Monterey County Deputy Sheriff’s Association suing Scott Miller

The Monterey County Deputy Sheriff’s Association is suing Sheriff Scott Miller in federal court for allegedly campaigning in uniform and violating his employees’ First Amendment rights.

To read the entire complaint, click here.

During a meeting Tuesday, members of the Sheriff’s Association voted to pursue legal action against Sheriff Miller for campaigning in uniform. The planned lawsuit also seeks to invalidate a Sheriff’s Office policy restricting deputies’ off-duty political & social activities.

The policy, Policy 1058, prohibits deputies from identifying themselves as “in any way being affiliated with the Monterey County Sheriff’s Office” in order to “endorse, support, oppose, or contradict any political campaign or initiative…social issue, cause, or religion.”

Deputy Sheriff’s Association President Scott Davis says the policy is too broadly worded.

“What counts as identifying yourself as ‘in anyway being affiliated’ with the Sheriff’s Office? Identifying myself as the President of the Monterey County Deputy Sheriff’s Association? Identifying myself as a deputy sheriff?” asks Davis.

At issue is whether a direct mailer sent by the organization with its picks for the Monterey County Board of Supervisors in 2012 contained imagery that violated the policy.

Not long after the election, they say Miller allowed an internal affairs investigation to proceed and told the deputies they could not do this again.

However, the organization also alleges Miller has blatantly violated state law by campaigning in uniform in this current election.

The lawsuit was filed in federal court Friday.