Sheriff candidate Vern Warnke’s pick for undersheriff may not qualify
Merced County sheriff’s candidate Vern Warnke, if elected, said he wants retired sheriff’s sergeant Suzzette Norris to be his undersheriff, but she may not meet basic qualifications for the position and his campaign-trail endorsement of Norris may expose the county to potential unfair hiring practices litigation.
Norris was a veteran investigator with both the Sheriff’s Department and the Merced County District Attorney’s Office. She has a solid reputation within the Merced law enforcement community, according to both Warnke and his opponent in the race, Pat Lunney, investigations chief for the District Attorney’s Office.
Lunney described Norris as a talented, capable investigator during her four years working in his division. Norris is now a criminal justice professor at Merced College.
Norris, however, does not appear to meet the minimum qualifications for the undersheriff position, which requires at least “two (2) years of experience performing duties equivalent to those of a Commander in the Merced County Sheriff's Department.”
County records show Norris retired from the Sheriff’s Department in 2007, holding the rank of senior sergeant. Command positions include the rank of captain or higher. Lieutenants and sergeants in the Sheriff’s Department are considered management positions, but not commanders, county officials confirmed.
Warnke said he never promised to make Norris the undersheriff, only that he would like to see her in that position. Warnke said the county’s job descriptions are outdated, saying the department eliminated the rank of commander several years ago, and captains assumed those duties.
“She had a lot of experience; she never attained the rank of a commander,” Warnke said. “But there’s nuances in every situation, and I’m sure with her qualifications, she’d be an excellent undersheriff.”
Warnke said he would address the qualifications issue “when it’s time to cross that bridge.”
Additionally, Warnke’s stated preference for Norris may cause problems for the county, which has established hiring and recruitment policies in place as a safeguard against discrimination and unfair hiring practices lawsuits.
Mike North, Merced County spokesman, confirmed the undersheriff position typically involves a formal application and selection process.
“State and federal law require that public entities hire in a nondiscriminatory manner. The county’s established hiring practices are designed to ensure equal opportunity,” North said. “We strongly recommend that elected county department heads follow all county regulations regarding hiring for liability reasons.”
Hiring for the position typically involves an open recruitment process in which those interested in the job formally apply.
The county’s Human Resources Department then checks the applicants, eliminating those who do not meet the minimum qualifications. The remaining résumés are then sent to the department for further screening and selection by a committee. That process was used the last time the undersheriff position was filled, North confirmed.
“I’ll adhere to all county rules and regulations,” Warnke said. “My concern was to ask her if she’d be interested in applying and she said that she would be interested.”
Lunney said that by naming his choice without an open selection process, Warnke may expose the county to potential lawsuits from other applicants, if Norris actually becomes the undersheriff.
“It demonstrates a lack of experience handling important administrative decisions,” Lunney said. “We cannot afford to make mistakes on personnel management that could have adverse results on the department and the county and possibly result in lawsuits.”
Lunney said he believes Warnke is “well-intentioned and honest,” but that any candidate should understand basic hiring practices before making campaign promises.
Norris did not want to comment on the matter in much detail, saying the focus of the race should remain on Warnke and Lunney. She did say she believes the sheriff may select whomever he wishes for the position.
“However, it’s not about who the undersheriff may be,” Norris said. “It should be about Vern and Pat and how they each want to solve the problems of the sheriff’s office.”
Lee Neves, a spokesman for Warnke’s campaign, said that if elected, Warnke would “obviously follow the letter of the law.” Neves said he doesn’t believe anyone would vote for Warnke simply because of his intention to name Norris as undersheriff, saying voters should support Warnke on his own.
Warnke emerged as the frontrunner after the June primary and has raised substantially more money than Lunney, according to the most recent campaign-finance documentation filed with the Merced County Elections Office.
According to records, Warnke has raised $162,598 and spent $111,673, since the campaign began. Lunney has raised $78,887 and spent $66,548.24.
The election is scheduled for Nov. 4.
This story was originally published October 10, 2014 at 9:52 PM with the headline "Sheriff candidate Vern Warnke’s pick for undersheriff may not qualify."