OC Register: Sheriff stands firm on gun permit plan

Sheriff stands firm on gun permit plan
Hutchens tell activists, supervisors her policy to reduce permits remains
BY NORBERTO SANTANA JR.


Sheriff Sandra Hutchens stood firm Tuesday against the county board of supervisors and hundreds of gun-owners threatening recall because of her controversial plan to reduce concealed weapons permits.

Hutchens, in the third public hearing on the issue in four months, told the crowd and county supervisors that her position had not changed since she first unveiled the new policy last fall -- despite some minor adjustments on how she plans to revoke more than 400 permits.

"I don't make the law. But I am required to enforce the law," said Hutchens, reiterating her view that California state law only allows certain exceptions to the ban on concealed guns in public.

"I realize this is a very passionate issue," Hutchens said. "I suppose the safe course of action would be to ignore the law and find a way around it."

While refusing to budge on the gun permits, Hutchens seemed to attempt a conciliatory tone, wearing a pants suit instead of her official uniform, and bringing a smaller entourage that did not include a top aide disciplined for exchanging disparaging text messages during a previous hearing.

Hutchens noted state statutes that give sheriffs wide discretion in granting gun permits. Former Sheriff Mike Carona was an avid supporter of gun rights and expanding the concealed weapons permits in Orange County.

But after federal prosecutors accused Carona of trading gun permits for campaign contributions, Hutchens decided to adopt a more restrictive policy and apply it retroactively.

Hutchens believes the law provides limited exceptions.

While all five county supervisors told her they did not agree, and warned Hutchens that she is misreading Orange County culture, they said they were powerlessness on the issue Tuesday.

"I do believe this policy remains overly restrictive for our county," said board Chairwoman Pat Bates.

But Bates admitted to the crowd, "the board really can't do much more than make our views known."

She announced this was the last hearing on the issue.

Supervisor Bill Campbell lamented publicly that he could have done a better job of sensing Hutchens views before voting to appoint her sheriff in June.

While Hutchens seemed to withstand the critiques of gun activists and county supervisors, it hasn't come without some damage.

Three different investigations are ongoing into her department's actions during the previous two gun hearings.

Hutchens launched an internal probe into a series of embarrassing text messages that her command staff sent to each other during a Nov. 18 hearing. She also launched another internal investigation into an incident where security cameras operated by a sheriff's investigator focused on the notes of two supervisors.

Meanwhile, the Office of Independent Review is monitoring another investigation into the increased security by sheriff's officials at a Jan. 13 hearing on the permits. Gun owners who attended that meeting have accused the department of trying to intimidate them.

And on Tuesday, county supervisors moved closer to removing the sheriff's department from providing security at the Hall of Administration. The Santa Ana Police Department has indicated interest in providing security to replace the sheriff's department, officials said.

Also, a dispute between the board and Hutchens over the ownership of the security tapes from the January board meeting is still simmering despite an offer by Hutchens Tuesday to abide by conditions set by supervisors for viewing the tapes.

More Trouble Coming For The O.C. Gun Grabbing Sheriff And Her Deputies

For the readers who don't know the story from the beginning, the following article is a follow-up of this blog posting I published on February 3rd: Vigilant Citizens In Action: O. C. Gun Grabbing Sheriff And Her Deputies Caught Red Handed

Due to the enormous backlash generated by Sheriff Sandra Hutchens illegal actions among law abiding OC citizens CCW permit holders and gun rights activists, hundreds and hundreds of people are expected to attend the upcoming meeting taking place on February 10th.

But what exactly the Sheriff did to generate this kind of backlash? We are talking about Sheriff Hutchens deputies singling out and bullying people for simply wearing a button with the letters CCW on it; intimidating and pat down searching of peaceful citizens attending a public meeting; use of undercover deputies; mocking and ridiculing citizens attending in email and Blackberry messages; using surveillance cameras to spy on the Board of Supervisors members who oppose her anti-Second Amendment policies.

Here is how things are now, just three days before one of the most anticipated meetings of the Orange County Board of Supervisors ever:

Text messages, surveillance tapes widen rift between sheriff, supervisors
Battle between Sheriff Sandra Hutchens and county supervisors could soon end up in court.

By TONY SAAVEDRA and NORBERTO SANTANA Jr.
The Orange County Register Friday, February 6, 2009


Eight months into office, Sheriff Sandra Hutchens is locked in a bitter power struggle with the same Board of Supervisors that appointed her.

And the two sides could soon end up in court.

What started as a debate over Hutchens' plan to reduce concealed weapons permits has morphed into a multi-faceted fight with supervisors, who accuse her department of spying, bullying and misusing public property.

Twice in recent weeks, Hutchens has publicly apologized to board members. Once, after a deputy used a surveillance camera to zoom on supervisors' notepads during a hearing, and again after command staff used its department BlackBerrys to exchange text messages ridiculing supervisors and critics of her proposal to reduce the number of concealed gun permits.

Supervisor Chris Norby responded this week by sending a mass e-mail accusing Hutchens of mounting a "misguided jihad" on gun-rights advocates, prompting calls from Hutchens' supporters for Norby to apologize.

"It's just childish on both sides," said George Wright, chairman of the criminal justice department at Santa Ana College. "(Hutchens) is going to have to tighten things up pretty quickly."

Some observers say that Hutchens is having a tough time adjusting from her past as a law enforcement bureaucrat to the give and take of politics.

Even Hutchens has noted that she doesn't see her job as political. She sees herself as sworn to uphold the state's laws in an objective manner.

"I don't make my decisions based on how the (county) supervisors will react," Hutchens said. "I'm the sheriff first."

In a letter sent Friday, county CEO Tom Mauk warned Hutchens that her fight with the board is a distraction that she can't afford. Instead of the gun permit issue or the videotape dispute, Hutchens' department should be concentrating on serious budget shortfalls, as well as curbing overtime and expanding the jail, Mauk wrote.

And so far, "little progress has been made," he wrote.

The fight between Hutchens and the board intensified this week when the sheriff learned that county executives made copies of the sheriff's surveillance tapes involving supervisors. Hutchens threatened to sue unless county officials agreed to certain conditions on how the tapes are kept and viewed.

Supervisors late Friday were balking at Hutchens' conditions.

"There is a crisis of confidence between the board and the sheriff, and that is not a good place to be eight months into office," Norby said.

For her part, Hutchens has said: "All I'm trying to do is put the policy back in line with what the law says (on concealed weapons). You can kind of see this is getting sliced up into a lot of different issues."

Hutchens inherited a generous gun-permit policy from ex-Sheriff Mike Carona, who was elected in 1998 on a platform that included allowing as many people as possible to carry weapons. Carona's administration issued 1,100 gun permits, among the most in the state. Hutchens is using tougher guidelines, which has incurred the wrath of supervisors as well as permitholders.

A hearing Nov.18 brought a crowd of angry gun activists to the Santa Ana boardroom, where they spent hours defending their perceived right to bear arms. During the mammoth meeting, high-level sheriff's officials used their BlackBerrys to send text messages among themselves, often mocking the board and the speakers.

"We are locked in mortal battle. It is ugly," texted Assistant Sheriff Michael Hillmann, a former LAPD deputy chief recruited by Hutchens to help rebuild the department. In a later text, Hillmann wrote that he wanted to poke his eyeballs out after listening to hours of testimony.

Hillmann next turned his BlackBerry on Supervisor Janet Nguyen, a critic of Hutchens' gun-permit plan: "I hope Janet has a pet she can call a friend."

Amid a firestorm of criticism, Hutchens apologized, acknowledging the texts as "unprofessional."

At the next hearing, Jan. 13, sheriff's officials increased security in the boardroom because of an unspecified threat. Activists were met with large placards warning against carrying weapons into government buildings. Uniformed and undercover deputies roamed the boardroom in what some supervisors called an intimidating show of force. At lease three people were pulled aside by deputies and questioned.

Gun activists charged that the extra security was intended to dissuade them from testifying, a suspicion strengthened by the release of the text messages. (Emphasis added)

During that meeting, a deputy used a surveillance camera to zoom on Norby's notepad and on Nguyen's BlackBerry. Hutchens discovered the intrusion and reported it to the board, along with her apologies.

Norby and Nguyen accused the department of using government equipment to snoop on them, sparking a new battle over who owns the surveillance recordings. Earlier this month, in a public rebuke of Hutchens, supervisors voted unanimously to take ownership of the surveillance video and took action to remove the Sheriff's Department from providing security for the board.

This week, the dispute went red hot.

In a letter written to county supervisors Chairwoman Pat Bates on Feb. 4, Hutchens said she learned that the county computer staff had secured a copy of the recording from the meeting without her knowledge.

Hutchens said that she is worried that public disclosure of the video recordings could threaten undercover officers and their families. She also threatened litigation. (Emphasis added)

Hutchens' letter, called a "missile" by Bates, triggered a fierce response.

Mauk wrote Hutchens back on Friday, saying he was "highly offended" that she suggested board members or the county staff would willingly put undercover officers in harm's way by exposing their identities.

That was done by Hutchens, Mauk said.

"I've seen a lot of contentious meetings," Mauk said in an interview, "and I have never seen a police chief put an undercover officer in a public meeting."

Hutchens' approach, said Mauk, Bates, Nguyen and Norby, is drawing heavy opposition and could have long-term consequences.

"This issue is really escalating. And she keeps on pushing," Nguyen said. "Some of these issues have escalated to the point where we do have a problem. There's a sheriff that doesn't want to work with us; she wants to do what she wants to do."

Bates remembers talking to Hutchens when she first took office, issuing a friendly warning about the challenges of moving from a bureaucrat to an elected official.

"Our job as decisionmakers is to see the gray," Bates said. "This is a job of representation, not just following the book."

For her part, Hutchens has said she is focused on enforcing the law, not politicking.

And she's comfortable leaving her political fate in the hands of Orange County residents, as opposed to supervisors, political parties or activist groups.

She likes her chances, often saying "I have tremendous faith in the voters of this county."