On behalf of its client, the Sonoma County Independent Office of Law Enforcement Review and Outreach (IOLERO), Renne Public Law Group (RPLG) secured a landmark victory before the California Court of Appeal, First Appellate District. The courts opinion establishes that labor agreements cannot override voter-approved powers granted to civilian oversight bodies. (Independent Office of Law Enforcement Review and Outreach v. Sonoma County Sheriff’s Office et al.)

“This decision reaffirms the fundamental principle that voters have the final say in how their local government operates,” said Partner and Head of Appellate Practice Ryan McGinley-Stempel. “When residents vote to grant oversight powers through a ballot measure, their intent should be honored and those powers cannot be negotiated away through labor agreements.”

The Court’s decision reversed a previous trial court ruling and confirmed that  IOLERO, Sonoma County’s independent police oversight agency, possesses subpoena authority that voters overwhelmingly granted through Measure P in 2020. The Sonoma County Sheriff’s Office and the Sonoma County Deputy Sheriffs’ Association challenged IOLERO’s authority to subpoena records and investigate whistleblower complaints, arguing that a letter of agreement between the county and the union had stripped IOLERO of these powers.

The dispute centered on whether Government Code Section 25303.7 mandates subpoena authority for all sheriff oversight entities, whether IOLERO qualifies as such an entity and whether a labor agreement can supersede voter-approved powers.

RPLG’s briefs, authored by Founding Partner Jon Holtzman, Ryan McGinley-Stempel, Partner Amy Ackerman, Of Counsel Geoff Spellberg, Senior Associate Imran Dar and Associate Mauricio Grande, shared three key arguments.

First, while Measure P did not use the exact title “inspector general,” it granted IOLERO the same powers that Section 25303.7 confers on inspectors general. “Substance rather than form should be considered if strict adherence to form would result in injustice,” the brief argued.

Second, Section 25303.7 uses mandatory language, “shall,” when describing subpoena authority. The Legislature gave counties a choice of who provides oversight, but not whether that  body has enforcement tools. “Without the power to subpoena witnesses, hearings before a civilian review board would be inadequate and ineffective,” RPLG wrote.

Third, the team argued the trial court erred in concluding the labor agreement—which did not expressly forbid IOLERO from issuing subpoenas in whistleblower investigations—superseded Measure P. “A labor agreement cannot supersede a voter-approved ordinance or state law,” the brief stated. “Nor can a local agency contract away its governmental functions.”

RPLG delivered their oral arguments before the court on Jan. 22, led by Ryan and Imran.

The court agreed with all three arguments. “Substance rather than form governs here,” the court wrote. “The voters granted IOLERO the identical powers that section 25303.7 confers on inspectors general. A labor agreement cannot supersede a voter-approved ordinance or divest a public agency of its statutory functions.”

The decision allows IOLERO to immediately enforce its subpoenas and complete its investigation. More broadly, the ruling affirms that California’s 58 counties cannot establish oversight bodies without the investigative tools necessary for meaningful accountability.

The victory also adds to RPLG’s string of significant appellate wins for public agencies in cases involving the Private Attorneys General Act (Stone v. Alameda Health System), Title VII and FEHA (Hittle v. City of Stockton), and property taxation (Olympic & Georgia Partners LLC v. County of Los Angeles).

” We want to thank Sonoma County and IOLERO for the opportunity to work on such an important and cutting-edge case” said Jon. “This decision ensures that when voters seek accountability from their sheriff’s office, they get real oversight with real enforcement mechanisms.”

Find more information about RPLG’s Appellate Practice Group here.

RPLG practices throughout California, advising and advocating for public agencies and nonprofits, providing courageous, creative and responsive solutions.