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San Mateo DA clears deputies' union president of wrongdoing amid Sheriff's Office turmoil

Head of San Mateo County deputy sheriff's union cleared of timecard fraud
Head of San Mateo County deputy sheriff's union cleared of timecard fraud 00:43

The San Mateo County District Attorney has cleared the head of the deputy sheriff's union of wrongdoing for alleged timecard fraud amid ongoing turmoil within Sheriff Christina Corpus' office.

On Monday, District Attorney Steve Wagstaffe released a statement in the case of Deputy Carlos Tapia, the president of the San Mateo County Deputy Sheriff's Association. Tapia was arrested by the sheriff's office on Nov. 12 for allegations of grand theft and obtaining money by false pretenses. 

"No one is above the law. We are committed to accountability at every level. While these actions are difficult, they are necessary to uphold the integrity and trust of our office, and our community," Corpus said at the time.

"I will continue to faithfully represent the interest of our union members and I will look forward to the district attorney's review of this investigation," Tapia said following his arrest. "And I'm confident I will be vindicated."  

The following day, the sheriff's office submitted the case to the District Attorney for review. Following the month-long investigation, the district attorney said Tapia would not be charged and that the matter was closed.

Wagstaffe said Monday, "We have concluded based on the follow-up investigation that no crime was committed by Deputy Carlos Tapia, that the complete investigation showed that there was no basis to believe any violation of law had occurred, and finally that Deputy Tapia should not have been arrested."

According to the DA, the original investigation by the sheriff's office was "extraordinarily limited" and "did not involve necessary follow-up investigation," noting that it was conducted entirely by an assigned acting assistant sheriff who reviewed Tapia's timecards.

"The Acting Assistant Sheriff noted in his report that the investigation was on-going and more needed to be done. Nevertheless, the Assistant Sheriff reported that the Sheriff's Office executive leadership directed that Deputy Tapia be arrested on November 12, 2024 without that additional investigation being conducted," the DA's office said.

During the DA's follow-up investigation several interviews were conducted, including with Tapia, the acting assistant sheriff, Tapia's supervising sergeants and lieutenant, management analysts from human resources, the assistant county controller and others.

Following the investigation, the DA's office said there were some clerical errors in which work hours were coded, but "nothing" showing criminal intent or criminal conduct. There were no monetary losses to the sheriff's office from the coding errors.

"It is my conclusion that the evidence establishes without question that Deputy Carlos Tapia did not commit grand theft, theft by false pretenses or any sort of timecard fraud," Wagstaffe went on to say.

After the announcement, Corpus said that an "internal review" of the matter would take place.

"While the criminal investigation has concluded, a separate internal review will take place, which is standard protocol when the arrest involves an employee," Corpus said in a statement Monday afternoon. "The internal review will be conducted by an independent third-party investigator to ensure it is a fair process." 

The DA's conclusion is a blow to Corpus, who has been facing calls to resign following multiple allegations of misconduct. On the same day Tapia was arrested, an independent report was released, accusing Corpus of bullying, using racist and homophobic slurs, conflicts of interest, and having a personal relationship with her chief of staff, Victor Aenile.

The San Mateo County Deputy Sheriff's Association along with the Office of Sheriff's Sergeants unions have accused Aenlle of creating a toxic work environment and interfering with protected union activities.

Amid the turmoil, the San Mateo County Board of Supervisors approved a proposed charter amendment to be placed before voters that would give them the power to remove an elected sheriff for cause. Currently supervisors do not have the power to remove Corpus from office.

Voters would decide on the measure in a special election that would take place in March 2025.

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