The Monterey County District Attorney’s Office investigated whether sheriff candidate Fred Garcia committed an election code violation about two months before the commander was put on leave after he criticized Sheriff Mike Kanalakis’ request to buy a helicopter.

Terry Spitz, chief assistant district attorney, says his office received the complaint toward the end of August and decided not to file any charges on Sept. 30. Spitz declined to specify what the allegation was or who made the complaint. “I can’t really go into detail about it because the election is still going on,” Spitz says.

David Cariaga, business representative for Operating Engineers Local No. 3, which represents Garcia, says Kanalakis made the complaint to the DA about his political opponent campaigning on the job. At the end of August, Cariaga says, the Sheriff’s Office opened an internal investigation into the matter, which is still pending. The former sheriff’s detective says Garcia is innocent, accusing Kanalakis of handling campaign business on duty. “Those who play in glass houses shouldn’t throw rocks,” Cariaga says.

Kanalakis declined to comment, saying it was a confidential personnel matter. Spitz wouldn’t say if Kanalakis levied the charge. “I know [the sheriff] knew about the situation,” he says. “Obviously, as a candidate, he had an interest in it.”

The complaint wasn’t concerning campaigning while on duty, Spitz says, adding that it is difficult to prosecute an elected official for using taxpayer time for political activity because government code section 8314 allows “the incidental and minimal use of public resources” for a campaign activity.

Although criminal charges against Garcia weren’t filed, the Sheriff’s Office suspended Garcia on Oct. 15, placing him on paid leave the same week that the Board of Supervisors rejected Kanalakis’ bid to use $660,000 in grant funds to purchase a helicopter owned by political ally Don Chapin.

Garcia blasted the chopper purchase in a letter to the supervisors and press release to local media, saying Kanalakis was misdirecting scarce dollars for bells and whistles. On Oct. 13 the supervisors sent the proposal back to the Budget Committee because they wanted more financial commitment from cities and a more detailed business plan.

Cmdr. Mike Richards won’t discuss the nature of the investigation. Cariaga says Garcia’s suspension is related to his letter to supervisors, adding that the Sheriff’s Office is investigating a slew of internal code violations, akin to “throwing spaghetti on the wall and seeing what sticks.”

In an Oct. 29 letter, Cariaga requested a change of venue for the case, alleging that internal affairs staff contributed to Kanalakis’ campaign. “With the above entanglement of loyalty to your administration and obviously your campaign, I would like to see what Seaside Police did in their most recent internal issues,” Cariaga writes. “They sent it outside their department.”

Richards says there will be no change in venue. “I don’t see any conflict whatsoever,” he says.

Garcia maintains that he didn’t do anything wrong by speaking out against the helicopter program. “As a candidate, I have the right to share my views not only with the public but also the Board of Supervisors,” he says. “I think [my suspension is] an act of retaliation on behalf of the administration.”

It’s unclear when the Sheriff’s Office will conclude its investigation, but if Garcia is punished, the case could stretch beyond the June primary, Cariaga says: “It’s going to be a long road to June.”