SACRAMENTO, Calif. — Sacramento County Sheriff Jim Cooper released a letter Thursday accusing the California Retailers Association (CRA) of misleading statements about fixing Prop 47.
His letter addressed to his constituents begins with, "The California Retailers Association (CRA) has made several misleading and inconsistent statements regarding a pending ballot initiative to address California’s retail theft crisis."
Cooper writes the CRA president joined prosecutors in a ballot measure to address retail theft and said in a recent ABC10 report that she was working hard to fix Proposition 47 but then stated in a Sacramento Bee story days later that passing a ballot initiative is not the solution.
Cooper says her suggestion the problem of retail theft could be fixed by making misdemeanors subject to a mandatory appearance would do nothing to solve it.
"Existing law already requires individuals to appear in court when cited or arrested for misdemeanor crimes. In fact, thousands of individuals in jurisdictions across California fail to appear on misdemeanor crimes following the issuance of a citation, arrest, or even court order. In Sacramento County alone, we have over 33,000 outstanding misdemeanor warrants. The volume of misdemeanor warrants issued for those who fail to appear is enormous and already unmanageable for law enforcement," writes Cooper.
Cooper says Proposition 47 states any effort to increase penalties for theft requires voter approval and therefore the legislature has no power to make changes to address retail theft.
He concludes by writing he's hopeful they can find common ground with big box retailers to solve retail theft.
The CRA sent ABC10 the following statement in response to Cooper's letter:
"The California Retailers Association is committed to working with all stakeholders interested in solutions of retail theft. This includes supporting an initiative to reform Proposition 47 and continuing our partnership with the Governor's Administration, the Legislature, and the newly appointed Assembly Select Committee on Retail Theft. This issue is too important to the safety of our employees, our customers and the communities in which we operate to not find effective solutions."
Cooper's letter comes after he took to social media earlier this month calling out big businesses like Walgreens and Target, and the California Retailers Association.
The National Retail Federation estimates retailers have lost $112 billion due to retail theft. What’s lost in revenue is passed onto consumers, costing an estimated $500 more a year on purchases.
It’s something law enforcement agencies and district attorneys across the state blame on Proposition 47 from 2014, an initiative aiming at tackling prison overcrowding. The initiative makes non-violent theft a misdemeanor when the value is less than $950.
Read the full letter below:
November 16, 2023
Dear Constituents,
The California Retailers Association (CRA) has made several misleading and inconsistent statements regarding a pending ballot initiative to address California’s retail theft crisis.
CLAIM: On August 22, 2023, the CRA president, joined prosecutors in filing a ballot measure to address retail theft. Details of the proposed ballot measure can be found at https://www.action.goldenstatecommunities.com/pages/prop47
The CRA president was an officer of the committee supporting the ballot measure and has repeatedly stated her support for this initiative. As recently as November 10, 2023, she told local media that she has been working “so hard” to fix Proposition 47 and put this initiative on the ballot.
FACT: In direct contradiction of this claim, in a November 15th Sacramento Bee article, the CRA president stated, “passing a ballot initiative isn’t the solution,” suggesting that the crisis can be cured by simply making retail theft misdemeanors subject to a mandatory appearance in court.
Anyone with experience in this realm should know that a misdemeanor approach will solve nothing. Existing law already requires individuals to appear in court when cited or arrested for misdemeanor crimes. In fact, thousands of individuals in jurisdictions across California fail to appear on misdemeanor crimes following the issuance of a citation, arrest, or even court order. In Sacramento County alone, we have over 33,000 outstanding misdemeanor warrants. The volume of misdemeanor warrants issued for those who fail to appear is enormous and already unmanageable for law enforcement.
As a result of Proposition 47 (“Safe Neighborhoods and Schools Act”), individuals who repeatedly commit theft and drug crimes suffer no consequences. People with drug and mental health issues, therefore, have no incentive to get treatment. Proposition 47 clearly states that any effort to increase penalties related to theft or drug crimes requires voter approval.
Per Proposition 47, the legislature has no power to make any meaningful change to address the retail theft crisis California faces. Given the extraordinary losses suffered by the retail industry and the significant impact it has on the consumer, I express my deepest concerns about California Retail Association President Rachel Michelin’s willingness to misrepresent to the public the facts on these critical matters.
While I still have my reservations because of their past history, I am hopeful we can find some common ground with the big box retailers and work together to resolve the crisis of retail theft.
Jim Cooper
Sacramento County Sheriff
WATCH MORE ON ABC10: Sacramento sheriff says California retail leaders not doing enough to fight retail crime
