Los Angeles Times

‘Flawed’ sheriff ’s unit should close, watchdog says

Risk Management Bureau tried to silence whistleblo­wers, L.A. County finds.

- BY KERI BLAKINGER

Oversight officials this month urged the Los Angeles County Sheriff ’s Department to disband a specialize­d bureau they say is silencing whistleblo­wers, protecting favored employees and downplayin­g misconduct in the upper ranks.

The job of the 83-person Risk Management Bureau is to help the Sheriff ’s Department minimize its liability by avoiding accidents and defending against lawsuits. But the L.A. County Office of Inspector General’s latest report, released Feb. 20, describes a historical­ly “flawed” bureau that became “inappropri­ately aggressive” under the prior sheriff and has not improved under the current one.

In one instance, the report said, the bureau appeared to retaliate against a whistleblo­wing deputy by wrongly reporting him to state oversight authoritie­s for dishonesty, an accusation that could have caused him to lose his law enforcemen­t certificat­ion permanentl­y.

Yet, repeatedly, the bureau failed to report to state authoritie­s allegation­s of deputy gang membership — even after one deputy named names in court. And when former Sheriff Alex Villanueva and several top aides were caught on tape “lying to a reporter” about a photo-sharing scandal, the department failed to investigat­e at all, the report said.

“The euphemisti­cally named bureau corrupts the county’s efforts to improve government conduct,” the report said, describing the utilizatio­n of law enforcemen­t to “protect” the Sheriff’s Department from citizens seeking redress as a “misuse of government resources.”

In a six-page response, Sheriff Robert Luna criticized the recommenda­tion and called the report “speculativ­e, unfair and irresponsi­ble.”

The blistering report and the sheriff’s pointed response appear to signal a shift in relations between the county’s top cop and the inspector general, which had generally been amiable — at least in public — since Luna took office in December 2022.

Under his administra­tion, Luna wrote, the Sheriff’s Department has reported more than 3,600 instances of serious misconduct — including 128 allegation­s of deputy gang membership — to state authoritie­s who oversee the certificat­ion and decertific­ation of law enforcemen­t officers.

In his letter, the sheriff criticized oversight officials

for failing to acknowledg­e changes under his administra­tion and said that many department­s have similar structures. He called the report’s examples “anecdotal” and questioned why oversight officials did not visit the Risk Management Bureau to better understand its operations.

“The Department is in fact obligated to mitigate risk, appropriat­ely support the goal of reducing liability and ensuring root causes are identified and corrective actions are implemente­d,” he wrote. “The draft report includes gratuitous attacks on Department personnel that include assumption­s about motive and intent that is not supported by any evidence.”

On Monday, the Sheriff ’s Department told The Times it would not follow the recommenda­tion to disband the Risk Management Bureau. Officials said the bureau’s captain has been temporaril­y reassigned but “not because of work performanc­e.”

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Until recently, California was one of few states with no way to permanentl­y bar bad cops from continuing to work in law enforcemen­t.

But in January 2023, a new law, SB 2, took effect. It allows the state’s Commission on Police Officer Standards and Training, or POST, to permanentl­y decertify those who lie, join gangs or commit other specific kinds of serious misconduct. In Los Angeles, the Sheriff’s Department charged its Risk Management Bureau with referring qualifying cases to state authoritie­s for considerat­ion.

How fairly the bureau is doing that is one of the central questions in the inspector general’s report.

In January 2023 — the same month the law took effect — lawyers for the county deposed a whistleblo­wer who’d accused officials of failing to protect him from a deputy gang known as the Banditos. According to the oversight report, the questions focused on finding inconsiste­ncies in his prior reports and testimony.

Six days after the deposition, the Sheriff ’s Department reported the deputy to POST for dishonesty, claiming he “admitted under oath he was dishonest.” But when oversight investigat­ors reviewed the transcript, they found that was not true. Instead, the report said, he’d admitted only that one answer “wasn’t accurate” and never admitted to making false statements or intentiona­lly leaving out informatio­n.

When the deputy later resigned while under investigat­ion for an unrelated matter, the Sheriff’s Department told POST he had left pending a probe involving dishonesty — which was also not true, the report said. After the deputy’s at torney and the inspector general raised concerns, the Sheriff ’s Department sent a formal correction to state authoritie­s.

“This aggressive approach to SB 2 reporting as to a whistleblo­wer is in sharp contrast to the approach the Department takes in other cases,” the report said, “particular­ly those raising claims against management.”

In October, the County Equity Oversight Panel recommende­d that Villanueva be considered ineligible for rehire after finding that he had harassed and discrimina­ted against Inspector General Max Huntsman and another county employee. Under SB 2, bias by a peace officer is considered “serious misconduct” that should be reported to POST for possible decertific­ation. But the Risk Management Bureau did not do so until after oversight officials asked whether it had been done.

The report detailed other delays in reporting allegation­s involving a highrankin­g official who gave inconsiste­nt testimony regarding deputy gangs; a department member who admitted to having a tattoo linked to a deputy subgroup; and officials accused of ordering the removal of documents that could have shown that allegation­s against a lieutenant had been fabricated.

In another instance involving the former sheriff, a Times reporter recorded Villanueva and top aides denying knowledge of a complaint about a deputy inappropri­ately sharing graphic photos of the 2020 helicopter crash that killed Kobe Bryant and eight others. By that point, the Villanueva administra­tion had ordered deputies to destroy the photos and, according to the report, were “lying” to “conceal the matter.”

“Although Risk Management Bureau personnel had an opportunit­y to manage risk,” the report continued, “the Office of Inspector General has confirmed that they have taken no action regarding the tape recording, either under the Villanueva administra­tion or to this day under the Luna administra­tion.”

In a statement to The Times late Monday, the former sheriff — who is running for a spot on the county Board of Supervisor­s — panned the report and, specifical­ly, Huntsman.

“This report is nothing more than electionee­ring designed to influence my campaign,” Villanueva wrote. “The staffing crisis of the LASD is due in part to Huntsman’s shenanigan­s and he needs to resign.”

The report also lays out concerns about the Risk Management Bureau’s apparent misreprese­ntations in the case of Josie Huang, a public radio reporter who was violently arrested while covering a 2020 protest.

The Sheriff’s Department initially said that Huang failed to identify herself as a reporter and was not carrying press credential­s at the time of her arrest. But Huang — who was wearing media identifica­tion on a lanyard — recorded the incident on her phone and posted footage of deputies stomping on the device and ignoring her as she repeatedly shouted that she was a reporter.

Afterward, the report said, the department conducted an investigat­ion in an effort to persuade prosecutor­s to charge Huang with obstructio­n. Last year, a court declared her innocent of the allegation, and the county took the rare step of agreeing to pay Huang a $700,000 legal settlement even before she filed suit.

In July, as county officials considered whether to approve that settlement, the Risk Management Bureau prepared a summary of the incident and the department’s response to provide context for the Board of Supervisor­s. According to last week’s oversight report, that summary effectivel­y “blamed Ms. Huang” by citing her alleged failure to comply with deputies’ commands and lack of department-issued press credential­s as “root causes” of the problem.

“None of these causes,” oversight officials wrote, “reflect the actual and very serious problems in this arrest: that deputies arrested a person clearly displaying a press pass, who they appeared to understand was press, when that person had committed no crime, and then wrote reports that were proven factually wrong by video evidence; that supervisor­s made a carefully considered decision to arrest her and submit false charges for filing; or that the Sheriff of Los Angeles County publicly and falsely accused her repeatedly despite the evidence.”

The incident, like most detailed in the report, occurred before Luna took office.

The report is part of a series on the Sheriff ’s Department issued this month by the county watchdog.

They include criticisms of the department’s handling of deputy gangs, a “report card” analyzing the department’s efforts to reform and a recommenda­tion to shut down a rodent-infested section of Men’s Central Jail.

 ?? IRFAN KHAN Los Angeles Times ?? INSPECTOR GENERAL Max Huntsman describes the sheriff ’s bureau as “inappropri­ately aggressive.”
IRFAN KHAN Los Angeles Times INSPECTOR GENERAL Max Huntsman describes the sheriff ’s bureau as “inappropri­ately aggressive.”

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