Clothing Questions for Sheriff's Candidates

Thursday, June 01, 2006

June 1, 2006 -- It's expected to be the closest race on election day. But, there are questions over what some sheriff's candidates are wearing in their campaign ads.

You've seen the ads all over television as candidates for Fresno County Sheriff are vying for your vote to replace Richard Pierce.

Under state law, members of law enforcement are prohibited from participating in political activities while in uniform, but it's seems as if it is happening a hotly contested Valley race for sheriff.

The candidates for Fresno County Sheriff want voters to know who they are and some of them and some of their supporters are seen wearing what appear to be official uniforms and badges.

In an ad for Colleen Mestas, she's wearing something very similar to the Fresno County Sheriff's uniform, but the county name on the shoulder patch appeared to be covered.

In a testimonial ad for Cal Minor, a local officer appeared to use black tape to cover his organization's name.

ABC-30 Political Analyst Tony Capozzi explained the goal for the candidates, "To look like they are really tied into law enforcement."

And in fact, they are. Four are members of the department and one is a former CHP officer.

But, California government code 3206 states, "No officer or employee of a local agency shall participate in political activities of any kind in uniform."

The Fresno County Sheriff's Department has a similar prohibition.

"It's against department rules and government code, and it's against the law," said assistant Fresno County Sheriff, Jeff Hollis.

Just last week, Hollis sent out a memo reminding the all the employees of government code 3206.

He told Action News that no investigation is underway, as there have been no complaints filed.

Prior to taping a Valley Public Television forum on Thursday, each of the sheriff's candidates told Action News that as long as they alter or blur official badges and patches, they are not in an official uniform.

A consultant for Colleen Mestas said, "No logos or any other marker is displayed that may connect a candidate with any particular law enforcement agency, in order to make sure we do not violate any code or statute."

"I'm trusting that the political advisors that are familiar with the law have figured out a way to make a point and still be in compliance with the rules and regulations," said Hollis.

"All five candidates are arguing that ethics is so important in this campaign and so important to the department," said Capozzi. "Well, you don' t leave ethics at the door when you go out and campaign. It should be something that sticks with your campaign and should be carried on once you become the sheriff."

"My impression is that they are violating the spirit and really the letter of the law," he said.

Both candidate Cal Minor and Jose Flores say there is a preliminary finding by the Attorney General's Office that uniforms with unidentifiable badges and patches are acceptable.

But, the the Attorney General's Office told Action News late Thursday that they cannot find evidence of such a preliminary finding and are looking into it.

What is clear, is that each of the candidates vying for the office of Fresno County Sheriff believes that appearing in, or having others appear in, pseudo uniforms in their political ads is legal and acceptable.

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