In one breath, a federal judge issued an order prohibiting Monterey County Sheriff Scott Miller from campaigning in uniform, but denied a Deputy Sheriffs Association request for a temporary restraining order.
U.S. District Judge Lucy Koh issued the preliminary injunction Tuesday in U.S. District Court, Northern District of California. The order is based upon a stipulated agreement filed Oct. 9.
Per the injunction, Miller, who is seeking re-election, cannot campaign in uniform. Among prohibited acts, Koh listed “participating in political activities while in uniform” and “posting pictures of himself in his Sheriff’s Office uniform in any of his campaign materials, such as his campaign-related website, [fliers] and mailers.”
DSA President Scott Davis called the injunction a win for all of Monterey County.
Miller, on the other hand, called the DSA’s release regarding the injunction political fodder to assist Steve Bernal in his election efforts. Bernal, a deputy and DSA member, is running to unseat Miller.
In a federal complaint filed last month, the Monterey County DSA alleged Miller violated state and federal campaigning laws. Specifically, the union alleged Miller “plastered” uniformed pictures of himself on his re-election Facebook page and partook in a KSBW interview while in uniform.
The DSA also alleged a Sheriff’s Office policy is unconstitutional. Policy No. 1058, which prohibits deputies from identifying themselves as associated with the Sheriff’s Office while partaking in political activities, has a “chilling” effect on the employees’ First Amendment rights, according to the complaint.
