appointed by the city council to conduct investigations and subpoena witnesses and documents related to deaths resulting from police interactions and complaints made against police officers	a
California	San Francisco	Proposition D	Creates the Sheriff's Department Oversight Board and the Sheriff's Department Office of Inspector General	a
California	San Francisco	Proposition E	Removes the mandatory police staffing level from the city's charter	a
California	San Jose	Measure G	Authorizes the independent police auditor to review reports and records related to officer-involved shootings and uses of force	a
California	Sonoma County	Measure P	Makes changes to the powers and duties of the Independent Office of Law Enforcement Review and Outreach (IOLERO)	a/ot
Illinois	DuPage County	Law Enforcement Budget Advisory Referendum	Advises the county to continue to consider law enforcement and public safety as its top budgeting priority	a
Illinois	DuPage County	Law Enforcement Injury Risk Training Advisory Referendum	Advises the county to continue to fund and support law enforcement training methods that decrease the risk of injury to officers and suspects	a
Ohio	Akron	Release of Recordings from Police Body and Dashboard Cameras after Use of Force Charter Amendment	Requires recordings from police body and dashboard cameras documenting police use of force that results in death or serious injury to be released to the public
Ohio	Columbus	Issue 2	Creates the Civilian Police Review Board to investigate alleged police misconduct, subpoena testimony and evidence during the investigations, make recommendations to the Division of Police, and appoint and manage the new position of Inspector General for the Division of Police	a
Oregon	Portland	Measure 26-217	Establishes a new police oversight board in the city's charter	a
Pennsylvania	Philadelphia	Question 1	Adds language to the Philadelphia City Charter calling on the police department to "eliminate the practice of unconstitutional stop and frisk, consistent with judicial precedent"	a
Pennsylvania	Philadelphia	Question 3	Creates a Citizens Police Oversight Commission to replace the Police Advisory Commission	a
Pennsylvania	Pittsburgh	Independent Citizen Police Review Board Charter Amendment	Requires police officers to cooperate with investigations conducted by the Independent Citizen Police Review Board	a
Texas	Kyle	Proposition F	Amends the city charter to authorize the city council to adopt procedures and a committee to review the police department	a
Washington	King County	Charter Amendment 1	Requires investigations into all police-related deaths and to provide public attorneys to represent the decedent's family in the investigation	a
Washington	King County	Charter Amendment 4	Amends the county charter to authorize the Office of Law Enforcement Oversight (OLEO) to subpoena witnesses, documents, and other evidence in its investigations of law enforcement personnel	a
Washington	King County	Charter Amendment 5	Returns the office of the sheriff from an elected position to an appointed position that is appointed by the county executive and confirmed by the county council	a
Washington	King County	Charter Amendment 6	Gives the county council the authority to specify the duties of the sheriff	a

Path to the ballot

See also: Laws governing local ballot measures in California

This measure was put on the ballot through a unanimous vote of the Sonoma County Board of Supervisors on August 6, 2020. The measure is an amended version of the Evelyn Cheatham Initiative sponsored by Sonoma County Effective Oversight (SOCO).

See also

Local measures

• Local measures in 2020
• Local law enforcement ballot measures

• Sonoma County measures

California

• November 3, 2020 measures in California
• Local ballot measures, California
• Sonoma County, California

News and analysis

• State and local preemption conflicts
• Measures advancing national agendas

External links

Suggest a link

• Search Google News for this topic
• Sonoma County Elections Office website