Dear Editor,
On October 4, 2010, the Hollister Free Lance informed us that the San Benito County Deputy Sheriff Association (DSA) withdrew it’s endorsement of Undersheriff Pat Turturici. The president of the DSA, Mr. Mike Mull, told us the union met to consider the withdrawal of the endorsement after “circumstances came to light within the past few months.” Prior to the vote by the deputies we were told Mr. Mull approached Mr. Turturici about what he had called “some integrity issues, some ethical issues.” The reporter says, “Mull offered to elaborate on one of those issues.” Mull’s offer to elaborate on only one issue demonstrates a condescending attitude on the part of the deputies towards the citizens – who are your employers.
After the Free Lance ran the article on October 4, many accusations have been made and are currently in public circulation. If they are false then the DSA owes those who have been maligned an apology. But, if there are “integrity issues” and “ethical issues” that the DSA has knowledge of causing it to take such unprecedented action as to rescind the endorsement of Mr. Turturici then it is imperative that they divulge truthfully and completely all misconduct to their employers – the citizens of San Benito County – as required by US Code Title 42 section 1983,1985 and Title 43 section 1986. Fraud, misprision of a felony, obstruction of justice, malfeasance, and misfeasance might also be added to the list of legal causes for action. Each deputy needs to understand how important it is to be completely truthful, as an individual, independent of what the group mentality may require. If we the citizens are expected to trust our employees when you fulfill law enforcement duties, we must know you – each of you as individuals – are worthy of that trust by your willingness to abide by the same laws we the people have willingly submitted to. Remember that you have sworn an oath to uphold the Constitution. Now you must fulfill that oath. Silence is not a lawful option unless you are planing to exercise your fifth amendment right not to incriminate yourself.
Whether planned or by accident, you deputies have opened a “Pandora’s box”, but hopefully much good will spring from your actions. We believe there are good people on the force who have read and understand your code of ethics and the US Constitution, and take your oath seriously. If laws have been broken each deputy is duty bound to bring the offense to the attention of the proper authorities. If some of those authorities are corrupt then other channels are in place – the District Attorney, the grand jury or the general public. By doing this it is possible to restore the public confidence in the San Benito County Sheriff’s Department. Conversely, if you, the deputies choose to keep the citizens – your employers – in the dark, we will be forced to remove from our employ those who have broken their oaths of office and lost our trust, including those who have through their silence, for whatever cause, allowed the Sheriff’s Department to be compromised. We remind you of your own code of ethics. The choice is yours.
According to the SAN BENITO COUNTY SHERIFF DEPARTMENT CODE OF ETHICS:
As a Law Enforcement Officer,
my fundamental duty is to serve mankind; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence or disorder; and to respect the Constitutional rights of all men to liberty, equality, and justice.
I Will
keep my private life unsullied an example to all; maintain courageous calm in the face of danger, scorn, or ridicule; develop self restraint; and be constantly mindful of the welfare of others. Honest in thought and deed in both my personal and official life, I will be exemplary in obeying the laws of the land and the regulations of my department. Whatever I hear or see of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty.
I Will
never act officiously or permit my personal feelings, prejudices, animosities or friendships to influence my decisions. With no compromise for crime and with relentless prosecution of criminals, I will enforce the law courteously and appropriately without fear or favor, malice or ill will, never employing unnecessary force or violence and never accepting gratuities.
I Recognize
the badge of my office as a symbol of public faith, and I accept it as a public trust to be held so long as I am true to the ethics of the police service. I will constantly strive to achieve those objectives and ideals, dedicating myself before God in my chosen profession … Law Enforcement.
Dave Nicolaysen, Steve Merrell, Leif Nordstrom, Francine Mandeville, San Benito County residents