Lt. Sean Gerrity, commander of the
Valley Center Sheriff’s Substation, was recently interviewed by
college student John Fawkes. We thought our readers would be interested
in some of his answers to Fawkes’s questions.
We’ll be presenting them in a series over the next few weeks.
* * *
Q: What is the process for being promoted in the Sheriff’s
Department?
A: This differs, depending on the position and rank.
We have two peace officer career paths in our department.
One career path involves limited peace officer authority, limited
to the fields of Detentions / Corrections and Courts. These positions
typically pay less then the other career path, which involves full
peace officer authority and additionally includes the broad law enforcement
field.
The entry level positions for these career paths are Detentions/Corrections
and Courts Cadet, and Law Enforcement Cadet. One must pass a written
exam, physical agility test, a thorough background investigation,
a medical exam, a psychological exam, a polygraph (or voice stress
analysis) exam, and an oral interview. Once hired, these cadets enter
their respective academies. The Detentions/Corrections and Courts
Academy, about 10 weeks, is not as long or extensive as the Regional
Law Enforcement Academy. I attended the Sheriff’s Law Enforcement
Academy in 1978 – it was 21 weeks long. I spent an additional
10 weeks as a trainee in a jail environment, and another 10 weeks
of training in a patrol car.
In either case, if one successfully completes one of these academies,
they are promoted to either Deputy Sheriff – Detentions / Corrections/Courts,
or Deputy Sheriff, respectively, and must pass an 18 month probationary
period.
During this time, one can be terminated at any time, essentially with
little cause, and are not afforded full due process guarantees that
a non-probationary employee receives under the Civil Service system.
Once passing probation, one has all of the rights and due process
protections afforded under the Civil Service system – they cannot
be arbitrarily fired without reasonable cause.
Both of these career paths have promotion opportunities to Sergeant,
Lieutenant and Captain at this time, within their separate career
path paradigms. A Law Enforcement Deputy Sheriff can promote to higher
department ranks beyond Captain, continuing to Commander, Assistant
Sheriff or Under Sheriff. In both career paths, after at least two
year in a current rank, applications, written exams and oral interviews
are required in order to advance.
Experience and performance are also factored in. A list is created,
lasting for a year. Typically, at least the top eleven on the list
are “certified” for promotion consideration each time
a position needs to be filled. A selection board of ranking officers
typically makes recommendations to the Sheriff, who makes the decision
as to who is promoted.
The process for Captain and Commander are similar, but written exams
and oral interviews are not done. Consideration is typically based
upon experience and performance, and all applicants are considered
for each available position instead of a minimum top eleven on a given
list.
The positions of Assistant Sheriff and Under Sheriff are known as
“at will” appointive positions.
Unlike the lower ranks, which have Civil Service protections and thus
one can only terminated with reasonable cause, these positions do
not have these protections. The Sheriff can terminate an Assistant
Sheriff or Under Sheriff any time he or she wishes, and for no reason
at all. Further, no testing is required for these positions.
Though these positions have traditionally been filled from the Commander
(and higher) ranks, the Sheriff can and occasionally does appoint
anybody he wishes to these positions – the person does not even
have to be a member of the Sheriff’s Department before appointment.
Recently, a retired but formerly high ranking person from the FBI
was appointed as an Assistant Sheriff.
The positions of Under Sheriff and the lower Assistant Sheriff positions
can be compared to presidential cabinet positions. Typically, when
a new Sheriff takes office, he appoints his own Under Sheriff, and
three Assistant Sheriffs. It may be the previous holders of these
positions, or they may all be replaced by an entirely new “cabinet,”
as the Sheriff desires.
The position of Sheriff is provided for through the Constitution of
the State of California. The Sheriff is an elected position, selected
by all voters within the borders of San Diego County (including the
voters in all of the cities within the county). Because of this, he
is known as the “senior law enforcement officer of the County,”
including all of the cities, making his position substantially different
than that of a Chief of Police. Police Chief’s are typically
“at will” employees appointed by a City Manager, who in
turn is appointed by a City Council – the City Manager can fire
a Police Chief at any time, essentially without cause.
The Sheriff can only essentially be “fired” by those of
us who elect him or her. Furthermore, the Sheriff has the ultimate
responsibility to provide law enforcement protection to all of the
people of the County. For instance, if a city police department were
to become corrupt, or if a city becomes bankrupt and can’t provide
police protection because of this, the Sheriff has the responsibility,
through his deputies, to step in an provide these services until such
time as the police department can be restored. (Note: Each one of
us, regardless of our rank, is a “Deputy Sheriff.” Each
Deputy Sheriff has all of the power and authority of the Sheriff him/herself
– we act with his or her authority in his or her place).
Have you ever had conflicting goals given
to you by the government?
This is a very broad question. It depends on what
you mean by “goals” and “government.” There
are essentially three “levels” of government – local,
state and federal. They are not necessarily hierarchal, especially
between state and federal. The “plenary” power of the
people is actually delegated by the states to the federal government,
thus the “power” of the federal government derives from
the states (not the other way around). Conversely, the “power”
of local government (counties, cities, special districts) is also
delegated and authorized by the state, at least in California. Deputy
sheriffs (as well as city police officers) are peace officers under
state law, and generally have authority anywhere in the state of California,
at least for crimes committed in their presence.
All of these government levels are essentially divided into three
branches: legislative, executive and judicial – a governmental
balancing of power. Peace officers fall under the executive branch
along with other criminal justice agencies, such as the District Attorney.
The easiest way to envision this is that we are tasked with protecting
people by “executing” the law, created by the legislative
branch, as interpreted by the judicial branch – and all of these
branches are constrained by the United States and California Constitutions.
Within the context of these three branches of government, the answer
to your question is DEFINITELY and ROUTINELY, and this answer is also
very broad. There are nearly whole law libraries devoted to the ongoing
conflicting issues that arise between these three branches of government
and the people they serve, a result of this balance of power.
A peace officer must stay abreast of many of these issues through
ongoing legal updates and education. For instance, there are currently
state statutes and local ordinances that still exist, yet portions
of them have been held unconstitutional and thus invalid. Though rare,
sometimes laws are enacted that, on their “face,” a peace
officer can recognize as being clearly unconstitutional, at least
in part (even if it was passed by the electorate).
In such a case, it would be my duty to follow the constitution and
not “execute” that law (which can certainly cause conflict
with those who voted for it and want it enforced). Usually, however,
unconstitutional laws are not clearly so.
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