LA County Sheriff Alex Villanueva apparently wanted to reinstate a fired deputy accused of domestic violence - well before he took office.
According to the Los Angeles Times, Villanueva created a new 'truth and reconciliation' panel before he was elected, to rectify past mistakes made by the department that harmed deputies and the public.
Villanueva was working to rehire Caren Carl Mandoyan at least a month before a reconciliation panel issued findings that the deputy's misconduct did not merit discharge.
Citing a lack of urgency in the case, a judge this week rejected Los Angeles County's request for an order voiding the reinstatement of a sheriff's deputy who was fired in 2016 amid allegations of domestic violence.
The county argued that Sheriff Alex Villanueva overstepped his authority by reinstating Deputy Caren Carl Mandoyan shortly after Villanueva was elected in November. Villanueva's attorney, however, argued that the sheriff has the authority to hire whoever he wants -- raising the issue of whether Mandoyan was "reinstated" or "rehired."
Judge tells everyone to return to court June 26 at 9 a.m. to argue for an injunction against the sheriff's rehiring if fired deputy Caren Mandoyan. @KNX1070
— Craig Fiegener (@CraigNews3LV) March 6, 2019Attorney Louis "Skip" Miller, on behalf of the county, asked Beckloff to issue a restraining order removing Mandoyan, saying Mandoyan was still carrying a gun and a badge even though the county does not consider him to be an official employee of the department.
Judge Mitchell Beckloff said, however, he did not see an immediate need for a court order. He said the issue could be litigated in due course, and he set another hearing on the issue for June 26. The judge, however, questioned whether the county Board of Supervisors can interfere in the sheriff's hiring decisions -- saying there is a clear distinction between a fired employee being rehired or reinstated.
#BREAKING Judge rules the County of LA effort to seek an emergency injunction on reinstatement if deputy Mandoyan isn't an emergency— says they can file and argue in regular court. @KNX1070
— Craig Fiegener (@CraigNews3LV) March 6, 2019Mandoyan's firing in 2016 by then-Sheriff Jim McDonnell was upheld by the county's Civil Service Commission. County officials claim in their lawsuit that Villanueva does not have the legal authority to reverse the commission's decision, calling the move "void as a matter of law."
"To the county's knowledge, Mandoyan has not returned any county property and is continuing to hold himself out as a deputy sheriff," according to the lawsuit. "Respondents' actions are exposing the county to significant liability, threatening public safety and undermining trust in the department."
Villanueva has defended the reinstatement of Mandoyan, which was done shortly after Villanueva's upset victory over McDonnell in November's election. Mandoyan was a volunteer on Villanueva's campaign.
Last week, Auditor-Controller John Naimo, the county's chief accountant, issued a letter stating that Mandoyan would no longer be paid and must turn in his gun and badge.
The letter to Mandoyan says he is "not authorized to serve as a department employee" and that his salary and other benefits were stopped last month. It adds that the sheriff, who isn't authorized to override decisions made by other high-ranking county officials, knew of the board's decision, according to the Los Angeles Times.
Mandoyan's attorney, Greg Smith, told the newspaper Monday that the deputy remains on the job despite the county's objections.
Villanueva told The Times Sunday the matter "is under review and will be decided through the legal employment process. While the specific facts of this case are protected under the Peace Officer Bill of Rights and civil service procedures, I can assure that an objective, honest and fair assessment was conducted before reinstatement. We will let the process continue forward as we work to determine the final outcome."
According to The Times, a fellow deputy alleged Mandoyan grabbed her by the neck, tried to break into her home and sent her harassing text messages. Prosecutors investigated the woman's claims but declined to charge Mandoyan.
Supervisor Sheila Kuehl, who has been outspoken in her opposition to Mandoyan's reinstatement, told City News Service Monday the lawsuit has bigger ramifications than the "deep disagreement" between Villanueva and the board over his authority to make such a move.
"The larger picture is that the sheriff has also indicated that he wants to reopen the terminations of a number of deputies, and so we were also concerned that this was going to lead to a kind of set of actions that would be similar," Kuehl said, saying the concern pushed the county to pursue legal action.
On Tuesday, LA County took its newly-elected sheriff to court this morning — over his hiring of a deputy who worked on his campaign.
Judge tells everyone to return to court June 26 at 9 a.m. to argue for an injunction against the sheriff's rehiring if fired deputy Caren Mandoyan. @KNX1070
— Craig Fiegener (@CraigNews3LV) March 6, 2019#BREAKING Judge rules the County of LA effort to seek an emergency injunction on reinstatement if deputy Mandoyan isn't an emergency— says they can file and argue in regular court. @KNX1070
— Craig Fiegener (@CraigNews3LV) March 6, 2019LA County Sheriff Alex Villanueva is expending a lot of political capital defending his decision to reinstate a deputy who was fired over allegations of domestic violence.
LA County versus Sheriff Alex Villanueva— case in court this morning. County sues @LASDHQ— claiming Villanueva didn't have authority to rehire fired sheriff's deputy who worked on his campaign. #LosAngeles pic.twitter.com/HK5QUD2KPX
— Craig Fiegener (@CraigNews3LV) March 6, 2019The county is now suing Villanueva over the matter.
And some supervisors are questioning whether the sheriff can be trusted to continue implementing reforms in the department.
"There is a concern. There is a serious concern about some of the comments he has made and those comments translated to actions and I think the Board is going to have other issues that will come before the Board that we will have to take up and put in the spotlight," Supervisor Kathryn Barger told Peschiutta.
The sheriff has not responded to our requests for comment.
The power struggle between Sheriff Alex Villanueva and the county over the reinstatement of a deputy who was fired after being accused of domestic violence landed in court Monday, with the county asking a judge to uphold the deputy's termination
The county filed a lawsuit in Los Angeles Superior Court challenging Villanueva's reinstatement of Caren Carl Mandoyan, who was fired in 2016 by then-Sheriff Jim McDonnell.
Read the lawsuit below:
According to the Los Angeles Times, a fellow deputy alleged Mandoyan grabbed her by the neck, tried to break into her home and sent her harassing text messages. Prosecutors investigated the woman's claims but declined to charge Mandoyan.
His firing was upheld by a county appeals board, but Villanueva reinstated the deputy in his first weeks as sheriff after defeating McDonnell last fall.
Supervisor @kathrynbarger contends it was "totally inappropriate" to reinstate Mandoyan and county was forced to take this extraordinary step because Villanueva has told officials to "go pound sand." She asks, "Can you tell I'm frustrated by this? Yeah, it's ridiculous." @KNX1070 https://t.co/LInpztupvI
— Claudia Peschiutta (@ReporterClaudia) March 5, 2019LA County sues its own sheriff over his reinstatement of a deputy fired amid allegations of domestic violence. The reinstated deputy was a Villanueva campaign volunteer. Sheriff has not responded to our requests for comment. @KNX1070 pic.twitter.com/vDSsffp9FP
— Claudia Peschiutta (@ReporterClaudia) March 5, 2019Last week, county Auditor-Controller John Naimo, the county's chief accountant, issued a letter -- first reported by ABC7 -- stating that the deputy would no longer be paid and must turn in his gun and badge.
The letter to Mandoyan says he is "not authorized to serve as a department employee" and that his salary and other benefits were stopped last month. It adds that the sheriff, who isn't authorized to override decisions made by other high-ranking county officials, knew of the board's decision, according to The Times.
Naimo said Sunday that he consulted with the county counsel before sending the letter and had copied the Board of Supervisors.
Mandoyan's attorney, Greg Smith, told The Times Monday that the deputy remains on the job despite the county's objections.
Villanueva's decision to reinstate Mandoyan prompted a heated debate at a hearing in late January between the sheriff and the Board of Supervisors, which has no direct control over the day-to-day management of the Sheriff's Department.
Villanueva suggested Sunday that the county's move wasn't the final word on the matter.
"This personnel matter is under review and will be decided through the legal employment process," he told The Times in a written statement. "While the specific facts of this case are protected under the Peace Officer Bill of Rights and civil service procedures, I can assure that an objective, honest and fair assessment was conducted before reinstatement. We will let the process continue forward as we work to determine the final outcome."
Villanueva won an upset election against McDonnell in November.
-CNS and KNX 1070
