21-05-2025
Kern County is in compliance with Free Speech Policy as part of agreement with Attorney General Bonta: report
BAKERSFIELD, Calif. (KGET) — The first annual report assessing Kern County's progress in implementing and complying with the Free Speech Policy — a countywide policy approved by the California Department of Justice — says the county has been 'substantially' following the policy so far.
On April 11, a notice of filing of the first annual report was posted on the Kern County Superior Court website.
The annual report, filed by designated Free Speech Retained Expert Barry McDonald, found the county 'was in substantial compliance with its obligations' under the stipulated judgment for the initial oversight period from Dec. 8, 2023 to Dec. 7, 2024.
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One complaint was filed under the Free Speech Policy during this period but, ultimately, no violation of the county's Free Speech Policy was established, according to the report.
Erin Briscoe-Clark, the chief communications officer for the Kern County Administrative Office, told 17 News the complaints cannot be shared with the public as they are confidential personnel documents.
In September 2021, the California Department of Justice began investigating Kern County to determine whether the Supervisors violated the free speech rights of a coalition of community-driven organizations as well as a small business.
According to the claim filed in the Kern County Superior Court, several supervisors who were on the board at the time refused to approve the contracts due to the contractors reportedly expressing support for the defunding of law enforcement agencies.
The contracts aimed to assist the county with its public health response to COVID-19 in 2020.
'I think that that is a radical political agenda that gives me great pause in awarding a contract with an organization that took on that cause,' one supervisor said. 'This is Kern County. We're not Seattle. This is where we support law enforcement, and we want more resources to go to law enforcement.'
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Investigators determined the county violated the rights of local organizations, the DOJ entered into an agreement with Kern County.
The agreement required the county to:
Adopt and disseminate a countywide Free Speech Policy
Designate a county complaint coordinator
Develop and provide annual training to members of the Board of Supervisors and other county personnel
The policy was designed to prevent the county of Kern from discriminating against county employees, potential employees and contractors for exercising their free speech rights.
The policy states the county employees are also prohibited from unlawfully discriminating against, harassing or retaliating against other employees, potential employees and contractors for free speech or filing a complaint under this policy.
The agreement also enlisted a free speech retained expert who is in charge of assessing the county's compliance with the Free Speech Policy and submitting three annual reports during the oversight period to Attorney General Rob Bonta and the county.
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The agenda for the Kern County Board of Supervisors meeting scheduled for Tuesday said the board would discuss the case with the Office of County Counsel in a closed session.
County Counsel Margo Raison told 17 News the exact contents of the closed session cannot be disclosed, only saying the counsel will be updating the board regarding the status of the agreement.
Raison said the county is currently in the second year into the agreement.
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