http://www.sanluisobispo.com/183/story/232226.html
Posted on Sun, Dec. 30, 2007
Tops stories 2007:Ongoing bugging probe dogs SheriffÂ’s Department
Leslie Parrilla
State investigators are still looking into
allegations that Sheriff Pat Hedges violated the
law last year by secretly taping a meeting between two subordinates.
The taping has caused a slump in morale across
ranks at the department, strained relations
between the sheriff and narcotics detectives and
sparked concern by the public and San Luis Obispo County supervisors.
Deputies at the department, who asked not to be
identified because they were not authorized to
speak about the taping, said the situation “puts
stress on the department from top to bottom.”
Hedges did not return calls seeking comment on this story.
The discovery of the tape has triggered a series
of other legal actions, including:
• a $1.25 million claim filed against the county by Chief Deputy Gary Hoving;
• a federal civil rights lawsuit filed by Hoving
against the sheriff, the county and Undersheriff Steve Bolts;
• detectives in the sheriff’s narcotics unit
retaining an attorney after Hedges said he had
eavesdropped while investigating criminal allegations against the unit.
State Attorney GeneralÂ’s Office investigators
began looking into the taping about four months
ago after a county attorney discovered that
Hedges and Bolts had recorded a meeting between Hoving and Sgt. Jay Donovan.
The taping may be illegal because California law
bars taping a conversation—unless all parties
agree, except in certain criminal investigations
or if the parties do not have a reasonable expectation of privacy.
Hoving was unaware of the taping but Donovan was,
according to court documents.
The county started its own investigation into the
sheriffÂ’s behavior shortly after the
eavesdropping became known. That investigation is
more than halfway complete, Assistant County
Administrator Gail Wilcox said Friday. The county
plans to interview more SheriffÂ’s Department employees, she said.
State investigators did not offer details on
where their investigation stands or when they expect to complete it.
Hoving has been on paid administrative leave
since Aug. 29 because he said he could not work
comfortably in the department. Donovan has
temporarily left the department because of a
medical condition, according to sheriffÂ’s
officials. Hedges said in September it was not
practical or necessary for him to go on paid
administrative leave during the countyÂ’s investigation.
Documents filed in the federal civil rights
lawsuit this month in U.S. District Court in Los
Angeles listed potential witnesses who can expect
to be interviewed for the case. The filing listed
eight employees at the Sheriff’s Department —
Hedges, Bolts, Donovan, Anthony Perry, Nick
Fontecchio, Gerald Giese, John Giese and Dale
Strobridge — and two high-ranking county
employees — David Edge, chief administrative
officer; and Deb Hossli, director of human resources.
According to court documents, Hedges and Bolts
concealed video and recording equipment in
HovingÂ’s office on Oct. 13, 2006, to tape a
meeting between Hoving and Donovan. The sergeant
was unhappy about being transferred by Hoving
from the narcotics to the traffic unit.
The taping was discovered when an attorney for
the county was preparing for a formal hearing on
a grievance filed by Donovan. On Aug. 22, the
county told the District AttorneyÂ’s Office of the
alleged illegal act by the sheriff. That office
handed the case to state investigators because of
a possible conflict of interest.
Hedges admitted to the taping and said he did it
because he was investigating potential criminal
activity by Hoving, court documents said.
He said Donovan suspected Hoving of interfering
with a criminal investigation by Donovan into the
narcotics unit, according to court documents.
All of the allegations against the unit were unfounded, Hedges said.
Leslie Parrilla can be reached at 783-7645.
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