UnGovr Transcript
iHow this transcript is madeUnGovr transcribes the official recording with automated speech-to-text, separates speakers by voice, and matches voices to the seated roster. Names and attributions are AI estimates and may contain errors.Verify any quote yourself: click anywhere in the transcript and the official video jumps to that exact moment, so you can check any quote against the recording.0:00 – 0:0510 turns
Good morning, everybody. I call to order the February 10, 2026 meeting of the Santa Barbara County Board of Supervisors. Madam Clerk, please call the roll.
Roll call — called by Mayor
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The next item of business is the approval of the minutes from the February 3rd, 2026 meeting. Can I get a motion?
So moved.
Second. Motion from Capps, second by Lee. A roll call vote.
Roll-call vote Passed 5–0 Motion from Capps, second by Lee. A roll call
Show transcript
Motion passes unanimously.
Our next item of business is the CEO's report.
Thank you. Good morning Chair Nelson and board members. This morning I'm pleased to share the final video of the county's 175th anniversary series. As you know, the county was established on February 18, 1850, so our birthday is in a few days, and this video series, as you know, has explored the milestones of the county, the creation of the courthouse, development of North County communities, History of our Indigenous Population and other important videos. The full series is available in English and Spanish on the county's YouTube channel, CSB TV. The video also airs on channel 20 throughout the week. Today's video offers a special look, appropriately, at the history of county government through our legislative record and there's a special guest in there and you might recognize her.
Welcome to Santa Barbara County, a place with immense natural beauty and rich history. Founded in 1850 as one of California's original counties. Join us as we acknowledge the 175th anniversary of the County of Santa Barbara.
Chair Nelson and members of the board, I do have a few announcements this morning. Administrative item number 16 is from the County Health Department. The Office of the Clerk of the Board is the official record keeper for the County Board of Supervisors from all the minutes from 1850 to present day today. We are the only county in the state of California that has all of their records available online. The credit really needs to go to former 3rd District Supervisor Doreen Farr and former Chief Deputy Clerk of the Board Mike Allen. They really spearheaded that project and solidified funding in order to scan, digitize, and archive those and work with UCSB Special Collections and the library at UCSB to store those older records of ours. So what we have here is the very first minute book for the County of Santa Barbara.
You can see the years are 1850 to 1863 and they're currently all housed in the UCSB Special Collections here at the library at UCSB, but we have digitized all of these original minute books and they're available online.
So really any member of the public can do their research.
Exactly. So any member of the public, county department, a researcher across the globe can research our archives. These records bring to life the history makers who have shaped Santa Barbara County. This includes Joaquin Carrillo and Pablo de la Guerra, who were influential Spanish families who settled in Santa Barbara County. It is always interesting to look through these books and see the history that has made our county what it is today. From building a beach club in Montecito to renaming our National Forest from the Santa Barbara National Forest to Los Padres National Forest.
And here in our 175th year, we are making our own history with a beautiful new ceremonial resolution and transitioning to fully digital processing of board items and record keeping, which expedites everything for the public and county departments. The Clerk of the Board has a public facing window for anyone who needs to do business with the Clerk of the Board's office. Another great feature we have here in Santa Barbara and in Santa Maria is our Clerk of the Board kiosks have access to all of our digital records for anyone who might not have access to the internet.
So going through these historical minutes, it's always neat to find our county history and how we started, starting from the very beginning where our county was presided over by three judges and now today we have five elected officials. These records are an amazing window into our past and help us understand where we come from and who we are today.
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That concludes our report and I hope that we can send that to Doreen Farr and Mike Allen as a special thanks. They are the ones who got this going. Thanks.
Well, thank you. Excellently done. Madam Clerk, are there any announcements or changes to our agenda today?
Chair Nelson and members of the board, I do have a few announcements this morning. An addendum was posted on Friday, February 6, 2026, adding administrative item number 21 to today's agenda. Administrative item number 21 is being added to today's agenda. It is from the clerk recorder assessor regarding a record retention schedule for the clerk recorder division. This addition included in the addendum has been posted and made available online to both the board and the public.
Additionally, we received a continuance request from the Department to continue Departmental Item No. 1 to the March 10, 2025 meeting. Departmental Item No. 1 is from the Planning and Development Department. It is a hearing to consider recommendations regarding the approval and adoption of Case No. 22, GPA 3, the environmental justice element. And lastly, for information on the Board of Supervisors' methods of public participation and instructions on how to provide public comment on items listed on today's agenda or during general public comment, please refer to page 2 of the agenda. Individuals that would like to provide verbal public comment may do so via Zoom by registering in advance via the link available on page 2.
If you have any questions, please contact the Clerk of the Board's Office at 805-568-2240. Again, that number is 805-568-2240. 568-2240. And please note that the board may act on the request to continue departmental item number one regarding the environmental justice element either at this time or following general public comment when the board transitions to the departmental agenda as we have no request to speak on that item. And that concludes my announcements for today.
All right, thank you, Madam Clerk, and just for a note for the public, on today's agenda, we'll be adding the March 10th meeting to our calendar, so that's, I believe, item A8, just to reflect the moving of departmental item number one to that new board date. At that time, we'll also be canceling the March 17th meeting, just for those of you on the public tracking the Board of Supervisors. So, Madam Clerk, do we have any items that have been pulled from the public?
Cheryl Nelson and members of the Board, we have a request from the public on Administrative Item Number 10.
Okay. All right, I'll go ahead and take a motion from the Board to adopt the Administrative Item, Administrative Items except for Item A-10. Also in that motion, if we can go ahead and continue Departmental Item Number 1 to March 10th. Make that motion. Okay, motion from Supervisor Lavagnino. Second. Second by Lee. Madam Clerk, may I have a roll call vote, please?
Roll-call vote Passed 4–0 motion from Supervisor Lavagnino. Second. Second by Lee. Madam Clerk, may I have a roll call · 1 under review
Show transcript
Motion passes unanimously.
All right, let's go ahead and read item A-10 into the record. Oh, I'm sorry. No, let's go ahead and we're gonna move on to our honorary resolutions. Let's start with A-1 and then we'll come back to A-10 after that.
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Chair Nelson and members of the board, administrative item number one is sponsored by Supervisor Capps and Supervisor Hartmann. It is to adopt a resolution proclaiming February 2026 as Black History Month in Santa Barbara County. And joining us in person today, we have Lawanda Lyons-Pruitt, President of the Santa Maria Lompoc NAACP, Connie Alexander, President of the Santa Barbara NAACP and Co-Executive Director of Gateway Educational Services, and Audrey Gamble, Co-Executive Director of Gateway Services.
Whereas February is nationally recognized as Black History Month, a time to honor the history, legacy, and contributions of African Americans and people of African descent to the strength and character of our nation and local communities. And whereas the 2026 National Theme for Black History Month, A Century of Black History Commemorations, marks the 100th year legacy of Dr. Carter G. Woodson's establishment of Negro History Week through the Association for the Study of African American Life and History, ASALH.
a milestone in promoting the study and public recognition of African American history. And whereas Dr. Woodson's work laid the foundation for broadening public understanding that Black history is American history and that the stories, struggles, and achievements of African Americans must be preserved, shared, and celebrated. And whereas local organizations play a vital role in sustaining Black history, culture, and civic engagement, including the Santa Barbara Black Culture House, which showcases Black artistry, history, and activism, the Dr. Martin Luther King, Jr. Committees of Santa Barbara and Lompoc, which organizes annual events honoring civil rights legacies, the Juneteenth Santa Barbara, which celebrates emancipation and community heritage, Healing Justice Santa Barbara, which advances racial equity, historical preservation, and community empowerment.
Gateway Educational Services, whose mission centers on providing equity through educational intervention in reading, math, and writing to help students reach the dream of attending college, and the Santa Maria Lompoc and Santa Barbara branches of the National Association for the Advancement of Colored People, NAACP, who continues a 117-year-old tradition of advocating to achieve equity, political rights, and social inclusion by advancing policies and practices that expand human and civil rights.
Thank you. and uplift voices across generations, strengthening Santa Barbara County's civic life, cultural heritage, and collective future. Now, therefore, be it hereby ordered and resolved that this Board of Supervisors of the County of Santa Barbara does hereby proclaim February 2026 as Black History Month in Santa Barbara County and encourages all residents to join in appropriate programs, ceremonies, and activities honoring the theme, A Century of Black History Commemorations, passed and adopted today.
Good morning Chair Nelson and board members. LaWanda Lyons Pruitt, President of the Santa Maria Lompoc branch of the NAACP, NAACP, proudly standing on the shoulders of my ancestors and my roots from Boca Cheta, Mississippi, Thank you so much for the resolution. You all know my history. I've said it enough. I won't say it again. It will be in the Santa Maria Times, though, if you would like to read it.
In February, we all know that black history is American history. 365 days of the year, 7 days a week. But that was not the case years ago. And we celebrate not because it's about not recognizing and taking a look at the harm that slavery, racism, and oppression of Black people cause, but it's our history. As my friend Wendy says, Black history is American history 365 days of the year.
And when we celebrate, we honor and remember the past, celebrate the present, and inspire the future. I would just like to make an announcement on some of the celebrations. Santa Barbara Black Culture House celebration on Sunday, February 15th. They are having a panel discussion about Dr. Carter G. Woodson, featuring Aaron Jones and James Joyce III. It will be at the CEC Hub at 1219 States Street.
in Santa Barbara, and I believe all the time is one o'clock. Then Hill Injustice, Santa Barbara, February 1st through the 28th, their community exhibition is Santa Barbara City College is hosting Umanja Black History Timeline at 60 East Anapamu in Santa Barbara. They have a field trip to an HBCU Fair and Expo in Pomona on February 14th. And on February 21st at 4, there's a book signing at Santa Barbara Eastside Branch of the Public Library.
And then, of course, Santa Maria, Lompoc. We have to have our Black History Celebrations. We're down to two now instead of three. Thank goodness. We will be in Lompoc on Sunday the 15th at Lompoc Public Library at 2 p.m. And then on Sunday the, excuse me, Saturday the 21st from 12 to 5, we will be at Allan Hancock College. Superior Court Judge Annabelle Denise Hippett is our keynote speaker on the 21st and then on the 15th we have our very own City of Guadalupe Chief Michael Cash will be our speaker.
Thank you for being one of our sponsors, our partners I should say, also to Allan Hancock College and then all of our other partners. Thank you so much.
Thank you.
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Good morning Chair Nelson, Supervisors, Connie Alexander from the Santa Barbara NAACP. It was so nice to see the historical video this morning and as I think about that with regard to the history of the black community in Santa Barbara County, just a reminder of where we've come from that we Certainly don't want to in any way return to, right? And so I think about the histories of what is now called the funk zone that was the traditional and was the largest part of the African American community in Santa Barbara itself and now has been reduced to more like, you know, retail art space. But please remember that there were families there and those families were there due to some of the redlining history in our county. The families I think of that were a part of the Mesa district that were again redlined and not allowed to buy housing.
And so I just want to kind of remind us that we, the point is to keep moving forward, right? That we don't want to return to that. And so this morning I think about the priorities of health. for Women. On April 25th, the Santa Barbara and Santa Maria Lompoc NAACP will be sponsoring a Black Women's Health Equity Day to talk about how the urgency of black women's health, heart health, mental health, all of those things. So just remember that there are organizations out here that we are doing the work.
We are doing the work. And so thank you for this opportunity and thank you for this resolution.
You're welcome.
Good morning councilmembers. I would also like to echo the sentiments of my colleagues here. My name is Audrey Gamble, cofounder of Gateway Educational Services and we started this nonprofit learning center almost 20 years ago in Santa Barbara and it is because of the shoulders that we stand on. from our ancestors that we've been able to continue our work, not just in Santa Barbara, but we have opened up a learning center in Lompoc as well. We serve students throughout the county. So I just want to thank you for the recognition and the resolution. We greatly appreciate your support. Thank you, Ms. Campbell.
Supervisor Capps.
I just wanted to thank you for being here and thank the colleagues for support of this resolution. My partner in this resolution, Supervisor Hartmann in Santa Barbara today. And you mentioned the fact that this isn't just about Black History Month, but the work that goes on 365 days a year. And I just want to acknowledge the work that you do 365 days a year. We just came off such a glorious Martin Luther King Day celebration that you all, and so many others, put so much work into. And I just want to acknowledge that work, the way in which you keep alive the black history here in Santa Barbara County, but really the way in which you're building the future of the black community here in Santa Barbara. Thank you. Thank you. Thank
you
so
much. Thank you, Supervisor Capps. Supervisor Hartmann wants to make some comments from Santa Barbara. Supervisor Hartmann?
Thank you, Chair Nelson. Well, I just wanted to join the chorus in appreciating the NAACP and how significant it has been in Santa Barbara County in really creating celebrations that we can all participate in and learn more about black history. And a call out to the Gateway. They're working actively in Lompoc and focusing on STEM education and I think it's going to really have tremendous long-term impacts.
I just wanted to say also in this moment in our country, What really resonated with me was you're talking about standing on the shoulders that preceded you. And that is really true with all of us. And for that, you have to know your history. You have to understand your history. And black history really matters. Truth matters. And a democracy strong enough to endure must be brave enough to remember. So, thank you.
Thank you, Supervisor Hartmann. And thank you all.
And I would also like to mention that Supervisor Hartmann will be joining us on Sunday the 15th. Thank you. Thank
you. All right, we're gonna go ahead and move back to our administrative agenda. Item A-10. Madam Clerk, will you please read that into the record?
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Chair Nelson and members of the board, administrative item number 10 is from the General Services Department. It is to consider recommendations regarding the North Branch Jail Expansion Project award agreement for services of independent contractor for construction management. Project number 23040. This is in the 5th district and requires a four-fifths vote. And we have three requests to speak from the public on this item.
And we'll go ahead and begin on Zoom with Graham Neiman. Then we will go to Santa Barbara with Maureen Earls. Graham?
Yeah, if I may.
Before we go to public comment, we're going to go ahead and actually Supervisor Capps hold this one and give her an opportunity to make comment at this time.
Yeah, thank you. I pulled this and I hope it gets clarified after we hear from public comment and we can hear from the relevant staff. I think it's really important when it comes to expansion of the Northwest, of the North Jail, that we understand what this is for. It's a big ticket item of five million dollars and my understanding, and I hope that that is clarified for the public, that this is just for the firm. It's just basically the company that would do the work, not necessarily the scope. And so decisions on the size aren't being made today but again I want that to be clarified very loudly and clearly so that people understand that and so many people have been watching this very closely and a board that is, to be blunt, not totally set on what that size and scope is.
So that's my reason for polling it today and so we'll hear from the public but then come back to staff to affirm that my assumption is correct as I read the materials. Thank you.
All right, thank you Supervisor Capps. Madam Clerk?
We will now go to Zoom with Graham Neiman and then we will return to Santa Barbara with Maureen Earls. Graham?
Hi, good morning, everyone. I want to express my opposition to any type of expansion. From what I understand, it seems like the supervisors are still, you know, deciding on what the scope of this might look like. And I just want to make sure that we have in mind that We need to, before thinking about expanding and increasing the capacity of the jail, is to address misuse of funds, which we think are coming from the sheriff's office.
And also recognizing that the financial problems that do exist in the county right now, I think that it's irresponsible for us to be investing in an expansion of the jail. I do understand that some changes are required to the jail, but I think that these should not take the form of expansion and much less expanding capacity. And even to have the changes that will take place Concord with the Murray case, I think what we should be seeing is reducing the jail population. I think that there's many different ways to do this, and I'm confident that the supervisors are competent enough to explore and address these options in a way that could be really effective for our county.
And I think that an unaffordable expansion and increasing jail capacity is not going to be helpful for this. So what I want to highlight is to not Increase the spending for this jail and first think about fixing this mismanagement, especially from the Sheriff's Office, who seem to be mismanaging funds, and think about the other ways that the jail population can be reduced before attempting to expand the jail.
Thank
you, Mr. Nieman.
We will now go to Santa Barbara with Maureen Earls, then we will return here in Santa Maria with Larry Barrett. Maureen?
Thank you. Good morning, Supervisors. I'm speaking on the agenda item to approve funding for a project manager for the new North Branch jail design. I want to be clear at the onset. A project manager is needed whether the county ultimately builds a 1.0 or a 1.5 housing unit expansion. Strong management matters. What matters just as much are the values and priorities that guide what that manager is asked to manage.
Today, people are being held in our jails who do not need to be there, people delayed because the county is not meeting public defender staffing standards, People waiting in custody for court-ordered treatment or program placements that are not yet available, and people booked on misdemeanors later rejected for lack of evidence. These are system failures that cause real harm. They do not require more jail beds. They require implementation, funding, and accountability.
Since your April vote, you have received jail reduction recommendations, showing that population reductions are achievable. What the community has not yet seen is an updated CEO analysis grounded in a proposed implementation plan for the jail reduction solutions you have already accepted and showing how those actions affect the jail size actually needed. That clarity matters not only for justice, but to protect the county's safety net for critical needs.
Avoiding the additional $146 million tied to the .5 housing unit could instead help preserve funding for mental health care, substance use treatment, housing supports, and other essential services now at risk. We should fix the system first, not spend $146 million building around its failures. If you approve this manager position today, I urge you to do so with clear direction that the CEO return promptly with a public analysis comparing a 1.5 and a 1.0 housing unit option grounded in a proposed implementation plan.
Leadership here means managing towards solutions that reduce harm first, protect the safety net, and build only what is truly needed. Thank you.
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We will now return to Santa Maria with Larry Barrett. Larry?
Before I speak, I want to make sure is Primitiva Hernandez also on the list of speakers?
Chair Nelson, members of the board, I do not see her listed today. There is one member of the public with their hand raised, Anna Garcia, who has signed up for departmental item number two regarding the sheriff's overtime report.
If there's an issue with Primitiva speaking, I would cede my time to her. She did
submit a slip. She's not logged in. We
don't do ceding of time. It's your moment to speak and go ahead and provide public comment. I think her slip might be in that
box. Thank you. Chair Nelson, Supervisors, I'm Larry Barrett with Indivisible Santa Barbara. A proud member of the 805 Immigrant Coalition, I ask you to postpone signing the Professional Services Agreement for construction of North County Jail Expansion. I'll put this succinctly. The proposal before you asks you to spend money you don't have towards construction of a project larger than you need, to be run by a sheriff struggling to manage existing operations, all the satisfied plaintiffs in the Murray case who said expansion is the opposite of what they want.
It's hard to imagine a more perfect storm of what the hell than we have here. Jail expansion supposedly flows from the remedial plan under the Murray litigation. But this plan calls for jail population reduction and not the maintenance or increase of jail bed capacity. Council, from where we plaintiffs have said, it's likely the county won't be able to staff a jail expansion or provide the treatment required there. And they promised further legal action in that event.
So the proposed expansion threatens to increase the county's legal risk, just the opposite of what the county says it wants. The Murray Plain has expressed this skepticism before we learned of the waste and fraud in the Sheriff's Office. Now is not the time to give the Sheriff more facilities to manage. Finally, we've heard about impending cuts in the County's budget. Cuts you've described as grim, bleak, tough, and painful.
We deserve that you consider this $5 million in the context of those cuts. What are you going to slash from the budget to fund the spending? Who's going to go without food, be left homeless, and without health care? Here's a fair warning. If the county has money today to pay $5 million plus to a jail architect, they will expect the money to be there in June.
for the poor and the hungry. So don't plan on pleading poverty then when you tell us you can afford this expenditure today. The sensible thing, wait to consider this contract as part of adoption of next year's budget. Take the time to consider cost-effective alternatives to jail expansion. Make it clear that nothing you say or do today will preclude you from approving a smaller project down the road.
and postpone the spending until you have the money to pay for it. Slow this down for the sake of a rational and budget sensitive approach to this problem. Thank you. Thank you.
And Chair Nelson, members of the board, we did have a few additional requests to speak on this item. We are going to remain here in Santa Maria with Primitiva Hernandez. Then we will go back to Zoom with Ana Garcia and Gina Juarez. And just a heads up to our members on Zoom, we did just get notification that you signed up for departmental item number 2 regarding the Sheriff Overtime Report. That is not this item. This is administrative item number 10.
regarding the North Branch Jail Expansion Project from the General Services Department, so I just want to ensure that your comments are related to that item. Thank you. Primitiva?
Good morning, Chair Nelson and Board of Supervisors. My name is Primitiva Hernandez and I'm the Executive Director of 805 UndocuFund. We're the convener of the 805 Immigrant Coalition across the Tri-County region. And today I'm here on behalf of nearly 200 people representing different sectors from the faith-based community to some elected officials, to advocacy, and also grassroots organizations that have been working on the ground on a daily basis.
And to ask that you take very careful consideration when looking at what this item means to the community, especially in a time that we know you're going to need to be making difficult decisions around budget items. And as some of the speakers have said, we're expecting cuts. And some of those programs are going to be very difficult decisions to make. When you are expanding a jail, you're going to have to I have a brother that's been in jail multiple times. Started with substance abuse and then that led to a life of crime.
So if treatment had been available I think people would take I also have other family members that have been able to get sober. So if you implement systems and programs that help people instead of keeping them in jail, there's alternatives. You're going to revise budget items and you're going to need to make difficult decisions on behalf of everyone in Santa Barbara County.
So I ask that you take into consideration the very difficult road that you have ahead of you for this year and not only for this year. Um, future years because there's going to be state cuts, federal cuts that are going to be impacting programs around food, around housing, and when we come back again, what is going to be the response? That there is no funding, but there was funding for jail.
And I hope that we don't, we don't get those responses. And, um, Lastly, there's going to be some information, some follow-up that we're going to be sending over around multiple decisions that have been made around different budget items for the jail, for the sheriff's office, because it is your responsibility to look at all those items and question how our taxpayer dollar are being spent in Santa Barbara County and if this is what we believe in as a county and the great majority says no. Thank you.
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We will now go back to Zoom with Anna Garcia to be followed by Stephanie Forrester and Chelsea Lancaster. Anna?
Hello. My name is Anna Garcia and I am here to oppose the passing of this jail expansion funding. As has been noted by all of the speakers today, we don't need to expand a jail. We are struggling budgetarily and the people want our tax dollars to come back to the things that we want and we need. Expanding a jail, as Primi said, means that you will have to fill the jail. And I know for some of the fascists in charge, that's exactly what they want, but we the people do not want that anymore.
Y'all are always talking about how we don't collaborate and we come in with ideas, but don't ever help with the follow-through, right, Lavagnino? We're telling you right now, save that money and redistribute it to programs that actually keep people out of jail. So we don't need that. Additionally, There needs to be consideration for the fact that this will likely be misspent and that we will need to address this with legal representation at some point. So the costs will continue to grow. The projections will continue to grow. We do not have capacity or need to expand jail at this time.
Thank you.
Thank you, Ms. Garcia.
We will now go to Stephanie Forrester to be followed by Chelsea Lancaster. Stephanie. Hi. Hi. Stephanie, can you please mute the meeting on your end? Stephanie, if you can please mute the meeting on your end to provide your comments. Alrighty, we are going to Chelsea Lancaster and then we will return to Stephanie Forrester. And Stephanie, if you wouldn't mind just muting all streaming devices before we return to you, that would be greatly appreciated. Chelsea Lancaster?
Hello, Board of Supervisors community. I'm here, as I always am, in strong opposition of the continued moral and fiscal bankrupting of our county at the hands of Sheriff Bill Brown. As Ruth Wilson Gilmore taught us, abolition means not just the tearing down of jails and prisons, but the construction of life-affirming systems. What we're facing in our county is the defunding and devaluation of life-affirming systems, of our healthcare systems, of food, of all the basic necessities of our social services, All the basic necessities and life-affirming systems that actually keep people out of jails and prisons.
In the context of Black History Month, I really wish that we would listen deeply to the Black women who have warned us over and over again about the very police state that we have created. Angela Davis taught us that jails and prisons do not fix social problems, they disappear them. And again, this is just so fiscally irresponsible. This is the one thing that y'all can do is to hold this sheriff accountable. And if you keep telling us that you can't hold him accountable because he's a constitutionally elected employee, then please provide us with some kind of pathway or advisement on how we can change that.
This is just absolutely ridiculous to even suggest this, given the number of lawsuits, the number of payouts, not just for all of the people that have died in the jail, but the people in our community that have died at the hands of the Santa Barbara Sheriff's Department, also on our streets, and their ongoing collusion and cooperation with ICE. Please find a way to stop this, get creative, and center again the robust needs of the community so we can build life-affirming systems and keep each other safe. Thank you.
We will now return to Stephanie Forrester, then we will go to Gina Juarez. Stephanie?
Are you able to hear me?
Yes, we can. Please proceed.
Good morning. My name is Stephanie Forrester. I am a Santa Barbara County resident and I'm also a mother who lost her child to fentanyl. My comments relate to Sheriff's Office overtime and uses reports and the crisis respond items on today's agenda. I want to say clearly that I support the Santa Barbara County Sheriff's Office Deputy does not create the fentanyl crisis. They responded to it after prevention, education, and early intervention had failed.
Project Opiate was implemented under the leadership of Sheriff Bill Brown to address fentanyl through enforcement coordination that works matters. But without sustaining enforcement and following through across systems, no program can be successful. As the board reviews To overtime overage, I ask that the data be evaluated with contents. Overtime exists because deputies are responding to overdoses, mental health crisis, and emergencies that occur after prevention has been broken. These numbers don't exist in isolation. In 12 days, it will be my For four years since my son died, February 22nd, 22, and he was 22 years old.
For families like mine, there are ongoing issues and they are urgent. What's difficult for me as a parent is to see the Sheriff's Department to continue to carry the consequences while other systems remain unimplemented. Fentanyl education in our junior high school and high school is still inconsistent. Preventive efforts lag. Behavioral health and housing programs remain stretched beyond capacity. I'm asking the board to look at this holistically, to support the Sheriff's Department with the fairness and the contents to ensure the enforcement and the follow through.
Initiatives like Project Opiate could actually prevent loss and not just respond to it.
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Thank you Ms. Forster. I believe that was actually a comment for departmental item number two but we will take that into the record and make sure that we take that in consideration. So thank you for being here and we're sorry for your loss.
And Chair Nelson, members of the board, we have two additional requests to speak on A-10 and just a reminder to the public who have requested to speak on this item. This is from the General Services Department regarding the Northern Branch Jail Expansion Project and not the Sheriff Overtime Report. We will now go to...
Madam Clerk, before you do that, I'm gonna go ahead and close public comment on A-10 just in case. Great. So we're gonna go ahead and close that so we can finish up this item and eventually get to our departmental item where I think it's most people want to speak on.
We will now go to Gina Quarez to be followed by Kim Cochran. Gina?
Good morning Chair Nelson and members of the Board of Supervisors. I actually wanted to comment on departmental item number 2.
Great. We will add your name to departmental item number 2. Thank you. And our final request to speak on A10 is Kim Cochran. Kim? Oh, Kim has left our meeting. So that concludes our request to speak on Administrative Item Number 10. All
right. All right. Back to the Board for questions or additional comments. Supervisor Capps, please.
Thank you. I just wanted to go back to my initial statement and comments. It would be helpful to just explain what is this contract for? What's the scope? Does this relate to the size of the expansion? Does this bind us to the size of the expansion? Go
ahead.
Good morning Chair Nelson, Board of Supervisors, Diana Estorga, Capital Division Chief, General Services, Capital Division, Supervisor Capps through the Chair. This is to award the construction management services for the oversight of the design-build process.
Right, I understand that, thank you. But does it, in the contract itself, does it clarify, does it bind us to, I'm on record, in support of the minimal size of the expansion, which is one pod. Does it clarify within the size of this contract that the board is being asked to vote on, the size of the expansion?
There is no direct correlation between the number of pods and the cost of the contract, but the proposal that was submitted for it was based off of the determination by the board to proceed with one and a half pods.
Supervisors, thank you Ms. Storgum. Wade Horton's Assistant CEO, and we apologize that Kirk Lagerquist is on jury duty, so he's not able to be here, but Wade.
Supervisor Capps, to answer your question directly, no, there's not a correlation between 1 and 1.5 pods. The construction manager is important because it's important that they be, they're part of the process of the design-build process as we're evaluating, we bring them on board usually with the design-build process, so they're part of the evaluation of the competing firms and that's why it's important to bring them on today, but there's not, Making this decision today does not lock in whether we're going to proceed with one or 1.5 bods. That discussion is going to be brought back in April for your board to consider, and we have the construction manager, as I mentioned before, they're going to be part of the process to select the design-build team, which will be brought back to your board in June.
Okay I with due respect I just got two different answers though and I just don't want to get to the point and I've been an elected official long enough that sometimes inertia takes over and then you get told oh it's hard to pull it back and so I am I'm not going to support something that that does lock us in and I want to be crystal clear this is a big contract it's for a lot of money it says up to five million dollars it's not up to me to read every initial of the contract, but it is up to me to vote for it. So I just want to be very clear that if I am to support this, and you do need four of us to do so, I understand the need to get somebody in place, and the point was made to slow this down. We have slowed this down for years, so I don't want to continue to do that.
But I also want to make sure that we are not locking in something that has not yet been fully locked in by this board.
Definitively, this does not lock in whether we proceed with one or one and a half pods by approving this construction management contract today.
Thank you for that answer. And so also, too, does this include the cost of rehabbing the Northwest space, which is confusing to say, but that is in the South County Jail.
No, this action today does not include the costs of rehabbing the Northwest space. This is just for the construction management contract.
Okay, I got a different answer when I posed that to General Services earlier in the week. That that was part of the camp, that that was again staff to staff, but that it was, that this contract was part, that this contract included a cost analysis. of rehabbing the Northwest space in the main jail?
No, it does not. Okay. Can I have one minute to convey with staff, please? Yes, certainly. Through the chair.
Yep, absolutely. And maybe I kind of have a question for CO Miyasato while they're talking. What is board direction right now? Because I think we It sounds like there might be an off-ramp in April, but I do think we, and I understand there's some supervisors that want to change what was voted on, but there was a vote to move forward with one-and-a-half pods. I know that some of us wanted two pods, and some of us wanted one, and I think we settled in on one-and-a-half.
Thank you to the Chair Nelson. Yes, the board had directed staff to proceed with one and a half pods. The board also was interested in a study to see what would it be the cost to look at parts of the existing South County Jail, which is called Northwest, and to look at what's that cost. That work of, I think what Supervisor Capps is referring to, the work to evaluate Whether that could be fully made ADA compliant and renovated and the cost of that and doing a cost comparison, that's proceeding right now. And we would hope to bring something back to the board in April for the board to see that. And then if the board wanted to give us direction, we've heard enough, but the board hasn't formally given us direction to come back, not only with that analysis, but for the board to potentially have a different direction on the number of pods.
So our plan would be to come back to the board in April with all that information.
So would part of that discussion include... If the Northwest could be rehabbed, all the ongoing operation costs of actually running two hospital units, two psych units, all the extra, I mean the duplicity of having two locations.
Supervisor, Chair Nelson, that would be our intent. I mean we came back, we came to you at some point that some of the folks mentioned with an analysis of one, one and a half, and two, and we tried to include the operational costs as well as the physical rehab costs, etc. So our intent would try to come back with that information.
Okay, thank you. Mr. Horton, please.
Thank you. Sorry for the delay. So yes, this contract is for construction management before the board today. The Northwest analysis is being performed by another consultant. So this today is just for the construction management contract.
Thank you. So that analysis would happen in a different contract?
That analysis is currently already underway and that's going to be brought back to your board in April.
Okay. All right. Thank you for that. Because that's important to me because I think that does, that bears out in the level of expansion. And okay, so I think, again, I think what you're hearing from the public and something that I want to echo is just a real concern of the timeline here and making sure that, again, the train doesn't leave the station and it's too late because More information has been presented, even since that direction was given in a challenging conversation.
A good one, a good one, but it was challenging. I mean, the data that we asked for has since come back, not in the most crystal clear form of retention strategies. CCP, of which I serve, there's a great working group, so a lot of information is coming forward as this work is also happening, and I believe that that information, that data, shows that we can do more with less. So, and I agree with the sentiment of many of the speakers, that the focus should really be on keeping folks out of jail, which is why I'm on record with the lowest number of pods possible.
I just want to again I don't want to slow things down because I recognize that I came in as a supervisor three years ago and this conversation had already been in sort of the seventh or eighth inning of a lawsuit but I do really think it's important to get this right and this price tag is quite high and I don't want this to lock us into a size but I've just heard very very loud and clearly from our Assistant CEO Horton that this does not lock us in.
All right, thank you, Supervisor Capps. Supervisor Lavagnino, and then we're going to go to Supervisor Hartmann in Santa Barbara. Great, thank you,
Mr. Chair. Yeah, I don't think there's any board member who would rather build a jail than feed hungry people. That's just not what anybody's doing. So what I'd like to do is, and we were talking about slowing down in timelines, if I could ask County Council, if you could just kind of give folks a brief It's hard to do a brief history, but what is the timeline? Where are we at? Because there is a lot of new information coming in. I'm interested in hearing more in April, but could you just give us what we're supposed to be doing?
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Supervisor Lavagnino and members of the board. There is existing litigation on conditions of confinement at the jail. We started working with Disability Rights California in 2015. It's been going on for quite a while. That's when they originally inspected our main jail. And in 2017, there was a class action filed against the county. And in 2020, we entered a stipulated judgment and remedial plan.
Under that remedial plan and stipulated judgment, we had timelines for meeting certain deadlines, including construction deadlines. We were not able to meet some of those deadlines and so in 2023 we entered a stipulation to extend some of the deadlines including for construction. So that current deadline now is July 1st, 2029 as it relates to the Northern Branch Jail.
So that's the timeline we're operating under and that's everything to be completed by that date.
Okay, thank you. I think that helps. Let folks know, I mean, this thing's been going on now for 11 years. I don't want to do any more than what's necessary. We don't want to have one person in there more than we need. I just want to caution folks, too, though, that we have a county of almost a half a million people, and I know everybody in here is a law-abiding citizen and does what they're supposed to do, and unfortunately, percentages will tell you that there are some people out there that want to do harm in the community, and unfortunately, those people, although there are many, many, many alternative programs, some folks just end up in a place where that's last resort. And I don't know if anybody has the stats on how many folks are in there right now for felonies.
Commander Sullivan? I don't know.
Chief Sullivan. Supervisor Lavagnino through the chair. I think in our the recent item we brought several months ago to the board it was approximately 85% felony but I would add that you know in 2025 our population increased by 31 individuals over 2024 which is the data we provided I think in June or July of last year. So we are tracking that. We do have the Jail Population Review and Advisory Team that is meeting regularly to discuss these items and, you know, encourage diversion when appropriate.
And we'll be bringing another item after the April meeting, probably in June or July, to your board.
Thank you very much. Okay. I think the takeaway from this is I think the public and we are aligned in that we don't want one person in there more than needs to be there. And we have spent Millions and millions and millions of dollars on diversion programs, mental health programs, trying to get people out of the jail. We still have work to do in that area. I want to build the jail the right size, but as small as humanly possible that meets the requirements of what we need to do. And I think I think that's the takeaway from this.
Thank you, Supervisor Lavagnino. I'm going to go to Supervisor Hartmann in Santa Barbara.
Thank you. I'm prepared to support staff recommendation on this item, but I want to be very clear about what's coming back in April. What we initially requested was an analysis of the 1.5 pods and rehab of Northwest. I think given our budget situation there are a number of us on the board who also want an analysis of just one pod. So I want to make sure that we get that and I want it to come as Chair Nelson suggested where we're looking not just at the construction costs but what does it cost to run the facility over time. Can we be assured that that will come back in April?
If the board gives us that direction today, that would be helpful for us. We were going and exactly what you'd like to see. We provided you information on April 1st, 2025, and that's when the board made the decision for one and a half. We can update that information. Obviously, we'd be working closely with the Sheriff's Office to get that operational data. But it would be enough hopefully for the board if it wants to go a different direction to make a comparison. But if the board would like to include that in your direction today, that would be helpful. So
just help me understand, how different is that from our current direction? So I'm trying to figure out the distinction between the two.
Your current direction was authorizing us and General Services to proceed with one and a half pods. And what that means is, as Supervisor Capps brought up today, is that all our documentation working with the design build team, the construction, has assumed that. All of that can change. The board has that ability before we actually sign the construction contract or award to the design builder. So we'd like to come back in April with the data and for the board to tell us what direction you'd like to go in. I know that right now General Services is working with a couple of design-build firms that are in competition with each other so they would have to go back to them if the board changes direction in April to say it's not one and a half it's one or some combination of something else.
I talked to Director Lagerquist last night and he basically said that is it how would that What would that do to the schedule? Instead of the design builders coming back in June as we had planned, it might come back a month, a month or two later. In truth, if the board chose a smaller construction project, he said at the back end, it might, because it's a smaller project, construction would go faster, so you may not be overall changing the schedule that much.
I mean... Sorry, get back on the mic. What we're potentially asking here is for more information. We're not, you know, we're not agendized right now for to change this at this point. We're just to adopt this, but part of that we would might ask for or give direction for a future item or future information that you provide to the board. Is that, is that how you understand it?
That is how I understand it and if the board would like us to come back in April not just with more information but the comparison for the board to provide direction to re-evaluate its former direction that's helpful because we were just coming back to the board with information. If your board's intention is to come back with enough to make for the board to make a different decision that would be helpful so we can provide enough information to the board.
I think some of us are fine where we're at, but I think more information is helpful, you know, and I think some are hoping to make the case to those who might want something different, so I think that's where the information comes into play. I don't think we're ready to say we're moving off the one and a half. I mean, we're not agendized to do that today, but I think we need to, but what I'm hearing is that we want to make sure that we don't get to April and that we can't make a decision because we don't have enough information is what I'm hearing, and so I think the board is really I'm hoping that that's what can come out of that conversation so that we have everything on the table when we make a decision one way or the other.
Is that where everybody's at? And does that need to be part of a motion or is that just kind of understood from?
Help us I think just keep a clear record. You're directing us to come back in April with more information that was discussed today. Okay.
1:01 – 1:0411 turns
Go ahead,
Supervisor Capps. Yeah, Chair Nelson, I really appreciate how you're trying to pull this together and reflect my discomfort with this item. And I would like to just make it a little more specific for me to vote for it would be to indicate on the front end of this contract this new information that's coming to light in April with the designs of the main jail, which would have a direct impact on the scope potentially.
Certainly for some members of this board. So if there's a way to communicate that so that it doesn't disrupt this construction firm. On the front end of the contract, I don't know if that's written in before this is signed or but it can be part of this motion. That's the way that I would be able to support this.
So let me just try to land that a little bit. So we are going to give direction hopefully at this point to move forward with this contract. We're going to give direction to the CEO's office to come back with a full package of information in April. And then you want further clarity that this contract does not lock us into a one or one and a half pod commitment. And I'm just trying to figure out how to add that into motion, if that's even possible to add that into motion. I'm not sure. I don't know what that language looks like, so I'm trying to
Yeah, I mean I think it's like communication to, I mean we've chosen, it looks like you've chosen a consultant and communicating that the board is getting further analysis in April and the scope might change. However, that needs to be communicated. Okay,
so let me... With the approval of this contract, does the general services and the CEO's office feel comfortable in communicating to the project manager or construction consultant that the conversation of the board is ongoing and would be potentially finalized in April?
Yes, the contract, Supervisor Nelson, the contract is a not-to-exceed. So if the contract length shortened, it's feasible that the fee for the construction manager would decrease as well. But it's a not-to-exceed contract. So whether it's, again, it's one or one-and-a-half pods, you can move forward today, and you're not locking yourself in, again, between one and one-and-a-half pods with approving this contract.
I understand that. Thank you so much, Mr. Horton. But it's more than that. Not locking ourselves in and just communicating that to the consultant that we're about to give a $5 million contract to.
We can definitely relay that to the consultant. Yes.
All right. I'm comfortable with that. So let's go ahead and get a motion to adopt staff recommendation along with the direction provided the CEO today on the information that the board expects to have at the April hearing. So that's the motion I'm looking for. Can I get a motion on that? That sounds like a good motion. Actually, I'm making the motion accordingly. Would you like me to second it? Yeah, would you mind seconding it, Supervisor Lavagnino? Yes. Okay, so motion by Nelson, second by Lavagnino. Let's go ahead and do a roll call vote.
Roll-call vote Passed 5–0 motion by Nelson, second by Lavagnino. Let's go ahead and do a roll call
Show transcript
Motion passes unanimously.
All right, well that concludes our administrative agenda. Let's see where we're at here. Let's go ahead and we're going to move right into our now it's time for members of the public to speak on items that are not on the agenda. Madam Clerk, are there any requests to speak on general public comment?
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Chair Nelson and members of the board, yes, we have four requests to speak from the public on general public comment today.
And I'm going to go ahead and close general public comment this time.
And we will go to, we will begin in Santa Barbara with Adan Kiss the Comedian. Then we will go to Zoom with Chelsea Lancaster. Adan?
Speaking of jail and Black History Month, I just want to say something real quick. Good morning Supervisors Roy Lee, Laura Capps, Joan Hartmann, Bob Nelson, and of course my favorite, Steve Lavagnino. Still haven't checked my website, Steve. My name is Adon. Some of you guys know me as Kiss the Comedian. But today, I'm not here as a comedian, but as a victim and a citizen.
I was a client at Step Down Program Sober Living Housing Unit here in Santa Barbara, which is owned by a non-profit Good Samaritan shelter, funded by the county's taxpayers' money, federal taxpayers' money, and donors. I was wrongfully kicked out after being cursed and threatened by non-profit Good Samaritan staff members Ryan and Jack. I was called every name in the book, a monkey, a nigger, African, and a Trump supporter.
And a non-profit against American staff treated me like Adolf Hitler, a genocide in Berlin, Germany. After they found out, I posted a video on YouTube. They kicked me out and said, we don't want our staff being exposed. You're homeless. You will be replaced by 5 o'clock today by another homeless bum. And St. Kyle Medical will still pay us $5,000 for each client.
So I'm begging you from the bottom of my heart, do not let non-profit Good Samaritan get away with this. Please open an open investigation. Key staff members include Josh Rodriguez, Program Manager, Donna Flores, Director of the Program, Todd Johnson, Operations Manager, If you don't believe me, ask my lawyer, Russell Brown, at RPX Law, right here in downtown Santa Barbara, how many homeless people he's representing currently against non-profit Good Samaritan, how many complaints he gets from the staff, being so unprofessional. The video audio is available on my YouTube channel, Kiss the Comedian.
And everywhere I go, every time I try to look for a shelter or any mental health services, it's owned by Good Samaritan. I'm outnumbered. I'm getting bullied. Last night, I slept at the elevator of Victoria Village around the corner. And I saw Leo DiCaprio live in a Cadillac with his 22-year-old girlfriend. I was standing in front of the film festival. But so I'm asking you guys, Good Samaritan, please open an investigation.
Instead of, you know, opening the jail like the people don't want jail, you know, to open up more programs to help people, you know, that would be awesome. I heard from the public. Steve, tell your dad, I said, Larry, I said, hi, you said you're going to check out my website. I hope you do. But if anybody has services that is not owned by the Samaritan that helps the unhoused, please let me know.
I give my information to the front. Thank you so much.
We will now go to, I'm actually not seeing Chelsea on Zoom, so we will return to Santa Maria with Sofia Navarro to be followed by Karen Hauenstein. Sofia?
I would like to start off with, this is just a little book I have, Common Law Handbook for Jurors, Sheriffs and Bailiffs. I don't know if you guys are familiar with it. Let's see. Just a quick excerpt from it for the sheriff. America will never be destroyed from the outside. If we falter and lose our freedoms, it will be because we destroyed ourselves. Abraham Lincoln. The County Sheriff is the last sign of defense when it comes to upholding and defending the Constitution. The Sheriff's deputies and obligations go far beyond writing tickets, arresting criminals, and operating jails. The sheriff has an obligation to protect the constitutional rights of the citizens in our counties. This includes the right to free speech, the right to assemble, and the right to bear arms.
Remember the oath.
Ma'am you need to address the board in your
public comment.
It's okay.
Talking to Mr. Bilbray back there. That's
another time. For now you're addressing the board.
Okay. Apologize. And then I wanted to read, let me see my time real quick. I read this in the forum for the San Luis Obispo County and I would like to reiterate some of the statements that I made to them here to you guys. Good afternoon. My name is Sofia Estrada. I live in Santa Maria. I come to implore you today to please establish clear noncompliance with the federal immigration agents that are enforcing very violently and crudely a memo written to look and sound legal while doing immoral and unconstitutional acts to our communities.
Your silence is harming us. Your silence has killed too many of us. Are you waiting for a list to include murders, deaths of residents from your district for you to understand the threat these agents pose to your community? The state must stand together against this legal violence wrapped in paperwork. I ask the board to hold all federal and state officers and agents in your jurisdiction to the highest standards of conduct.
If any federal If any federal, state, agent, or officer cannot carry out their day-to-day duties and tasks that their position entails in a responsible and respectful manner, they should not be permitted to hold their position, especially if that position entails them carrying a lethal or non-lethal weapon. How is it that we can call ourselves a civilized nation but we lack rules and accountability about what a person claiming to be law enforcement is permitted to do to another human being?
I already, I made some calls to like the congressmen and all that so I just implore you guys to do your part in establishing policies that will That will stop ICE agents from doing the unconstitutional things that they're doing here in the community and some accountability for the Sheriff's Office. Dang it. Hold
on. It's your time.
We will now go to Karen Hauenstein, who is our final speaker in general public comment. Karen.
Yeah, okay. ICE is doing a great job. Individuals who work for our federal government and enforce the law are doing a great job getting the cartel operatives out of California. A lot of surreptitious criminals entered our country through that open border. What I don't like in this county, Laura, is the permissiveness that's happening at the county level for partisan interests.
We have leaders in our government who are allowing fraud to happen, like The man down in Santa Barbara just informed you another side of the fraud that's occurring with Good Samaritan Shelter. So Good Samaritan, and who's supposed to investigate this? I guess nobody locally, right? We got to go to the Department of Justice to get them to investigate nonprofit fraud and waste, white collar crimes.
Santa Barbara is, I'm going to be famous for this because of the amount of nonprofits that exist here and the fraud and waste that's happening and the people who are being protected. And in Lompoc, they're running a shelter where they charge people $500 a month to share a room. A friend of mine who's 65 and has her own private insurance found out that Good Samaritan Shelter is billing her insurance for adult daycare services.
That's happening right here in our county. Who's gonna investigate that? Who cares? God bless you. Thank you for your service. But what I don't thank you for, Sheriff's Office, is the law enforcement. I know it exists because it happened to me. You know it exists because you did it to me. You did it to me then, Bob, because you're their
boss.
And I had you in my house and you know the whole story. So I'm abused by it. It drugged me for a year and then the liberal district attorney dismisses the charges. So my reputation is ruined and I can't get a job, a good one to support myself and my kids. Stop the law enforcement completely. And maybe you'll have less people in jail like me.
Thank you, Ms. Hauenstein.
And that concludes general public comment for today.
Okay we're gonna go ahead and take a five-minute break or five-minute break and then we'll be back for our first departmental item which would be departmental item number two. We've already continued departmental item number one as part of the initial motion so we'll be going right into departmental item number two. All right, welcome back to the February 10th meeting of the Santa Barbara County Board of Supervisors. Madam Clerk, can you please now read item number two into the record?
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Chair Nelson and members of the board, departmental item number two is from the County Executive Office. It is a hearing to consider recommendations regarding fiscal year 2024 through 2025, Sheriff's Office Overtime Usage Report.
All right, Ms. Hartmann.
Good morning, Chair Nelson and Supervisors. I'm Tanya Heitman, Assistant County Executive Officer. I'll be walking you through the presentation regarding Sheriff's overtime usage for fiscal year 24-25, after which the Sheriff and Undersheriff will present some of their current efforts to address overtime costs. I have with me HR Director Christy Schmidt, who has helped inform this presentation, and Deputy CEO Ronna Warren, who assisted with research and preparation of the materials, and Auditor Betsy Schaefer and her staff, who are in the Santa Barbara boardroom today.
After the presentation, they, as well as the Sheriff and his team, are prepared to assist in answering any questions you might have. I want to acknowledge the work that's gone into understanding the many factors that we'll be reviewing today, as well as share my appreciation for the collaborative approach taken in discussing potential solutions. The Auditor's Office, HR, and the Sheriff's team have all made themselves available for numerous meetings and phone calls in an effort to have a shared understanding of the issues and the various perspectives.
By way of background, your board and the CEO requested the auditor review Sheriff's overtime usage for fiscal year 24-25. The auditor's internal audit team conducted a limited scope engagement analyzing timesheet, payroll, and general ledger data to report on Sheriff's timekeeping practices and costs as it pertains to overtime. The review was not a full audit and did not include interviews of sheriff staff or HR.
Instead, the analysis focused on how overtime is earned, coded, and reported. It's worth noting that as we review the auditor's observations and consider potential responses, your board's authority is limited to the budgetary impacts and it is outside your authority to direct the sheriff's operations. The auditor's office estimates they completed approximately 375 hours of work, reviewed over 19,000 timesheets covering 824 employees for fiscal year 24-25.
The auditor then issued a memorandum on December 12, 2025, with eight preliminary observations. Before we turn to the observations, a brief overview of the fiscal situation is warranted for context. Sheriff overtime costs increased significantly beginning in fiscal year 22-23, rising into the $18 to $22 million range annually. In fiscal year 24-25, overtime totaled approximately $20.4 million and the department ended the year over budget for the fourth time in five years.
As of January 2026, overtime spending exceeded 100% of the budgeted overtime for the current fiscal year and absent additional controls, the projected year-end deficit could approach $9 million. As has been raised in previous Sheriff overtime discussions, overtime is needed due to a variety of factors, some of which are out of the Sheriff's control. Staffing levels, vacancies, and changes in operations, such as the opening of the Northern Branch Jail, all contribute to the overtime situation.
However, there are other factors that exacerbated the situation, which are the focus of today's hearing. There are some key terms that we should cover. Many of the observations noted directly relate to agreements outlined in memorandums of understanding between the county and the Deputy Sheriff's Association, or DSA, and the Sheriff's Management Association, SMA.
Under California law, employers are required to meet and confer with labor representatives regarding changes to wages, hours, and other employment terms and conditions, including changes to overtime pay. However, the sheriff or county management continue to have authority to manage operations and direct the work. What is referred to as management rights ensure that operational decisions are vested with management.
Management rights cover decisions such as when overtime should be authorized, whether a specific activity warrants the use of overtime, appropriate staffing levels, performance standards, hiring, and promotional decisions. For additional context, there are two different types of overtime. There is FLSA overtime, governed by federal law under the Fair Labor Standards Act, and MOU overtime, which is defined and negotiated through a labor agreement.
FLSA overtime ensures that an employee covered by the act is compensated at time and a half when working over 40 hours in a work week. FLSA includes special provisions, including an extended work period for public safety workers to accommodate the unique schedule needs of a 24-7 operation. This extended work period affords law enforcement officers overtime pay after 86 hours over a 14-day period, rather than 40 hours in a 7-day work week.
You might think of FLSA overtime as the minimum that all employers are required to provide to their employees. MOU overtime is more flexible than FLSA overtime and provides greater benefit to the employee than FLSA overtime. For example, in our county MOUs, an employee may apply vacation, holiday, and other leave balances to reach the overtime threshold, while FLSA would not count these hours as worked.
The Sheriff and Fire MOUs also allow sick time to be used to reach the overtime threshold. The DSA MOU allows for overtime accrual at 80 hours rather than the allowable 86 under FLSA requirements. With this baseline understanding of key concepts, we can turn to the internal audit team's observations. The response to the observations, including insights from HR, Sheriff, and Women in Alignment, the County Executive Office, and finally, recommendations and proposed next steps.
The auditor's first observation identified a pattern where employees used leave balances, such as vacation or sick leave, to meet overtime thresholds while also putting overtime in the same pay period. This occurred in 36% of timesheets and was associated with approximately $5.9 million in overtime costs. As referenced earlier, all county MOUs, as well as many MOUs across the state, permit employees to use vacation time toward the threshold of hours needed when calculating overtime.
Our sheriff and fire employees are also permitted to use sick time when calculating overtime. It's unclear how much the practice of using SIC balances to meet overtime threshold is contributing to overtime costs. To better understand the fiscal impact of this practice as well as any controls in place, the CEO recommends that internal audit conduct further analysis.
The second observation relates to how overtime is recorded, not necessarily how it is earned. Internal audit observed that overtime is often coded earlier in the pay period before regular hours appear on the timesheet. The issue raised in this observation pertains to when overtime is recorded and does not necessarily represent an abuse of overtime. Coding overtime on the actual day that the overtime is worked ensures that overtime costs are attributed to the correct budget area, such as custody versus patrol.
It's not an abuse, however, distinguishing between FLSA and MOU overtime in the payroll system would provide greater clarity. This slide includes an example illustrating why overtime would be coded first on a timesheet. To summarize, if a patrol deputy is scheduled to start their work week on Wednesday but is called in for overtime at the jail on Monday, the overtime should be coded to the jail on Monday when it was actually worked, even though regular hours are not scheduled to start until Wednesday.
Doing so ensures the overtime is attributed to the jail instead of patrol and accurately reflects the deputy's regularly assigned schedule. Before turning to the next observation, we should address standby status and portal-to-portal compensation, as these concepts are relevant to Observations 3, 4, and 7. Standby status refers to when an employee is not actively working but is being compensated because they are subject to returning to work and must remain available to report immediately if needed.
Under the DSA MOU, placing an individual on standby entitles them to compensation of $4 per hour as well as portal-to-portal pay should they be required to return to report to work. In broad terms, portal-to-portal compensation allows an employee to be paid for their travel time to and from their work location. This is designed to compensate employees being impacted by a return to work status outside of their regular schedule.
Standby is a benefit to the employer as it allows for an emergency reserve of individuals ready to return to work status rapidly. While on standby status, an employee must remain within a reasonable distance of their work location and cannot do anything that would compromise their ability to return to work immediately. Turning now to Observation 3, internal audit found that 24% of all workdays exceeded 12 hours, with a smaller number exceeding 16, 19, and 24 hours.
The Sheriff's Office indicated these extended days are typically associated with emergencies, court appearances, training, and standby-related portal-to-portal compensation. However, based on the information currently available, it appears the greatest factor was the use of standby to operationalize mandatory overtime shifts necessitated by vacant positions, which then triggered what was described by the Sheriff's Office as portal-to-portal pay.
The result was that many deputies working mandatory overtime coded an extra three hours to their shift. Due to limited record-keeping, it's difficult to fully assess the need for these extended shifts. Improved record-keeping by the Sheriff's Office and further review by Auditor and HR to assess the factors contributing to these extended shift links, as well as to identify alternate methods of operationalizing mandatory overtime is recommended.
Internal audit also observed that mandatory overtime shifts were often longer than regular or voluntary shifts, commonly ranging from 14 to 19 hours. The Sheriff's Office has already taken steps to reduce custody overtime shifts beginning in January 2026, which is a positive development. Notably, mandatory custody overtime shifts were reduced from 14 to 4 per shift rotation. For reference, each shift rotation spans approximately 16 to 18 weeks.
That said, as noted in Observation 3, further analysis and review by the auditor and HR is warranted to ensure that when mandatory overtime is utilized, that it is operationalized both fairly under the MOU and in a fiscally responsible manner. The next observation involves overtime exempt managers working extra help assignments and receiving additional pay.
Due to time card system limitations, these managers coded their time as extra help rather than overtime. Internal audit characterized this as hidden overtime and took issue with the manner in which it was coded. The practice of allowing overtime-exempt managers to work overtime was permitted by a July 2022 side letter between DSA and SMA to assist with staffing shortages.
The Sheriff's Office has indicated this practice will end on March 1st of 2026. However, exercising better management oversight could have brought awareness to the concerns related to this practice sooner. Additionally, there appears to be some opportunity for SMA members to continue working overtime related to contracted services past March 1st and thus further review of the manner in which this is recorded in the time card system is warranted.
Internal audit raised concerns about the use of comp overtime accounts, which allow employees to bank overtime at time and a half and use it later as leave or cash it out. The DSA MOU allows employees to bank overtime hours for use as a leave balance, similar to vacation, or to cash out the hours at a later time. This is also referred to as accruing comp time.
Employees have discretion to bank or accrue up to 120 hours and management has discretion to allow an employee to bank 121 to 240 hours. However, per the MOU, an employee should only use accrued overtime if it does not result in additional overtime costs. The manner in which employees were allowed to use their comp banks, irrespective of the impact on subsequent overtime, created a multiplier effect. Let me explain.
If an employee assigned to a 24-7 post works a 12-hour overtime shift and elects to bank the overtime hours for later use, they would bank 18 hours. Time and a half. If the department allows the employee to use these hours in lieu of working a required shift of 18 hours, they then will have to fill behind the required position, resulting in another employee getting paid 27 hours or accruing 27 hours, thereby creating a multiplier effect, which, with each employee's use of their accrued time, resulting in even greater need for overtime.
This multiplier effect is intended to be avoided by the provision that employees do not use accrued overtime if it results in additional overtime costs. It appears this practice was addressed in May 2025 when the Sheriff's Office subsequently restricted the use of overtime accruals which would result in additional overtime costs. Further auditing is recommended to review the effectiveness of this practice change and whether additional controls are needed.
The auditor also expressed concerns regarding tax compliance issues related to claiming exempt status when cashing out overtime accruals. To address the concerns, DSA and SMA leadership advise their members to consult tax professionals before modifying their withholdings through an exempt status. Next, internal audit identified that 29 employees earned more in overtime pay than in regular pay, with the highest earner receiving $287,000, $170,000 of which was in overtime pay.
The Sheriff's Office reports that management is exercising enhanced oversight of overtime assignments, reducing mandatory overtime, maintaining controls of comp overtime usage, increasing oversight of other leave balance usage, and evaluating demand-based staffing models. These are positive actions but not directly responsive to the concern. The Sheriff's Office and other similarly situated departments should continue to work with HR to identify additional controls and appropriate practices.
Internal Audit's final observation noted that newly hired employees coded overtime. Typically, overtime assignments require training certification that is not attained until at least 6 to 12 months of training. Thus, new employees would not be anticipated to work overtime before that period. The Sheriff's Office has often reported that new employees are not, quote, productive assets until they are fully trained. Thus, it would be counterproductive to pay them overtime during the training period.
The Sheriff's Office reports that as of October 7th of 2025, it has provided direction that seeks to eliminate or reduce overtime used by newly hired employees in training. Steps taken will likely address a portion of this type of overtime, but monitoring will be needed to ensure that it's having the desired effect. As we come to our recommendations, I want to reiterate that overtime is a necessary component of any public safety budget.
We're not aiming to fully eliminate it. When used properly, it should be anticipated and budgeted appropriately. Overtime costs are impacted by training levels, vacancies, and operational changes, but can also be impacted by too few controls, lack of oversight, and transparency. The County Executive Office is striving to improve recordkeeping, which will allow for greater analysis, controls, oversight, and transparency.
Towards that end, the CEO recommends that the Sheriff continue efforts to strengthen internal controls and oversight of overtime, including exercising management controls and building accountability and tracking so that concerns are addressed as soon as possible. Further review by auditor-controller of the Sheriff's overtime, including controls in place, recommendations related to record-keeping, and review of overtime use in other departments.
And lastly, that HR explore opportunities through upcoming labor negotiations to improve accountability and control of overtime and comp time use. Your recommended actions for today appear on this slide. In sum, we ask your board to receive and file this report, request that the Sheriff's Office continue to explore and implement controls to manage and reduce overtime, direct the auditor controller to conduct further review or audit as appropriate, and direct HR to explore opportunities to improve accountability and control of overtime and comp time in the upcoming labor negotiations with DSA and SMA.
That concludes the presentation by the CEO's office and I will move to the sheriff and under sheriff's comments.
1:36 – 1:4429 turns
Before we get there I want to make sure the board has opportunities to ask questions based on this presentation and then we'll go ahead and hear from the sheriff as well. Is there any clarifying questions at this point? From the board, anybody have anything? Okay, I did and actually Supervisor Hartmann, did you have any questions
based on this
presentation?
Yes. Are these, is the overtime pensionable? Has that been examined in this audit?
I'll go ahead and answer Chair Nelson and Supervisor Hartmann. Overtime, it depends on the employee. Overtime for PEPRA, which is the majority now of our employees, is not subject to pension. But there are some legacy employees where, This is correct. It's a little bit different in the county. There are legacy employees where that is still a practice.
So did we look at the costs of the pension for the legacy employees of overtime? I guess that's a question for the auditor.
Yeah, Chair Nelson, Supervisor, I would defer to the auditor on that question.
Auditor Shaffer, are you down there in Santa Barbara?
Yeah, can you see me?
Not yet, but we can hear you. Go
ahead. No, we did not look at the cost for that. We just looked at the payroll data.
And then I had another question. It seemed that in the report there were a number of things about time card limitations. What's wrong with our time cards?
Well, we can improve the system. I think during that time period, I tried to, you know, we were going through a payroll division chief change, and we were working on other things. And so when this topic came up, that was the way it was implemented. So we'll definitely look at it better, especially if this practice is going to continue.
And then I had some additional questions. So this particular audit came as a result of the CEO and board request to look at the sheriffs over time. So does the auditor's office, I guess, do you sometimes look at other programs and departments? What would trigger your initiative to conduct audits of other programs?
Right. So every year we do a risk assessment countywide, and that normally informs what audit projects we do. That goes, I think, in July, around July of every year. And we also solicit input from departments or members of the public. We also have a whistleblower hotline that can inform some of these things.
Is this the first audit of the Sheriff's Department or are there others?
We have done in the past a, you have to think about scope. So there are different projects. So there was a review of the dispatch center. There's been reviews of just the normal financial as part of single audit with their grants. So yeah, I mean, there have been other audits.
Thank you.
All right, thank you, Supervisor Hartmann. Supervisor Capps?
Thank you. I have some basic questions, and Mr. Hyman, I'm going to ask you to repeat yourself because it's very complex. When someone, I think, looks at this, they think, like, would very much think this is a very complicated system of a lot of terminology, standby, portal to portal, Anyway, so I'm going to ask you to explain some of that, but to, I just want you to know that I hear about this a lot and maybe all of you are as well, but I, you know, just even in doing my errands, you know, people are really concerned about what's happening, the oversight, spending so much money because they also see that we're facing such budget woes and such pressure from the federal and state budget so that's the nature of my questions they are really coming from my own concern but also from the public and so speaking to the budget and the first part of the presentation you mentioned it referenced the overrun due to overtime last year was four million and now it says we're on track for a nine million dollar deficit for this year this fiscal year unless changes are made is that that correct?
Chair Nelson, Supervisor, that is correct.
Okay, so, but what I understand from the presentation, changes have only started as of January 19th, just a couple weeks ago.
Supervisor, through the chair, there were changes made at a variety of steps along the way. I believe one that we referenced was made in October of 2025. There was one in May of 2025, and then more recently January, and then one that won't go into effect until March. So various changes have been made along the way, but the period by which the auditor was looking at is Last fiscal year, so we really don't have any review yet of how these changes are playing out and how effective each of them have been individually.
Supervisors, maybe our budget director can just answer your question flatly, which is, your question was, are they, are we seeing that they are still going to be over budget for this current fiscal year?
I mean, we're months away from budget workshops. Are we looking at potentially a $9 million overrun again?
Supervisor Capps through the chair, yes and you'll hear on March 3rd our quarter two report that that will provide a little more information on that but yes right now they're trending close to a nine, nine and a half million dollar deficit by the end of this fiscal year.
And that comes from the general fund and that is not part of our budget so that has to be taken from elsewhere.
Yes, like in prior years, if we have a surplus from other departments in the general fund, it would come from that. We're looking right now maybe $11 or $12 million surplus. Again, this information will be provided in more detail on March 3rd, but if they end up with a $9, $9.5 million NFI, we could end up with only about a $2 million surplus. So were it not for that, we would have $10 to $12 million left over at the end of this year.
If they end up that short, it'll take most of that.
So needless to say, this is a serious problem. So, okay, now to my clarifying questions. Thank you for that. Just in plain language, can you clarify for me, you know, standby time. So that means that you're not actively working, but you're available. Can you elaborate what that means and what's the problem here? What did the auditor find? The auditor can speak to that or you can, Ms. Hyman. What's been the challenge there of how the system has not been working?
1:44 – 1:5012 turns
Chair Nelson, Supervisor, I'll provide a high-level description of standby and allow the auditor to expand on some of the findings and what payroll identified. When you put an employee on standby, they typically can remain at home. It may be 24 hours that they may be on standby, so they're not at the work environment. They get paid under the DSA MOU at $4 an hour to stay in this status of being ready to return to work.
Once they are called to come into work, then they switch from the $4 an hour standby to typically overtime. And under the provision, they would get paid for the time that they get the call until they return to their home or where they started at the end of their workday. So it expands the number of hours that they would typically be compensated for. And the way that it was implemented, aligned with the man being placed on mandatory overtime.
So it put a great number of people on standby that we really didn't need them necessarily be on standby. We knew that we were going to need them to come to work because of the staffing shortages. So one of the things that we are encouraging now is to really only put a more limited number of people on standby because that standby was increasing the amount of time. Thank you very much.
Where people were coming to the work environment from, not everybody was exactly an hour away from work. So you would expect more staggered approaches. And they didn't see that in the payroll records. And I think that the auditor can expand on that if you like.
Yeah, that would be helpful. Just what's the, what's been the problem with the standby usage? If the auditor could expand on that.
Can you, can you see me now? I'm sorry, I've moved over to the table.
I can't see you yet. Chair Nelson and members of the board, I'm unsure. Oh, there we go. Yes.
Thank you. First of all, can I clarify which, are you speaking to a specific observation? Is this related to the comp time observation?
I was just asking about standby and I can get to portal to portal, but those are the two areas that I wanted to understand a bit more.
So they're kind of connected. Do you want to try and respond to this? I want to introduce Joel Boyer. He's our internal audit chief, and it was his team that really did all this good work. So, Joel, do you want to try and take that?
Good morning, Chair Nelson, Supervisor Capps. In regards to the standby comment, that was kind of the explanation that was received from the Sheriff's Office related to why the mandatory overtime shift lengths were longer than a regular shift when we were looking at the data. A regular shift length, for example, at the jail would be 12 hours and what we would notice Most often was a 15-hour shift, thinking that they were working an additional three hours in length. What the explanation from the sheriff was, was that due to being on standby, employees were granted the opportunity to code portal-to-portal time, as Tanya Heitman mentioned, and in doing so, they are essentially being paid, you know, three hours of overtime for what would be considered It's nonproductive work.
It's getting ready for work, the portal-to-portal transfer. So there is a little bit of confusion on our end as to the language of the MOU surrounding the standby pay and whether or not it's considered callback or standby. So we've had some conversations with our other payroll division, as well as the human resources, and there still is, again, a bit of confusion. So I think it needs to be looked into a little bit more to get a greater understanding of the language, and if standby actually applies when it comes to mandatory overtime, or if it should be something else like a callback status.
And so thank you for that explanation. So my understanding is that the portal-to-portal pay is intended to pay people for their travel to and from work, but it was just being sort of a blanket three hours irrespective of how long, how far away people were working. Is that correct?
Supervisor, through the Chair, yes, that is our understanding. It is also our understanding that they have taken steps to correct that practice more recently, but at the time of the review, that is our understanding of how it was being utilized. I've had opportunity to kind of talk with some members of the Sheriff's staff, and there was clearly some lack of clarity about how portal-to-portal was intended to be time-coded that contributed to the situation.
But it is both of these practices, portal to portal and standby time, widespread, resulting in millions of dollars and a common practice, a common way in which employees are getting compensated.
Supervisor, through the chair, the use of portal to portal pay for standby within the custody division for those working mandatory does appear to be a widespread practice that was occurring. The dollar amount of what that would amount to, I would defer to the auditor's office. I think in some instances it was hard to differentiate exactly how much of the shift was the
1:50 – 1:5517 turns
Is it possible if we don't have it to get the amounts for each of these practices if that's a productive usage as we're making remedies for these practices? That's a question for the auditor.
Well we did not break it down to that level of detail but we can in the future.
I would just
add
that it is difficult in that there is no specific time code for mandatory overtime and so it's hard to kind of figure out. It takes some detailed analysis of the comments and timesheets to understand what is mandatory and what is not. So we would, it's possible but it wouldn't be particularly easy given the data that we have.
Right. Thank you, Mr. Boyer. Thank you,
Supervisor Capps. Supervisor Lee, and then I have a few questions. So could standby be a saving mechanism? So if you put it in context of, say, Deltopia, which is coming up, instead of having 50 deputies, you could put 10 on standby. Therefore, you don't have to pay 10 deputies in overtime. Could that, does that make sense?
Supervisor Lee through the chair. Standby is designed to save the organization money. I, as previously as the probation chief, had employees that were on standby because I was not sure that they were going to be needed and I was compensating them at a lower rate of pay to be available. So it is absolutely a cost savings versus having an overstaff issue Board of Supervisors Rather than being selectively utilized for those positions that we may or may not need, it was used in a more broad way that then obligated the county to this portal to portal pay as well.
Thank you. Actually, I'll let Supervisor Lavagnino jump in ahead of me and then I'll go. No, go ahead. Please.
Supervisor Leopold. I'm just curious, how long have these guidelines for overtime been in our MOU? Have you been able to go back and research how long this has been the negotiated working conditions?
Chair Nelson, Supervisor Lavagnino, we did go back and look and the records that we had access to, it went back decades. So these are long-term practices. For the most part.
And are these practices generally, I mean is this kind of boilerplate MOU for law enforcement in other areas?
It depends on the particular provision that you're looking at, but I think that the significant majority of law enforcement agencies do count paid leave toward the base hours for the purposes of earning overtime. So that one, and then including sick leave, but at the portal to portal for standby, I'm not as sure, but we can certainly look at that as part of our labor negotiations when we come to the table with you.
Okay, and then just for my clarification, on standby, if you're a custody deputy and you're on standby, what are your restrictions at that point?
Well, we like to say stay in town, stay sober, which is the short version, but you have to remain local and, you know, able to respond quickly, both from a, you know, physical context and also, you know, ready to work. So those would, that's the way we generally would describe it in just sort of layman's terms.
Okay. Thank you. All right. Thank you. So I had a few questions. One of them is, actually go back to slide three for a moment. There we go. Yeah, I know it's a little hard to see the table there, but looking in 2021, we had $8 million over time, and then we see that jump in 22, and then in 23, it really increases, and then it drops down, and then we kind of go back up again.
Meanwhile, I see salaries remain the same. I think I know the answer to this, but what happened there to increase that? Did we maybe open up a new jail or something? Is that what might have happened? Because it looks like our staffing kind of say the same because salaries say the same across the board, but we opened up a lot more positions. Is that, would that be accurate?
So I'll defer to Budget Director Clemente on this one. I think he actually did some initial review that addresses this question.
1:55 – 2:0010 turns
Chair Nelson, if I was talking to Mona as well, if I understand your question is just what the spike and what kind of drove that. Yeah. So the confluence, I think, of the the opening of the Northern Branch Jail in January of 2022, I was looking at overtime hours by I pay period over the past eight years or so and by budget program custody system is its own discrete budget program within the sheriff's budget and that is where we saw the largest spike. Hours were relatively level per pay period and then starting in January 2022 I'd say through June 2022 I saw a pretty heavy spike up to what I saw as kind of a new normal baseline of per pay period hours in custody and it's been at that around that level ever since.
And then if you kind of look at overall salaries, you know, it stays kind of flat, you know, 2021 through 2022, 23, those first three columns. Then it pops up in 23, 24, and then even higher, which might indicate they're actually hiring more employees. And if I read in the report, over that period of time between 23, 24, and 24, 25, we hired 184 new positions. Is that accurate?
Chair Nelson, I'm unsure on total numbers of hires in a given year, but I do know that 22-23 when you saw the OT spike, but salaries didn't go up too much. It is because they have higher vacancies in 22-23, 23-24, which is why even though overtime was spiking, you see the bottom line in FI. Was not spiking up as a million, half a million. And then you get to 24-25 where, I'm sorry, where you do see, and we know that they had more success in 24-25, filling those positions, I believe 25-26 they're trending pretty well, pretty good as well on their hiring and maintaining the higher level of filled positions, which is when the OT stays that high, you don't have the salary savings anymore. That's driving that NFI higher.
Yeah I'm just trying to figure out what drives the cost there and I think that that's a significant part of the story that we look at as well. Getting back to some of the MOUs, in the presentation it talked about a MOU or a side letter between DSA and SMA which is the Sheriff's Association deputies and the managers that allowed managers to work but The board also approved the MOU that the Sheriff's Manager's Association had. It's not just those two organizations went off to the side and made an agreement. The board ultimately had adopted an MOU with the Sheriff's Manager's Association that allowed them to work overtime.
Chair Nelson, that's correct. There has been a more recent side letter that is specifically between DSA and SMA that relates to that March 1st date where they're going to cease using this provision and Have it only in effect for some of the voluntary overtime that's contracted out. So there is one side letter that involved the board and there's one side letter that just is between SMA and DSA. And
that's so DSA and SMA are working that that extra side letter that we're not a part of actually helps reduce the overtime costs because or at least the the use of management working overtime shifts. That's correct. Okay. But I guess that kind of goes to my overall concept and question. Most of these, I know that most of this over time sometimes has been characterized as misuse.
And most of this, maybe except with the exception of the portal-to-portal issue, is all kind of clearly laid out and allowed through the MOUs that the board has with these various negotiating groups. Is that correct?
Chair Nelson, I would say that that is correct. Most of the practices that the auditor-controller has flagged are allowed by the MOUs and were contemplated to be allowed by the MOUs.
Okay, thank you. All right, I think those are my foundational questions. I'm sure we'll have more questions. Supervisor Capps. Supervisor Capps.
Well just on that notion to our HR director, even in other departments there's different agreements. If things are allowed, there still would be managers that are tracking budgets, correct, to make sure that we're still on track with the budget. So even if something's allowed, you still want to maintain your budget, correct? That is absolutely true. Right, thank you.
All right, I think that's it for questions on this presentation. We look forward to hearing from the Sheriff's Department at this time. Sheriff Brown.
2:01 – 2:072 turns
Thank you, Chair. You're on. Thank you, Chair Nelson and members of the Board. You know, the comment was just made about this is a very complicated system, and that hits the nail right on the head. It is a very complicated situation. And if this was an easy problem to fix, it would have been fixed long ago. Usually problems that are longstanding, complicated, and enduring are not easily solved or quickly solved.
It takes considerable time, effort, energy, and patience to do so. In a few moments the undersheriff is going to come up here and talk to you about some of the things that we are doing and some of the successes that we have achieved in terms of trying to tame the overtime amount used, but I think there's a few things I need to just say in context for this to be completely understood.
The first is that The question of, it keeps going on, the Sheriff succeeding his overtime budget. The overtime budget that is in the budget is really an arbitrary figure that is put into the budget each year. It bears no correlation to the amount of overtime and hours that have been worked in preceding years. It is an amount that is taken from the general fund and put in there, and it is anticipated that salary savings will be available and will be used to make up for additional amounts of overtime that are used. This is a very common practice, not unique to us city managers and County executives all across the state and the nation do this.
There's not, to my knowledge, there's nowhere where you just have a realistic amount of how much overtime is needed and then that is budgeted. In trying to understand the amount of overtime that's used, I just want to read you a prepared thing that we put together and just bear with me here for a second. Over the last three years, total labor hours, including overtime, extra help, and regular time for custody operations, have averaged 658,290 hours. In other words, that's the total number of hours that were needed to cover all of the fixed posts in two full-service jails in our county.
That 658,290 hours is the equivalent of 399 full-time employees. Custody operations is currently budgeted for 350 full-time equivalent employees, leaving a shortfall of 49 FTEs worth of labor hours. Similarly, total labor hours for law enforcement operations over the past three years have averaged 452,976 hours. That's the equivalent of 275 FTEs. Law enforcement operations is currently budgeted for 258 FTEs, leaving a shortfall of 17 FTEs worth of labor hours.
To bridge these staffing gaps, the Sheriff's Office must use the only tools that are available to it, and that is overtime and the use of extra help employees. And failing to do that would compromise staff, inmate, and public safety, would expose the county to lawsuits related to non-compliance with statutory requirements, would put the county in a position of non-compliance with the Murray Settlement, and would impede the fulfillment of non-discretionary legal mandates, and it would reduce essential services.
At the same time that that situation is occurring, we have experienced in recent years high numbers of vacancies that have occurred as a result of the situation throughout the nation in the post-George Floyd era that made it much more difficult for recruitment and retention of law enforcement officers and corrections personnel across the country. And we also had, at the same time, the retirement system implement new rules that didn't allow us to continue to use long-term extra help employees who filled the gaps, particularly in certain areas like in our courts as bailiffs, beyond two years, really limited it to two years after retirement for them to be able to work in there.
So we've faced this sort of triple whammy that has occurred here, and we've had to adapt to that. And those overtime numbers, as indicated, if you look at our overtime numbers over the years, you'll see that there was a significant decline in that when we were just about to open the Northern Branch Jail, for example. We had hired the staff. We had essentially filled the gap or the positions that are necessary to run the operation, and we saw overtime just plummet as a result of that. So in many respects, this is tied to our staffing, and our staffing is tied to the realities of the budget and the challenges that you face in your ability to do that. But that is really, I think, the essence of the underlying problem.
I want to turn it over to Under Sheriff Brad Welsh to walk you through some of the other things that we are doing and then I'll be back just to quickly sum up and we'll be available for questions after that.
Thank you, Sheriff.
2:07 – 2:2015 turns
Thank you, Sheriff and Chair Nelson, members of the board, good morning. I think it's still morning, maybe it's afternoon. Getting close. Over the last several months, our new executive team has been working nonstop with our great CEO's office to try to find and create new ways for us to reduce our overtime footprint with the current staffing levels that we have.
And we try to do this by also minimizing any impacts or any disruption in service to the communities that we serve. Now much of this work actually began prior to the issuance of the Auditor-Controller's Overtime Memorandum. We included identifying and implementing additional controls, measures, and tools to better assist our supervisory and management teams.
Some of the highlights during both time periods that I'd like to talk about include, first off, taking a deep dive into our law enforcement, operations support, and custody branches to identify and maintain only the extra help and overtime that's absolutely critical to ensuring public safety in our communities, in our courts, and our custody facilities. Second, identifying alternative staffing models, first in the law branch, that not only focus on demand-based staffing, but also cost reduction, while carefully continuing to maintain that safe, lawful, and effective public safety that our communities demand and deserve.
Continuing to exercise managerial control over the utilization of OTT, or overtime taken, and eliminating its use where possible due to the significant costs incurred to the county and the Sheriff's Office. Suspending a training model in which we had trainees in the jail working mandatory overtime with their trainers to help speed up their progression through training so they could become productive assets, however it was a cost to the county and we stopped it.
Implementing additional managerial controls that enhance our ability to more efficiently monitor employee usage of vacation and sick leave. Also developing and implementing more robust controls over our time card review and approval processes, as well as developing further data collection methods on overtime, its drivers, and its necessity in each and every one of our bureaus in our organization.
Now, over the last few years, we've worked really closely with the Deputy Sheriff's Association, and I have to tell you, they've been tremendous and have done the gargantuan amount of the work to help our organization reduce the amount of custody, mandatory overtime shifts, like you heard, from 14 last year per four-month rotation down to four, which is amazing for our employees' well-being and health.
We're also looking to change to a training schedule that would offer multiple four-hour blocks towards our deputies and custody deputies during their normal, regular scheduled shifts that they could choose from, rather than whole squads attending eight-hour training sessions on their days off, which could trigger overtime. In the spirit of Renew 22, continuing to scan our organization to see if there's any other positions that would be better suited in a non-sworn or civilian capacity.
Similar to that, continuously reviewing proposals and demonstrations on the latest technological advances in our profession that could help our agency reduce workload and increase efficiencies. And finally, and what I think is the most important, it's working with our amazing Sheriff and Human Resources downtown to focus on recruiting and retention for all of our employees, especially our custody deputies in the jail and the men and women that are out on patrol.
With the goal to get to zero vacancies so as one county we can have a more open and honest discussion about proper staffing in the Sheriff's Office. Now regarding overtime, the Sheriff and I assure you that we will continue working collaboratively with the CEO's Office, with the Auditor Controller, County HR, and County Council towards mitigating the amount of overtime that is necessary for the Sheriff's Office to provide these basic public safety services for our county.
We are confident that it's this ongoing collaboration with our internal county team partners that can help make a meaningful improvement in reducing the amount of overtime that's necessary within our agency with the staffing levels we have. And I'll turn it back over to the Sheriff.
Thank you, Under Sheriff Walsh.
All right, thank you. And just to wrap things up, I just want to indicate that there is some light at the end of the tunnel. We have seen some progress made, as mentioned. One of the things that wasn't mentioned is that we've reviewed our overtime, and as a result of some of the changes that we have made, in the current fiscal year, 26 pay period We're just over halfway through that fiscal year, and we have seen a 13.4% decrease in the use of overtime as compared to the previous year. So there are some positive things that are happening. We're nipping away at the edges here and doing what we can, but we're still going to have to struggle.
But I do also want to say I want to thank this board because the Proposal moving forward, and I know with the discussion today there's going to be some continued debate as to whether we build one or one and a half pods, but assuming that it's one and a half pods, the amounts that have been built into the budget to operate the facility include a relief factor for the staff that are in there, which we don't currently have. And that's really the crux of our problem. And so, that recognition that that is necessary and needed and the fact that that has been offered to move forward with that is meaningful and very much appreciated by the men and women of the Sheriff's Office. So, I'm going to leave it at that. We're here for any questions that you may have.
Thank you, Sheriff. Questions from the Board of the Sheriff's Department? Now that both presentations have been done, I'm going to go ahead and close public comment. Do I do any way to open it up once I start? Okay. Go ahead. Questions and we'll go into public comment.
Supervisor
Capps. Supervisor Capps.
Thank you, Sheriff and Under Sheriff. This is a question for you both and I really appreciate the tone of your presentation and the spirit of trying to make changes here. I just, I think it's important for the public to understand and I recognize that it is part of the rules, rules that I believe need to be changed, that somebody can work, can receive overtime without having worked 80 hours at all. And so just to make sure I'm getting it correctly, that about a third of the time cards this practice was that people can get overtime even though they've used vacation sick or other paid leave to fill up their 80 hours. So that means that someone's not working Protecting us, but yet gets overtime. So how does that work? I know, again, that they're abiding by rules that were worked out between the union and the board.
And again, rules that need to be changed, in my view. How does that work? And it's widespread. It's about a third of the time card. So this is not just sort of an unusual practice. This is the practice.
Sure, Supervisor Capps, through the Chair, so typically what we have is we have squads in the jail or on patrol that some are on front end, so we call that like Sunday, Monday, Tuesday, and then we have back end, which is Wednesday, Thursday, Friday, Saturday. So if some people's work week does start every other Wednesday or on a Thursday, But if there is a vacancy, if somebody calls in sick or is on vacation because we don't have a relief factor, we fly overtime to maintain our minimum staffing levels in custody or on patrol. So you may start the first day of your pay period, you're actually off Monday and Tuesday and you don't report to the jail or to patrol until that following Wednesday, but if a shift opens up, On that Monday or Tuesday and you work those days off, it's overtime pursuant to the labor agreements with the Deputy Sheriff's Association.
I
think what you were referring to is if someone is using sick hours or vacation hours and then works a period of time and then works in excess of 80 hours cumulatively, including those vacation and sick hours. That is, as you point out, and it's allowed by the MOU and it's a very common practice. But let me just give you an illustrative example to try to walk you through it. Let's suppose we have A custody deputy who's working and he has the flu and he is in bed and down with the flu for a week. So in week one of his pay period, he stays home and he uses 40 hours of his sick leave that he is given.
He gets better. He comes back to work on week two and he's going to work the other 40 hours. If he's working those 40 hours and on one or two of his shifts they are short on the incoming shift and he holds over and works for, say, four hours on each shift, he would have accrued another eight hours. That would be paid at overtime because, again, it's permitted. It's not that he He didn't work 40 hours both weeks because he was sick the first week, but he did use his sick leave benefit that he is provided with, and again, it's allowed by the MOU.
Okay but that sounds like a fairly unusual circumstance. I mean this is again widely a wide this is a commonly used practice and and again resulted in six million dollars and I just wouldn't that be a flag for those tracking the budget that so many people were are not not were currently are earning more money in overtime than they are in their base salary. I mean so how do you budget for that and who is, wouldn't that set off a bunch of flags in your budget system that if someone's getting paid close to triple their base salary and I know that the triple the base salary is an extreme example but A lot of people, a lot of those who work for you, Sheriff Brown, are getting more money in overtime than they are in their base salary. And that is, to me, just not a good system.
And so something's off, right? And so we need to be, I'm very pleased that the CEO had the foresight to have an audit. And I'm just, I mean, that needs to change, wouldn't you agree?
Supervisor Capps, through the chair, I think you can look at that from two different lenses. I think you can look at that as, wow, this person's making all this extra money and it's not a good look because he's making more in overtime than he makes in regular time or what have you. But the reality is it's an employee who's willing to work overtime, who's stepping up to the plate to work overtime when it is needed the most, and oftentimes it's done because they Thank you.
You know, throughout the state and throughout the country, there are several articles, the same issues in the city of Santa Maria, same issues in our fire department here in the county. There are always people who are willing to step up and work a lot of overtime. And that in and of itself, I don't believe we should demonize them for that, because they're there to work the overtime that is necessary. And by them, in our case in particular, by them working those shifts voluntarily and cheerfully, They are preventing somebody having to be ordered in on a mandatory overtime shift to work on a day that they wanted to be off with their family or do something different. So I tend to look at that. I get what you're saying, but I think I would ask you to look at it from a different perspective.
Supervisor Capps, can I just jump in there real quick because I want to piggyback on what you just said because I think it's important to go right here.
I'm sorry.
Thank you. So when does that impact safety? I mean, I'm looking at these guys that are working 19 hours, 24 hours.
2:20 – 2:3011 turns
Again, Supervisor Lavagnino, through the Chair, that is a very valid question and certainly something that we are concerned about and look into. There are times where people will work 19 hours straight, for example, And again, this didn't break down where those were and how they did it. But for example, our homicide detectives, it's not uncommon for them to work 24 hours straight or longer if they're on the heels of a suspect in the first 24 hours of a homicide.
That is going to show up and it's going to show up as an aberration when you go to look and see what that is. On the same token, if someone is, you know, we work 12-hour shifts in the jail, so you've already worked half the day just on your regular shift, but if there's a need for overtime and there's an emergency or something happens and people need to be held over, You know, it might not be uncommon for them to be held over three, four, five hours, and in this case, the seven hours, if it gets to that 19 hours. It's certainly not a best practice. It's not what we want to see all the time. But as far as someone who, again, recognize working 12-hour shifts, our people have three days a week off. So they have the ability, if they choose, to work a lot of available overtime in those off days without affecting their sleep patterns.
Well thank you for that question because I did have that worry as well and I'm certainly in honor of the safety that your employees and that our employees provide to us. But it does raise a concern. I mean one employee clocked in 2,334 hours of overtime. Which if it was truly overtime would mean working 18 hours a day of 250 days of the year. I mean truly that person would be a superhero and that is a public safety issue. But really it's...
Over time, correct me if I'm, my understanding of this report is that when you work overtime, you then accrue more comp time or vacation time, right? So then you just keep banking more paid time off, which then means you just, you're working more overtime every time that you do work.
Supervisor Capps, through the chair, it depends. The employee can choose to take the time paid rather than taking it as additional time off, which creates what you're talking about, or they can just take the time and a half and pay at the time.
It's either or, it's not both.
Okay.
Again, I think that it is, I mean, these budget overruns to me flag an issue of oversight of people signing off on these time cards. I know that's a lot of people but we need to make sure that overtime is overtime and that it means really is a sacrifice that you're coming in off of you're working extra and you're you know you maybe you're off a vacation or and you there is an emergency but rather than A system that again these rules really need to be changed. It's very glaring to me and I appreciate the spirit of you wanting to make some of these changes.
I might have more questions later but that's it for now.
Thank you Supervisor Capps. Supervisor
Lee. Yeah, I just want to say about hard work, my parents for many years worked 365 days for 15 hours non-stop, so I understand that part. So, with the recent report on the news about that deputy that was arrested for fraud, how do you plan to build that trust again with the community? Transparency, do you plan on giving us a monthly according report about Over time and that showed the community that you're on top of it. Is there something that you want to do you plan to do?
Well Supervisor Lee through the chair, the incident that you're referring to is a very sad one, a very disappointing one, but I do want to point out that that Fraudulent activity that was being done was noticed, investigated by our staff. We caught that. And we ultimately put a case together, arrested that person, and he is going to face prosecution for those crimes.
So, you know, I guess my message to the community is we're terribly sorry that it happened. It's an aberration, but nevertheless it did happen and we have to, you know, we've done what we have to do. That person will no longer be working in our organization and will be prosecuted to the fullest extent of the law.
Thank you. All right. Thank you, Supervisor Lee. I'm going to go to Supervisor Hartmann in Santa Barbara.
Thank you. Let me start off by saying how impressed I am by the new leadership team under General Fleltsch and Commander Sullivan, or Chief Sullivan, Commander Huddle. I really am encouraged by that new direction. When I consider Sheriff Brown's analysis that he started with, it seems to me you're starting with the number of hours worked and then identifying how many FTEs that would require. And I think that's exactly the kind of analysis that gets us into this situation. I think we really do need to start with what the budget is and try to work around that. And what I see now with the changes, and you've described changes that you could make, you have made, in May of 25, October of 25, January of 26, March 26. So these are management changes that could have been made long before are finally being made now.
And I think that that's really, really important. We have budget Difficulties, and we've got to find ways of doing work that are more efficient. I'm still very concerned about the pension costs for legacy employees. For them, pensions are determined, I think, by final compensation, not just their base salary. So overtime and comp time inflate their pay near retirement, And that can increase obligations for 20 or 30 years. So the way I figure it, if you have a base salary of at $120, overtime could add another $80,000, making it $200,000. So the pension could amount to, say, $72,000 more a year, or $1.8 million per legacy retiree.
And that's ignoring COLA and survivor benefits. So if I were managing this, I think that I would be reluctant to assign overtime to those legacy employees, not only to save your budget for year to year, but to help our retirement costs over time. So I think that that's something I'd encourage you to think about. I've been on this board now for nine years, and ever since I've been here, the issue of oversight of the Sheriff Department budget has always, always been a key consideration.
And when the Sheriff overspends, It comes out of the general fund and it comes out of the hide of other departments. So this year, for example, it may be $9 million, maybe it'll be down to $2 million given unfilled vacancies, but that's still $2 million that a responsible manager has to manage within one's budget. And that just hasn't really happened. And so If I look at AB, let me get the number here, but the bill that gave us more authority at the county level to oversee the sheriff, AB 1185.
The way I understand that is that it gives us authority to to really look at the fiscal implications of what's occurring in sheriff's offices. A lot of people looked at that and thought, oh, it really relates specifically to excessive use of force. But it really, as I read it, is much broader than that. And so my interest, and I'm putting this on the table now because I would like public comment in response to it, but I would like to give direction to our to our staff to go back and look at an ordinance at the county level consistent with that state statute giving us inspector general authority that we can define by ordinance and that can oversee the fiscal and subpoena and get records and give us regular reports. The recommendation now is to have a deeper audit on various Issues.
To me, that's a piecemeal strategy. I think there are much broader issues related to the Sheriff's Department budget, and I could list them, maybe I will in my closing comments, but I'm really supportive of an ordinance that would create an Inspector General, and I would like us to look at that in greater detail.
2:30 – 2:3717 turns
All right, I think real quick. I think the pension question, I think Ms. Schmidt would like to respond to at least a pension question here and then share if you absolutely have an opportunity to respond to Supervisor Hartmann's comments.
Absolutely, yes. Thank you, Chair Nelson. I did want to just clarify with regard to the pension issue. Overtime when it's cashed out is not generally pensionable. There's a couple of exceptions to that. When it's used as part of the base hours, it is pensionable, but overtime that is over and above the employee's base schedule when it's cashed out is not generally subject to overtime. With some Minor exceptions, so it does not generally increase the pension liability of the county by a significant amount.
And especially since it's only mandatory overtime. Mandatory overtime is pensionable, non-mandatory overtime is not pensionable.
That is correct. Mandatory overtime is pensionable, non-mandatory overtime is not pensionable for legacy employees only. Correct. And so that's where you get into, it really, the way that We currently have overtime. It does not generally create a significant increased pension liability.
And so
the
sheriff moving it from 14 mandatory overtimes per quarter down to four is going to help bring that number down as well on the mandatory overtime?
That should be the case, so less mandatory over time leads to less tension.
All right, Supervisor Hartmann, I'll let you respond. I hear you
calling out there. Thank you for that clarification, but then I still would like to know what is the impact, and we don't have that analysis.
Understood. Chair Brown, please. Thank you, Chair Nelson. Supervisor Hartmann, I just want to respond to a couple of your points. Number one, the analysis that I read to you about the total number of work hours that were required, when it comes to the custody operations, those work hours are what is necessary to operate that jail, these two jails, 24-7, 365 days a year.
And the only alternative to that is to shutter some portions of the jail and we then risk getting into an overcrowding situation and getting into another problem that we just got out of, frankly, was this lengthy lawsuit on jail overcrowding that we that was was Finally terminated and with, I might add, and I'd like to just say publicly, with some very positive comments from Bob Sanger, who actually brought the litigation, about the efforts that we've made to address that chronic problem.
The number of hours that it takes to minimally staff law enforcement likewise is based on minimum staffing levels for our current patrol operations and for our detectives. Now, could we cut beyond that and not spend as much money on overtime? Yes, we could, but the realities I don't think are ones that you or our constituents would want to see. There have been counties that have gone to some very extreme measures, including not having any patrol deputies on the streets between 2 and 6 in the morning. There have been counties that have taken, where we would normally have five or six deputies out there, they team up two into one car and have that one car respond to everything in the north or the south part of the county.
That type of cut, that type of reduction would impact And then finally, I would just say, with respect to your We have been extremely open. This audit was done with our full cooperation. Any follow up audit will be done with our full cooperation. We are very transparent. And lastly, I just want you all to understand and remember that I am statutorily mandated to accept inmates into our jail that are brought there by competent authority. That's in the government code. It's in the penal code. It is a mandate, and conversely, you are mandated to have to pay for the services in the jail that we provide. And, you know, there is no mandate for patrol, but I think you would all agree that we have a responsibility to the people of this county to protect and serve them when they call for our assistance.
Yes, thank you, Sheriff Brown.
Chair Nelson, may I respond?
Sure. Then we want
to
get to public comment. There's many people in the public that want to comment on this item before deliberations. So please, Supervisor Hartmann, please
proceed. Thank you. I appreciate your insight, Sheriff Brown, but I do believe that Your staff is already talking about demand-based models. I don't think there's any analysis, systematic analysis of where the crime is, where it's evolving and targeting and concentrating resources. I think a lot of it we learned at least in the KPMG report that Patrol officers are going around. They may focus in one area or another, but there's not real good analysis.
And what I heard you saying is staffing models and demand-based analysis for targeting where staff is used. We have to do things more efficiently. We cannot simply go back to the heyday of law enforcement and say that that's the baseline that we have to get back to. We have to figure out how officers can be writing reports more quickly, where they're not spending their time doing that, but they're out on the street. We need more innovation. And I think that this is an opportunity to really think about how that could occur.
2:37 – 2:4310 turns
All right, yes, thank you. Supervisor Hartmann, Undersheriff Welch.
Supervisor Hartmann, through the chair, that's why I was really excited to report out. Chief Kevin Huddle is in charge of kind of reimagining our redeployment of our patrol services. We have real great hard data that shows throughout the unincorporated area and our contract cities When the men and women in our law enforcement branch need to be out there patrolling the streets, when they can help your constituents the most, and that's the deployment schedule we want to go to. When do the deputies need to be out there to prevent crime and respond to 911 calls? So we're really excited to try the system out. Again, we just want to be optimistic but also very cautious in maintaining the level of safety that we continue to provide the Citizens of Santa Barbara County.
Okay. Thank you, Sheriff Welsh. Okay, we'll go ahead and move on to public comment. Madam Clerk, how many public commenters do we have?
Chair Nelson and members of the board, we have 13 requests to speak on this item.
Okay, we're gonna have two minutes of public comment per speaker. Go ahead and get started here and I'm gonna go ahead and close public comment at this time.
We will begin on Zoom with Yahia Yajaira Arroyo, Graham Niemann
Yes, good morning Chair Nelson and Board of Supervisors. My name is Yahaira Arroyo and I am the Civic Engagement Coordinator with the Mixteco Indigena Community Organizing Project. I'm here today to voice serious concerns about the Sheriff's Office misuse of public funds and the lack of accountability that continues to harm our communities. This nation was founded on the principle of no taxation without representation. Yet time and time again, residents of Santa Barbara County are forced to watch taxpayer dollars be misused without meaningful oversight. The Sheriff's Office has chronically exceeded its budget due to excessive overtime spending, as we've all heard today, the numbers that were reported.
Even Sheriff Brown has acknowledged the seriousness of misconduct within his own department, stating, this arrest is deeply troubling and disappointing. As a supervisor, this individual was entrusted with ensuring accountability and overseeing the responsible use of taxpayer dollars. Conduct like this not only violates the law, it undermines the integrity of our organization and will not be tolerated.
If accountability is truly a priority, then words must be followed by action. Now is the time to invest in support for housing, health care, and social services. Now more than ever, our immigrant communities need a sheriff and board of supervisors who will stand up for them, not collaborate with federal administration that is actively targeting and criminalizing them. For these reasons, I urge the Board of Supervisors to, one, order an independent criminal audit of the Sheriff's Office to investigate potential fraud and misuse of public funds. Two, end the county's blank check policy that automatically covers unchecked and excessive Sheriff's Office spending. And three, use the Board's budgetary authority to formally end the Sheriff's cooperation with ICE by prohibiting the use of local funds for any collaboration between the Sheriff's Office and Federal Immigration Enforcement.
The Board, including the Sheriff, was elected to serve the people of Santa Barbara County. The people do not serve the Sheriff. Accountability is not optional, and neither is transparency. Thank you for your time and consideration.
We will now go to Graham Neiman to be followed by Lee Heller. Graham?
Hi, everyone. I want to express my frustration with the way that the Sheriff's Department has been conducting their finances. And I think that given the, I mean, I think we can all agree that there needs to be more I think is to have a criminal audit for the Sheriff's Office and investigate the potential fraud and misuse of public funds. And I think we can also keep in mind a little bit what the presenter said about, you know, how Public safety requires some sort of overtime. But I think we can be a little bit more critical than this and think about how, whether the Sheriff's Department is actually contributing to our public safety. And I'm of the opinion that they are not. They have been working with ICE and I think it's pretty clear to all of us that the presence of ICE in Santa Barbara County has had a majorly negative impact on the safety of all of our communities.
Thank you. While Brown is asking for more money, there are other parts of the government that undoubtedly would do other things with these funds that would be much more helpful to our community and its safety. So I want to reiterate that a criminal audit should be conducted and that the Board of Supervisors should use funds to Encourage the Sheriff's Office to be on the same page as the constituents and prevent them from working with ICE as they have been doing. Thank you.
We will now go to Leigh Heller to be followed by Gina Juarez. Leigh?
2:43 – 2:496 turns
Chair Nelson and members of the board, I know I speak for many members of this community when I say that I am so very tired of seeing my tax dollars frittered away by persistently poor fiscal management by the Sheriff's Department. The Sheriff tells us that the problem will be solved by adequate staffing. Then I hear stories of deputies sitting around after 5 p.m., waiting for a meeting scheduled at 7 p.m., and collecting overtime while cooling their heels.
Or using overtime to get inflated paid leave. Let's add that we have watched over a decade of ever-growing cost overruns with the new jail. Meanwhile, the sucking sound we are all hearing is the money we need for other critical programs being swallowed by this department. As Supervisor Hartmann said, when the Sheriff's Department overspends, that money comes out of the hide of other programs.
After two years of asking fruitlessly for a small, one-time allocation to restart a revenue-generating dog licensing program that would improve compliance with state and local dog license laws, I had to lead a fundraiser to raise $200,000 so that Animal Services could start bringing in money that isn't coming from your budget process. I did not get paid for that work, regular or overtime, by the way.
Now, Animal Services is looking at a $750,000 shortfall in the coming fiscal year, which will likely force it to become a part-time service, leaving critical gaps in assistance for people dealing with public health and public safety issues involving animals. So don't plan on calling for help if an aggressive dog attacks you, because there may not be an Animal Control Officer to respond, and Sheriff Deputies don't think this is part of their work responsibility.
The sheriff is an elected official. I recognize that he is not your employee and that as a longtime incumbent, he has ceased to care that he works for the voters of Santa Barbara County. He even refuses to report to you on his department's relationship to ICE, even as we see ICE flouting state law and the Constitution and endangering community members. The one power you do have is over his budget. You have the power to start saying no to blank check funding, ongoing cost overruns, and to set hard limits on what can be spent. Whether by ordinance or by holding firm on the budget, it's long past time that you push back and use what power you have to rein in an out-of-control department. Thank you.
Thank
you. We will now go to Gina Quarez to be followed by Anna Garcia. Gina?
Yes, good afternoon Chair Nelson and Board of Supervisors. My name is Gina Quiroz and I'm here to speak about responsibility because right now it's not being exercised. I have volunteered countless number of hours, unpaid hours, to save this county millions of dollars by reducing our jail population and to reduce the cost of the construction for the expansion of the North County Jail. And I'm not the only one, there's several community members working on this.
Meanwhile, the Sheriff's Department is excessively... Using over time with little transparency or accountability. And let me be clear about the human cost. Now, when we talk about public safety, public safety for who? Because as a Latina living in Santa Barbara, I don't feel protected by my law enforcement, especially when it comes to ICE. Although I am born and raised here in Santa Barbara, because of the color of my brown skin, I am a target. I fear being kidnapped by ICE, and I have no one to call to protect and serve me.
Who is benefiting from these overtime hours? Because the way I see it, it is the sheriff's employees that are benefiting from this overtime hours, not the public. Thank you.
We will now go to Anna Garcia to be followed by Anna Arce. Anna.
Yes, hi. I want to start by saying that all of our struggles are interconnected and today we have an opportunity to reimagine how our tax dollars are best spent to benefit the people who actually pay those taxes. The Sheriff's Department under Bill Brown keeps demanding more money while it's under investigation for chronic budget overruns and fraudulent overtime claims. At the same time, Brown refuses to protect our community from masked thugs, alleged ICE agents, and even colluding with them to intercept community defenders so that the thugs can carry out kidnappings in our neighborhoods unbothered. That is not public safety. We are the ones keeping us safe.
Today's report makes one thing clear. There are too many outstanding and unresolved issues to assure taxpayers that Bill Brown will properly manage the gift of our tax dollars. We cannot move forward with another budget allocation before a clear accountability plan is laid out and somebody is available to babysit Bill and check his inability to keep to his budget allocation. Year after year, we're told there's no choice but to fund more enforcement, more overtime, more cages, even as crime rates and jail populations fall. Meanwhile, our neighbors cannot afford rent, food, health care, or basic stability.
Let's take the Sheriff's bloated budget and reinvest those funds into housing, health care, community resources, and support our people's basic needs, which will actually reduce police contact and actually keep people safe. We demand a budget that matches our values. We the people choose community stability over law enforcement misconduct, accountability over unchecked power, and people over punishment. It seems we may need to organize to recall Bill Brown because we simply cannot wait until 2028.
2:49 – 2:568 turns
We will now go to Anna Arce, then we will return to Santa Maria with Larry Barrett. Anna?
Yes, hello. So I am here today because our county is being forced to make painful choices and the community is paying the price and are not the ones driving this budget crisis. Over the last decade, crime in our county has gone down. We have more than 200 fewer folks in our jails, but instead of this translating into savings, the sheriff's budget keeps growing and growing with millings and overspending year after year. We are now spending over $100 million a year to run our jails, nearly $400 per person per day, while county workers are facing hiring freezes, layoffs, and burnout. Our county public health staff, behavioral health workers, housing specialists, public defenders are the very people who prevent crisis before they happen and are being asked to do more with less.
Last year alone, the Sheriff's Office overspent nearly $15 million, driven in part by overtime practices. And now in the middle of a budget crisis, we're being asked to spend $179 million on hundreds of new jail beds while hiring freezes continue, cutting essential workers. Let's be honest, jails do not keep our communities safe. Incarceration does not reduce future harm and it does not better the community.
Community services, prevention, and support does. This is what keeps people safe. Housing, mental health care, stability, and trust keeps people safe. And trust matters. Many of us remember when the sheriff spoke about protecting the whole community. about making sure that people weren't afraid to report crimes. That trust is being eroded, not just by aggressive enforcement, but by the sheriff's choices. The choice to allow ICE to continue to kidnap community from the jail with a rolled out red carpet. The choice to continue to refuse to share ICE when ICE is in the area to local leaders. The choice to use sheriff... Thank you, Anna. That is your time.
Thank you, Anna.
We will now return to Santa Maria with Larry Barrett to be followed by LaWanda Lyons-Pruitt. Larry.
Chair Nelson, Supervisors, I'm Larry Barrett with Indivisible Santa Barbara. I'm proudly representing the 805 Immigrant Coalition. Sitting here in this room today, I would think you were awash in money. Sheriff says this is a complicated system. It sounds simple to me. You adopt a budget. Sheriff participates in that. Sheriff exceeds the budget. After the fact, Sheriff comes to you and asks you to sign a check, and you sign the check. That's pretty simple. It's also a shoddy practice.
The Sheriff is not the only county agency that has to meet the demands of people who come through the door asking for service. But County Health can't come to you and say, hey, there were more sick people that came to us this week than we were expecting. We need you to write a check for $5 million or $10 million. That doesn't happen. The Sheriff is an independently elected officer, and I've heard from each of you individually that the only power that you have over the Sheriff's Office is with respect to the budget.
Then, When you have the opportunity to exercise that power, historically, you haven't done it. Historically, you've written the checks. This would be bad enough if we weren't talking about a situation where the sheriff's been caught in appalling practices of overtime pay, where the officers in question, and I'm quoting the county's internal limited scope review, worked less In some cases, far less for the regular work period. So this isn't a question of a need for more hours or a flu epidemic.
This is a situation of bad management in the Sheriff's Office and a failure of oversight up until this day by the Board. I'll jump in and say I like the idea that Joan Hartmann expressed, AB 45, and an ordinance. The public would like to participate in whatever form of review that comes out of that. So I hope you're listening. Two minutes was a minute less than I prepared for, so wonderful stuff here that you're not going to get to hear, but you know how to reach me. Thank you.
We will now go to LaWanda Lyons-Pruitt to be followed by Primitiva Hernandez. LaWanda?
Good afternoon. LaWanda Lyons-Pruitt, President of the Santa Maria Lompoc branch of the NAACP. And unlike many of my brothers and sisters in the fight, I actually support the Sheriff's overtime budget and I understand it. I worked for many years for the Public Defender's Office, 33 actually, and almost 39 with the County of Santa Barbara. And I can't tell you the number of times that I went to the jail under that old system to see a client or a witness And I'd wait hours and hours because they were short-staffed.
So sometimes I'd stay three hours, sometimes I would leave, but they were busy. Also, I worked in a wonderful office, but we were always short-staffed. And like many, I worked long hours. There was not overtime. The work got to the point that I could barely get out of bed, so I made the decision to retire as my health was suffering. While I support the overtime budget and understand it, I do not support building one and a half housing units at the North County branch.
I think one is sufficient because remember, if there are short staff now, there are going to be short staff later. And our safety net programs will suffer. They deserve to be funded and supported also. Thank you.
Thank you.
We will now go to Primitiva Hernandez to be followed by Laura Robinson. Primitiva?
2:56 – 3:027 turns
Thank you and I'm just going to say that I think an ordinance is something that 805-ONDAKI fund would highly support. Just figuring out creative ways that we can mitigate this a systemic problem. I think many of you were asking the right questions. It's just because it's permitted doesn't mean it's something that we can continue as a practice. These are difficult times. This is not the last time that I'm going to be here in support.
We're going to be coming here for cuts to social services, for cuts to public health. And the answer that you're going to give us is going to be around the budget. So how can we receive and And be in compliance with those answers when here we are spending millions of dollars. This is a multi-million law enforcement agency with limited record-keeping. Just think about that.
I run an organization with a fraction of that, and I can produce time cards, and I can produce taxes, and I can produce extensive record keeping without the same level of experience that some of these employees have from the sheriff's office. So we're all being held to certain levels of accountability. To me, that is unacceptable. If, as a non-profit, we're able to produce extensive records, limited record-keeping that the auditor wasn't able to answer some of the questions around how overtime was being utilized should also be unacceptable for the rest of the supervisors.
And I also understand that there's negotiations between the labor unions. Let's try to focus on how to implement other practices that are not going to put us millions and millions into debt that will impact other programs. Thank you.
We will now go to Laura Robinson to be followed by Fernando Martinez. Laura?
Hello, Chair Nelson and the Board. My name is Laura Robinson, Executive Director of SEIU Local 620. While today's audit focuses on deputy overtime usage, I felt it was important to speak because Local 620 represents many of the non-sworn classifications in the department, and until very recently, some of those employees were also working mandatory overtime to keep operations running.
The level of overtime being used is unsustainable, and the unfunded costs are putting real pressure on the general fund. That pressure ultimately affects every department, every program, and every employee in the county. But I want to be clear that this is not about blaming deputies, because they are the frontline employees doing what they can with the staffing and resources they have, and I have a fundamental belief in supporting all frontline employees.
But what we need now is what we've all been talking about, creative collaborative solutions. And I believe you've heard that there's mutual interest in looking at the scope of the duties currently assigned to sworn deputies that could be more appropriately aligned with non-sworn classifications represented by Local 620. Rebalancing those duties would allow deputies to focus on the critical work that they can truly only do, and while reducing the need for costly overtime.
Of course, my members cannot simply take on additional duties outside of scope. Meet and confer with both unions, a clear review of duties, full staffing levels, and potential wage enhancements. Lost my portraits. Shifting certain tasks to lower-paid classifications would still result in meaningful savings when compared to the current level of overtime. I also, of course, encourage the broader budget exploring investments in diversion and probation programs. These programs reduce long-term costs and reduce the strain on the jail system, which ultimately reduces staffing pressures on the Sheriff's Office. And finally, once again, I will continue to stress the urge to prioritize immediate needs over long-term costs. Reducing available funds, particularly those set aside for future jail expansion, towards the social safety net programs currently at risk would stabilize critical services and reduce long-term impacts on the justice system itself.
We all benefit when those programs are strong and fully funded, and right now they're at great risk. Thank you.
We will now go to Fernando Martinez to be followed by Sofia Navarro. Fernando?
Good afternoon, Chair Nelson and members of the board. My name is Fernando Martinez. I'm a community organizer with MICOP in Santa Barbara County. Thank you for allowing me to speak today. I definitely think overtime is okay, but what we just saw today, it's way over the roof. I'm here to urge you to pass additional jail spending and share of overtime funding until serious issues of mismanagement are addressed and meaningful alternatives are fully explored.
The current approach of relying on excessive overtime continued jail expansion is not sustainable, not fiscally responsible, and not necessary to ensure community safety. Year after year, as we saw, overtime costs rise without corresponding improvements of safety, health outcomes. We know there are other proven solutions, effective ways to reduce safety at the jail population while strengthening our communities, which include expanding community-based services for community members, health centers, increasing the use of probation and diversion programs, making real investment into mental health services, substance abuse, and stable housing.
These strategies have worked and it lowers long-term costs and treats people with dignity. Most importantly, they address the root cause that brings people in contact with the criminal system at first. Before asking our taxpayers to fund more sheriff's overtime and expand jail capacity, this board must first consider the following. Fix the internal mismanagement, ensure accountability and transparency in the current spending, Fully explore other alternative investments and other ways to protect our community. I urge the board to carefully reconsider funding the Sheriff's OT. Thank you.
Thank you.
We will now go to Sofia Navarro to be followed by Sarah Bacon, who is our final speaker on this item. Sofia? Okay.
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Hello again, my name is Sofia, I am a mother of two. I try to leave them by example. I wish to express my disappointment in the huge misuse of our, of the public money. I hope the board acknowledges the responsibility you all have in your roles. Hold the Sheriff's Office accountable for the waste of massive amounts of public funds. Every dollar spent without accountability is a dollar taken away from education, housing, healthcare, and real public safety. The sheriff has had ample time to become capable in his position, yet he still cannot manage his budget. I'm asking the board to order a criminal audit of the sheriff's office for potential pay fraud and misuse of public funds. End the county's blank check policy that automatically covers unchecked sheriff spending.
Limit jail expansion and postpone new construction. While misconduct and fiscal abuse remains unresolved. Use the board's authority to control the county budget to formally end the sheriff's cooperation with ICE by restricting use of local dollars to be used in aiding collaboration between the sheriff's office and ICE. I want to close this off by just hoping you guys Here that oversight is not optional. We need to make sure the board, we have a legal and moral responsibility just to hold all our county officials responsible for what they're doing with our money. We just want to make sure that everything's spent the way it's supposed to be spent and responsibly. I mean I think he's had, like I said before, he's had plenty of time to like figure it out.
If he can't figure it out I think we need to appoint someone new maybe or get something else going. You guys' ideas are great and I fully support that. Thank you.
We will now go to Sarah Bacon, who is our final speaker on this item. Sarah?
Hi Chair Nelson, Supervisors. My name is Sarah Bacon. I'm Vice President External Affairs for UCSB's Graduate Student Association, where I represent 3,000 UCSB grad students. I'm also a member of the Police Accountability Board at UCSB and a member of the UC Planning and Budget Committee. So the Sheriff's Department is, they're unbudgeted over time, has exceeded projections quarter of a quarter, year after year. This is not a one-off budget mistake. What has become an obvious pattern is now a standard practice. As discussed in this hearing, the Sheriff's Department is currently tracking to $9 million deficit this fiscal, and as Supervisor Capps and Supervisor Hartmann both pointed out, that money will come from the general fund and other areas will need to be cut to pay that gap.
So chronic salary mismanagement and budget mismanagement and overtime manipulation undermine public trust in sheriff leadership. In the private sector and in any non-elected position, a practice like this would not be tolerated without corrective action or leadership changes. Allowing this to go unchecked also delegitimizes this board's ability to I urge you to make the tradeoffs explicit.
What's being cut to pay for it? Food assistance, education programs, or community services? But plainly, what are we getting for this money as taxpayers? We deserve to know the answers to those questions. And I'd like to encourage you to, responsible oversight that goes deep into the details of transparency and accountability is exactly how public safety services and legal compliance are protected. When trust is lost, a deep dive into the detailed audit into expenses and outcomes is warranted. And frankly, it's part of your role as county supervisors. And I'm also very supportive of the Inspector General Ordon's Supervisor Hartmann has proposed today. Thank you.
And that concludes public comment on this item.
All right. Thank you very much. Any comments from CO's office before we go into deliberations?
No, Supervisor Chair, nothing further. All
right. Does the Board have any other questions for staff? Do you have questions for staff? Okay. Let's go ahead and Supervisor Lavagnino.
Thank you. I don't know if this is for the CEO's office, budget team, or who it is, but, you know, we heard a lot about oversight and the Sheriff's budget, and we just write a blank check. My question is, I'm confused of what my role would be. Sheriff comes in, he's $10 million over budget, and that money's already spent. People have already been paid. Next year, if I make his budget $20 million less, what would be the actual effective result of that?
People are still going to go to work. They're still going to have the overtime. I'm just curious. I kind of feel handcuffed.
Supervisor Lavagnino through the chair. So we come to your board every quarter with an update and we tell you how departments are on track to spend or what they've spent. And in that report we talk about there are reasons for budget, for departments to be over budget. Sometimes their revenues haven't actualized and they have no control over that. Sometimes it's overspending, etc.
And so we talk about what measures we can take. If your board wanted to reduce a department's budget, you could do it within the course of the year following those reports. It would be a change in appropriation. If you did it with the budget, Your board could also do that. And again, because you can't direct the operations of our sheriff or any of our elected department heads, you would be relying on them on how they manage the operations within their department. So if you cut any of their budgets, they have the right to operate and direct those resources as they see appropriate.
I think the issue with That's difficult is that with the jail, a lot of the jail costs are considered county costs because we are required to appropriately serve inmates in the jail. And so as the sheriff said, something that's consistently been stated is that they would have to go to patrol, which would be, you know, more of a visible impact to the community. So your board does have options. It's just that you can't control the consequences, so to speak, of how an independent officer would then direct those resources.
But when we get those quarterly reports and it comes in and let's just say like we just heard from Paul that we're going to be nine million dollars over this quarter and that somehow this board then decides we're going to give you nine million. I mean the budget's already set but I don't see how when we somehow have options of we say, okay, you're going to get $9 million less. I mean, the historical aspect of this has been pointed out and it's been frustrating for everybody, I'm sure, is that we don't control After the allocation's been made on what gets done, so how do I know what, it just seems like it would be a paper, hey, we're gonna cut 10 million. He comes back in and says, or the Sheriff's Department comes back in and says, okay, this is what we spent to keep the jail open and to keep traffic, I mean, to keep patrol, and it's $9 million more than we thought it was gonna be.
At that point, I don't know what the option is. It doesn't seem like we have, I mean, let's say it's in inside CSD. Then we're like, okay, well, you're going to have to cut some people, you're going to have to cut some programs, and you're going to come in with a balanced budget. I don't feel like I have the authority to say you're going to be cutting deputies or you're going to, you know, cut patrol.
That doesn't seem like I have the authority to do that, and I just want to know if I do or I don't.
Supervisor, you have the authority over budget appropriation of how much you appropriate to people's budget. You have that authority and you also have authority over staffing positions because that comes to the board for approval as well. Okay. Go ahead.
Well just to jump on that because I thank you for asking that question because I just just to play out a hypothetical. What if in June The budget is $9 million over and we just said no. I mean the money's already been paid. Would he then just have to find it elsewhere within his own department? That's a legitimate question.
3:11 – 3:259 turns
Supervisors at the end of the year, as Supervisor Lavagnino said, it's too late because they've already expended it. That's why we come to you with budget updates. And so at that point, typically we would say whether there's enough year-end savings to cover it, as Mr. Clemente showed you. And typically we have had. And just to be clear, the Sheriff was partially right when he said the overtime number itself is difficult to say that's the actual number. What we care about is where the bottom line is. That one slide showed the net financial impact. That shows how much they're over or under their actual budget. And that's what we look at because we realize if there's a lot of overtime, it's because they're saving on salary, because they have vacant positions, etc.
But what we do say, I'm just going to repeat this and I'm hoping it answers your question. This is what we say in our quarterly budget updates. If the expenditures are projected to exceed the appropriation, their budget, the department responsible for the budget shall perform one or more of the following steps. One, lower the expenditure level to maintain overall expenditures within the total amount of their budget. Two, request a transfer from fund balance within the same department and fund under the department's control if it's available for appropriation. Three, prepare a transfer request from the general fund contingency and an agenda item for the board with a memo to the CEO providing adequate justification.
And a lot of times we will just include that information within the context of the budget report. In addition, County Budget Act Section 29121 of the California Code places liability for over-expenditure upon the department director authorizing the expenditure, except as otherwise provided by law, obligations incurred or paid in excess of the amounts authorized in the budget unit appropriations are not a liability of the county or department special district, but a personal liability of the official authorizing the obligation.
Which means to say we have a process if someone is going to be over budget, we bring that to the board. Typically there's basically a request of transfer from the general fund if they're over expenditures. Because the sheriff is in the general fund, it's all part of the larger fund and so if we have savings in the general fund, it usually covers it as one fund.
So we come to your board with these options for the department. So for example, as Supervisor Lavagnino said, if a, if CSD comes to the board because they're over budget, which they have been, we come to the board and say it's usually because they didn't have enough revenue from Kachuma because the project is delayed. So it's acknowledging that and knowing that that was, they didn't have any ability to control the revenue.
And so we cover the cost. But this is to say your board can, at any time, give us direction to reduce a department's budget either at budget or during the year. Again, with our elected officials, they are charged with operating their own departments and you would not necessarily be able to direct how that spending, where that spending occurs.
So I've got a question on the budgetary side. So let's just say the department fills up their budget, right, they've spent it all. And now we've got Deltopia. So would they come to the board and ask for an allocation to cover Deltopia? Is that how that would work? Or maybe there's a homicide and maybe they'd have to agendize that for the following Tuesday to make sure that we had the detectives. I mean, I'm just trying to figure out how that functionally ends up working.
Or maybe a court appearance that requires overtime. So, I mean, I get where what's in the questions and actually it's not hypothetical. I mean, we have to allow Thank you all for joining us.
Just want to get to my second question really quick, and I think this has to come from the Sheriff's Department. So what I'm concerned about, so is there anyone or who's the person whose job it is to analyze the staffing? So let's say that there's somebody sick or somebody's on vacation and we've got to go out and we've got to backfill this. Is there any analysis of, well, if I take this deputy He's already maxed out on vacation and he's going to cost me X dollars if we bring him into work as opposed if I let this other deputy come in or is it just like hey whoever wants to take it and then we're not really controlling it because and I know it's got to be super complicated but
Supervisor Lavagnino, through the chair, that level of granularity does not exist currently, and it would be very difficult, I think, frankly, to do unless we had somebody that was a full-time traffic cop that was going to be dealing with filling vacancies, which occur every day across the county. What we do do is take a look at the available staff, If there are other people that can be shifted over or moved, we can do that. The problem that we have is for the last, I don't know, Probably since the end of the Great Recession, we've been essentially operating on minimum staffing levels. So we don't have the ability to move people around because the people that we have scheduled work are the minimum that are needed for that particular operation, whether it's a patrol station or whether it's a part of the jail.
We did do, and I'll recall your attention to several years ago, an experiment when Barney Melekian was the undersheriff. He did an experiment where we took a patrol station and we staffed it to the optimum levels, the types of levels that we would have had pre-Great Recession. And we wanted to see if we could utilize the additional people that were assigned to that station and cut down the amount of overtime that would be spent.
And it was a very successful experiment. It showed that if we had adequate staffing, We would not be incurring these huge overtime amounts. The other problem is the fact that we have for years, as I said, operated under a system where we've had an inadequate amount in our overtime budget that just doesn't It doesn't bear any semblance of reality as to what actually needed.
But in previous years, for the most part, we've had salary savings that can take care of it. We've also had, at times, those overages were covered with Prop 172 monies. So, you know, that balanced out the budget. But now, Prop 172 monies are being earmarked for other things. And so, again, it makes it more challenging for us to do. But, you know, At the end of the day, you do control my budget. And so if you decide that you want to cut my budget by $10 million or $15 million, we will We're going to work within that budget to the extent that we can. As I told you, statutorily with the jail, my hands are tied and your hands are tied.
But with respect to the other operations, I could do it, but it's going to result in things that neither you nor your constituents will be happy with. A lot of people talking about, you know, the crime rate. Crime is down because there's been a lot of great things done by your sheriff's office and the police departments in this county. The jail has been a part of that, an essence of that. That if we didn't have a jail to put people in, if we didn't have a jail that had rehabilitative programming, if we didn't have a jail that had a medication-assisted treatment program to help people conquer their drug addictions, which by the way, yesterday the numbers were that we have one-third of our inmates in the jail are enrolled in the medication-assisted treatment program.
So we have this direct correlation with drivers of crime, Substance abuse, mental health issues, all of that as well. You saw what we did during the Great Recession. We had to cut An extraordinary number of staff and entire units that we had to jettison because we didn't have the funding to do it. So that question is, I think up until this year, it's always been manageable.
The problem with this year is we have been a victim of our own success. We have hired an incredible number of new deputies and sheriff's deputies, custody deputies, and we have gotten to the point where we have run out of salary savings or are running out of salary savings to offset the overtime that's still needed to run those posts and to run those patrol stations that are scattered throughout the county. And so it's a problem. It's a dilemma. I don't have a solution, immediate solution for you. All I can pledge to you is that we're going to do everything we can do to restrict the amount of overtime that is spent.
And, you know, we have already done that with respect to some significant strides, as you've heard, with mandatory overtime, which was having a very corrosive effect on the morale of our staff. And we met with the DSA and we worked out a plan. And, you know, we are looking at several other scheduling options that would put fewer people on at certain hours and so forth. But, you know, it all is, you only have so much.
Somebody once said, a police chief up in the state of Washington once said, You know, think of what we do as making a pizza, okay? And we go to schools to learn what we do, like a chef would go to the best Italian cooking school in Sicily, and he can learn how to make a pizza. And if you have him make you your pizza, your delivery of services, if you only give us enough Resources to make a small pizza. We can't make you a big pizza. We can't cover everything that needs to be covered. So I don't know how else to put it. We're doing the best we can.
We've had these challenges. You got tired of me coming up every budget session telling you that we're 50 positions short or 45 positions short, but the reality is the staffing analyses that have been done and are currently being done are showing the same thing. We just are short-staffed to run the operation that we have.
Thank you, Sheriff. Supervisor Lavagnino and Supervisor Lueb, questions? Because we're trying to do questions and then we're going to take a small break for an interpreter and then come back for final deliberations.
So on that granularity, that is what I think is one of the things that's missing because it makes us feel like that it's just an arbitrary number. We're going to work whatever overtime is necessary and the number is what the number is. And so When you guys came in on the Enterprise fleet, so impressive. So impressive. Tiffany crushed it and she knew every single car and when it was going to be replaced and what the plan was for that car of 119 cars. Now, I know we have a lot more deputies and we have cars, but that's kind of what I'm looking for of Having these guardrails on, so I know, I'm not calling in Bob to backfill me because Bob's already going to go double overtime right now and he's going to cost three and a half times unless I call Supervisor Capps in.
So it's just, for us, it's like, okay, it just feels like whatever's easy and then we'll fix it instead of, hey man, we're kind of handcuffed ourselves and we got to do X, so.
Chief Supervisor Lavagnino through the Chair, if I may. So for jail custody purposes, we do have kind of a bumping system as what you're describing. So for mandatory overtime, for example, the least senior employee is the first one called, the most senior, presumably the higher paid, or the person with higher rank would be the last person called and the last person on that list. So that allows us to kind of Thank you very much.
If they were working overtime and not FLSA-exempt, those individuals can also be bumped by a deputy sheriff's or a SEIU person for a post that they were working, given that it's not, you know, within 24-hour notice or something like that. So there is certain rules or guidelines that we have around that to try to mitigate costs in that realm. Thank
you. Thank you, Chief Sullivan. Supervisor Lee and Supervisor Capps.
Got it. Sheriff Brown, I appreciate the food analogy. I think Would you be open to a consultant coming in and helping your department figure this out? Is that something you're open to?
3:25 – 3:308 turns
Supervisor Lee, through the chair, I suppose that would depend on the type of consultant and who it was and what their ultimate motivator was. I mean the reality is we have A variety of different resources that we tap from the state and from other associations, from the American Jail Association, for example, American Correctional Association, others that have been a great resource to us in terms of technical advice and things that we are doing to to address staffing and former Chief Waslewski was very well versed in actually crunching those numbers and coming up with the needs and everything else as a result of that. So we're always open to, you know, outside assistance and listening to other ideas and what have you. But remember also that the more The more we focus on, like, for example, the granularity of the, particularly when it comes down to the individual deputy or how long they've been on, how much they make, how much they work, to do those kinds of things, A, I'm not sure that that exists in a model, in an algorithm or whatever, but I think that You know, we've, for example, just when it comes to scheduling, we do our scheduling on a pretty local level.
Stations, sergeants are responsible for their stationing, their scheduling. Other agencies do it department-wide. They have scheduling software. We actually bought scheduling software that we tried to use, but it was an incredibly convoluted process, and basically what the vendor said after we bought it was, well, you really need one or two people full-time to be the schedulers.
And when we're running as short as we're running now, we just don't have that depth and it would, so it would require additional people to do it. Could it be done? Certainly, but it would require additional staff resources that we just don't have right now.
I'm just asking you to be open to the idea and I'd be more than happy to discuss this with you.
Real quick to Supervisor, Supervisor Lavagnino.
Yeah, I just apologize. I got a family emergency. Somebody's at the hospital, so I gotta, I'm gonna cruise out. This is just a receiving file, so I think everybody knows where I'm at. Thanks.
Thank you, Supervisor Lavagnino. Supervisor Capps.
Yeah, thank you. I just had a couple questions for our Human Resources Director, but and Sheriff, I do want to just acknowledge the High imperative for public safety and the fact that the crime rate is down and that the opioid overdose rate is significantly down. And that's incredible. We had a public speaker who I have spoken with in the past who lost her son four years ago. And so I commend you and your team for that.
So but what's concerning to me and what has stood out to this conversation is that these that this is the department, all of these issues are so unique. to your department, and yet we do have many departments that deal with emergencies, many departments that have overtime, and so I just wanted to ask our Human Resources Department, Director Schmidt, I mean, first, other departments, fire department has somewhat similar, you'll have to get into the details, but somewhat similar MOU agreements on overtime, etc., but don't have these overruns, correct?
That is correct.
All of our departments potentially have overtime to different degrees and work within their budget for the most part.
Right. And so, and also too, I mean, we looked up the vacancy rates because you have said repeatedly that, you know, the sheriff has said repeatedly that he's understaffed. I think every department director would say. up here with as much passion and convincing argument that they are understaffed and probably give us data but we looked it up and you know at this stage right now your vacancy rate is six percent you're amongst the highest of our departments so that is a good thing and I know the board has supported a lot of initiatives recruitment bonus fees etc but you know consistently you've been 10%, 14%, whereas other departments are more like 16%.
So, that is good. And so, again, I don't want a picture being painted that these challenges are unique solely to the Sheriff's Department, yet we have other departments that deal with emergencies all of the time. And again, that is what the county is here to do, is to respond to emergencies and to help keep people safe. So, my second question for Ms. Schmidt is, because I don't want to gloss over this, Abundantly clear to me that these rules that have been set forth in this current arrangement MOU with related to overtime need to be changed and I know we can't get into specifics but that is the authority. Can you speak to what could happen just broad strokes and so that the public understands we're not getting into details here but I know the process is Thank you all for joining us.
3:31 – 3:3810 turns
We are in a multi-year agreement with both the Deputy Sheriff's Association and the Sheriff Management Association that will expire in June of this year. So we will be headed back to the bargaining table with those bargaining units. As we discussed, all changes need to be bargained in good faith with our Associations. So we would approach them with any ideas that we have for changing terms and conditions of employment the way that overtime is paid or used and engage in that good faith bargaining process with them, try and seek solutions through that process.
Okay, thank you. I just need a clarifying question because from what Supervisor Capps asked you, Ms. Schmidt, was that Other departments that have like fire, for example, can you contrast what's the difference then? What's going on that is different at fire that's different from sheriff? I know they have the comp time, so I know that's something that drives overtime, but besides that, what's different between the sheriff's budget with overtime and fire's budget?
I think I would deter, for the budgetary, I would go defer to Paul Clemente from the CEO office. Yeah. Okay.
Chair Nelson, the question is why a department like fire isn't regularly coming in front of the board like this. I would say it's because fire budgets, they have more resources budgeted into their overtime line items. So they do expend, I don't have the numbers off the top of my head, but I would say similar numbers to what the sheriff probably expends in overtime. They're relatively smaller.
Total staff so maybe it's less overall but you know it's probably similar numbers but they have more budgeted in their overtime line item that they're not exceeding that and they're a special revenue fund that receives their direct dollars.
It's a good question, Chair Nelson. One of the things that we notice as we're looking, researching the MOUs is that in the, I believe in the firefighter MOU, they can't accrue comp time in the same way. It has to be cashed out. And I think that, as we saw, the accrual, the banking of it has caused all these secondary impacts. But that's not, the fire agreement does not allow for that.
There's one other big HR reason that they are different and that would be the staffing challenges. So we do not have a problem hiring firefighters, whereas we do have challenges hiring law enforcement officers.
So I guess this conversation would be different if they had more revenue.
Yes and no. I think if the Sheriff's Department had more revenue, if without a change in the way that the MOU is structured, we would still have some issues, I believe. And then just the issue of tracking is always going to be an issue. But that and what Director Schmidt said is about just the difficulty of hiring Deputy Sheriff positions. Understood.
Thank you. Okay, we're going to take a five-minute break for our interpreter and come back for final deliberations. Again, thank you for everybody's patience. I'm sorry, I know it's gone a little bit longer than everybody expected, but we're going to take a five-minute break and then come right back. We need to let our interpreter take a break. All right, welcome back everybody. We're going to go ahead and move on to deliberations for departmental item number two. It's February 10th, 2026.
So we're moving on into deliberations. I know Supervisor Hartmann has been anxiously waiting to make some comments.
Thank you, Chair Nelson. I'm ready to go first. And first, I just again wanted to reiterate my enthusiasm for the new executive team and the kinds of granular analysis that they're doing and the kinds of recommendations that they've already implemented and are coming up with. And I think sometimes, you know, the rank and file can hear I believe that California law, specifically Assembly Bill 1185, Board of Supervisors Overtime and comp time can create a self-feeding cycle. Deputies work overtime and bank comp time at a 1.5 times rate, then later use that comp time, which triggers additional overtime. And so the loop escalates costs for the general fund.
If the sheriff had to pay overtime out of his own budget, it would be tightly managed. But the general fund covers these costs, so there's no natural break on spending. The current system really rewards overspending while diverting resources from other critical county services, including public safety, social programs, and infrastructure. I think the Inspector General is a solution to this. It functions like a circuit breaker on a runaway system. Without oversight, the loop continues unchecked, generating more overtime, more comp time, and somewhat higher pension obligations. With an IG in place, systemic issues are identified early, continuous oversight is maintained, and taxpayer dollars are protected from spiraling costs, and I think it engenders greater trust.
Other California counties have successfully implemented IG offices for their sheriffs, and I believe that analysis would show that these go beyond use of force. They monitor overtime staffing or policy compliance, and they report directly to their boards. And this model, I believe, is fully supported by state law. So I think establishing an inspector general is about accountability, transparency, and fiscal responsibility.
And it ensures that sheriff's operations are effective, fair, and financially sustainable, protecting county resources today and into the future. It is absolutely clear that an IG cannot micromanage operations, but they can identify waste duplication or misallocation of resources and provide recommendations to the board. I believe that there are other areas of potential cost savings not just related to overtime in the Sheriff's budget. And I think an IG could review the Sheriff's operations budgets and resource allocation to create greater trust and accountability. So I would like, when the time comes, at least to make a direction related to, I think it's E in the recommendations, and I have language for that.
3:38 – 3:4818 turns
All right, thank you for those comments. Supervisor Lee. At some point what we're going to do is go through all the different numbers on there, all the different letters to make sure that we are in agreement on each section of this, of recommended actions, but as far as Supervisor Hartman, are you saying that you would also accept all the rest of the recommended actions?
I would. I think that I'm looking for something that's ongoing. So if I had to choose between another audit of specific issues or an analysis of the feasibility of an IG appointment, I would choose the latter. But we could do an all of the above.
All right, thank you, Supervisor Hartmann. Supervisor Lee. So, Supervisor Hartmann, this IG, I don't know enough to really support this, but I will support it coming back to our board for information about the pros and cons that what this IG can do. Is this something you'll be open to?
I'm not proposing that we create it today. Let me just read the motion that I have. Direct staff to return with an analysis of the board's authority and options under AB 1185 to establish an inspector general for fiscal and administrative oversight of the sheriff's office, including potential scope, costs, and implementation considerations. So I'm asking for an analysis and then returning to the board for a robust discussion.
And that would go under E, since we're not agendized for that item today, so it's just asking for more information in the future.
Yeah, that's something I would support. The more information we got, the more looking at different ways we can do it would be a good step. I believe the auditor can do something more that they can evaluate this. So that's something that I want to see that we take a look at. But for me what's important is transparency. I would like to see that we do a monthly A item just for the board to see the overtime so that the community The people that are in my county can see that we are trying, we are being transparent, so that's important to me. So I support all the recommendations, including Supervisor Hartmann, ask about the AG.
Supervisor Lee, let me clarify on the request for additional regular overtime reporting. We do it quarterly right now. Right. And we do it about a couple months behind, right? Because we actually have to get the data and then to bring back to the board. So we're already bringing it back every three months. Would you like to see it come back every month? Paul,
what do you think? Because you do the numbers, I want to make sure that we're able to provide the most detailed information.
Trying to eliminate over-duplication of this, right? We want to make sure we are as transparent as possible, but we're not creating a bunch of extra work, right? Yes.
Supervisor Lee, through the Chair, if we're talking Kind of up-to-date tracking of overtime usage and that kind of looking at the time cards and things that may be more in line with the auditor's function and maybe what's already kind of outlined in there in the recommended actions that could be specified. It's a monthly return back or something like that.
For six months, just something that we can show that we are tracking it, we are on top of it.
Supervisor Lee to the chair if I could. You're requesting that the auditor come back for at least the first six months with an A item that per whatever updated payroll records they have shows overtime usage in the Sheriff's Department. Is that accurate?
Under Sheriff Welch, he does have recommendations. I want to see results of what he's asking so that overtime is going down so that...
Okay, so as Ms. Schaffer's in the Santa Barbara Board Chambers, is that feasible for you?
Yeah, I believe we can do that. Just look at the timesheet data, you know, bring an admin report back monthly.
Thank you, Auditor Schaffer. Supervisor Capps.
Yeah, no, thank you. I appreciate both of those suggestions. I support both of those ideas and I just want to be clear as well about those on the front line. I support their work and make clear that they were following the rules. By and large, I mean certainly we had an arrest and I hear the disappointment in the Sheriff's voice about that, but by and large the rules have been followed. It's just that the rules need to be changed and that's what I'm committed to doing and our HR director has outlined that that process can begin.
And that these loopholes need to be closed and that sits with us. But you know just like a credit card isn't a spending plan, this sort of like permissive policy of overtime isn't a substitute for management and we've just seen millions and millions of dollars being overrun and I understand that it's for Safety, but we have a responsibility for fiscal oversight as well.
And to me, that responsibility, that leadership of oversight sits at the top, that sits with the sheriff. And so I support these extra steps, the extra oversight that needs to be brought in. Thank you.
All right. Thank you, Supervisor Capps. And so a couple of things, thoughts that I had in this space. And I really appreciate, again, Supervisor Capp's attention to detail on overtime and some of the things that are happening out there in that space that are driving these numbers up. I think that there's a lot of taxpayers out there that are surprised on how overtime works in government. And I think this is not specifically just the Sheriff's Department. I think this is throughout the county that overtime is generated in a way that it might not be generated in the public sector. So what I'm also hoping that we take a look at is, you know, not just Pick on the Sheriff's Department. I think we should be actually looking at the maybe the five departments that get the most amount of overtime and see if the same practices that we're seeing in the Sheriff's Department are happening in other places.
I don't think we should be just targeting this one department. I think if this is something that we say it's wrong in the Sheriff's Department, it needs to be wrong across the board. And so I like the auditor to look at, again, maybe I don't think we need it across all our departments. But maybe our five highest generating overtime departments so we can kind of get a handle on that. So I think that will end up hitting all of our negotiating groups at that point. And so then, therefore, where that can inform our future negotiations with employee groups.
I heard that this exists in other counties and other areas, but just because somebody else is doing it doesn't make it right either. So I think we need to kind of get our arms around that. I think that ultimately we're accountable to the taxpayers. And again, I appreciate this board's appreciation for that. You know, that amount of cognitive dissidence on what might happen in the private sector versus what might happen in government.
Let's see what else is on my notes here. You know, it's clear to me that this has been driven in part because of the new jail, chronic overstaffing, and then the needs in our community. I think at the end of the day, You know, the Sheriff's Department obviously takes what's given to them. You know, they're trying to address public safety in our community, and as I mentioned before, they can't budget for homicides. That's not a number on a line. They can't budget for what it's going to cost for a mass casualty incident.
You know, they can't budget for a crime happening at an end of a shift. You know, but that happens on a regular basis where something in their 11th hour of a patrol deputy where there is a robbery or an assault and that they need to go further into overtime to be able to cover that. So I just think that it's different than other departments and I think that I want to be very careful about Thank you very much.
Board of Supervisors Hartmann has proposed along with Supervisor Lee and then if we can also amend that to look at the five other, you know, five highest departments on over time as part of any additional auditing. I think that would give some more clarity to the board on is this just a Sheriff's Department issue or is this actually prevalent throughout our organization? Is it just that we're Our funding's a little tighter on the sheriff because he's an elected department head, so we got to be a little tighter on him versus our own. They're ultimately responsible to us. So just trying to get that power structure kind of in place so we understand is this a problem that is ongoing. I do see some good news. I am also encouraged by the management team that the sheriff has.
It definitely seems to be a new attitude, a new energy behind solving some of these problems, and I look forward to that moving forward. So with that,
3:48 – 3:5431 turns
Chair Nelson, could you just clarify for looking at the five departments, let's say that are generating the most overtime for the auditor to look at it. Do you have an expectation of when you want that reported back to the board? I want there to be clarity with the auditor's
office. How long did the auditor take to do their initial look at the Sheriff's Department? Do we know?
Ms. Schaffer, can you answer that? I'm asking the team here. 375 hours.
Okay so let's let's see if we can have it by October 1st. I know we're gonna head into budget season and then the auditor is responsible for closing out this year. So potentially by August 1st. So that gives us a little bit over six months to get back to the board. Being mindful of the other things. That also helps us as we start to get into negotiating periods with other union groups. Obviously, we're dealing with the Sheriff's DSA over the next few months and over the next year, but that will actually help us inform some of our discussions with other bargaining groups as we go further.
Does that work for CO and the auditor?
I'm just checking with Ms. Schaffer.
Yes, we can do that.
Okay, thank you.
Supervisor Lee. I just want to say I support what you said about the Sheriff's team. They have stepped up and done a great job and I do believe that they will keep their word and do the best they can to fix this issue. So, thank you.
All right
so we need a motion. Yep go
ahead
Supervisor Hartmann.
Yeah just had a question so we were directing the auditor to do further review under C and part of that is to do more frequent reporting according to Supervisor Lee's request and then also to Look at the other five departments by October. And then my question is, what other issues? I think we talked about standby time, pension costs. I don't know if, what other, do we have any specific direction or does the auditor herself have ideas or A.C.E.O.
Heitman? I'm just not sure what we're asking for.
So I'm personally asking for the overtime evaluation, just the same way that we evaluated the Sheriff's Department for those other four other, so I'm just looking at the top five. Sheriff's definitely is part of that, so four additional departments.
I got that. Is there anything else that we want the auditor to do vis-a-vis the Sheriff's Department?
Chair Nelson, Supervisor Hartmann, in the auditor's report they had already identified areas that they believed required further review so a recommended action C actually is inclusive of those items already brought out in the report as well as other issues that they feel are appropriate.
If I can just add that I think we'd be part of the team sort of working on those specific areas that have been identified. If that helps.
Does that help?
Yeah, yeah, that helps a lot. Would you like me to make the motion?
Yes, go ahead and see if we can wrap it up.
Okay, so A and B and then C as we just discussed, the sheriff's audit, the things that the auditor has already identified. The more frequent reporting on overtime as requested by Supervisor Lee and then comparing overtime in the other five departments by October. D, and then with E, direct staff to return with an analysis of The Board's authority and options under AB 1185 to establish an Inspector General for fiscal and administrative oversight of the Sheriff's Office, including potential scope, costs, and implementation considerations.
And I think that would ideally come sometime before budget, before we make our final decision on our budget. And then F.
Okay, so I'm just gonna ask for a small amendment. I think it's just four additional departments, not five additional departments. I was just looking at our top five. Save a little bit of work for the auditor. No, that's fine. I appreciate that. I just want to kind of limit the scope a little bit for our auditor. Does that reflect the rest of the board's desires? Supervisor Capps, are you okay with the
motion? Yeah, in fact, I would second it.
Okay. Does that make sense for our clerk and our CEO?
Yes and just to clarify because it was stated earlier but not in the motion that when the auditor comes back monthly on it with an A item on the sheriff's overtime you want that for the next six months.
Yes.
Thank you.
And is that is that reflected in your motion? Supervisor Hartmann?
I didn't state it but it is now.
Okay so it's been amended and that is that satisfactory to Supervisor Capps as the seconder? Okay so the motion from Hartmann is second from Capps. Let's go ahead and get a roll call vote.
Roll-call vote Passed 4–0 motion from Hartmann is second from Capps. Let's go ahead and get a roll call · 1 under review
Show transcript
All right, thank you. All right, thank you everybody for sticking with it. Obviously a long item, but a healthy discussion. At this time we're going to go ahead and recess to closed session. Madam County Council, will you please read our closed session items into the record?
3:54 – 3:564 turns
Thank you, Mr. Chair and members of the board. The board is scheduled to consider one item of existing litigation, Sable Offshore Corp versus the County of Santa Barbara, and it's a U.S. District Court case, and the time estimate is 30 minutes.
Okay, so we'll be back no earlier than 2 o'clock. Just for the public that's watching, we will be coming back just to report out of closed session. We have finished all of our public items for the day, so we'll be coming back out to report and then adjourn the meeting. Thank you. Welcome back to the February 10th, 2026 meeting of the Board of Supervisors. Madam County Council, will you please report out from closed session.
Thank you, Mr. Chair, members of the Board. The Board met in closed session on one item of existing litigation, Sable Offshore Corp. v. the County, and the Board took no reportable action.
All right, thank you. That concludes our agenda for today. So we will be adjourned to February 24th, 2026 in Santa Barbara. Thank you.
