TUCSON, Ariz. (KGUN) — The Pima County Board of Supervisors considered a motion to censure Pima County Sheriff Chris Nanos at its Tuesday morning meeting.
The motion, introduced by Supervisor Matt Heinz at last month's meeting, called to censure Nanos over the "violations of First Amendment Free Speech rights" of Sergeant Aaron Cross and Lieutenant Heather Lappin. Lappin ran against Nanos in this month's election.
It also called to censure the sheriff for election interference over putting his political opponent on leave during an election, preventing her from campaigning.
But when Supervisor Adelita Grijalva asked at the meeting if they were allowed to censure Nanos, Chief Civil Deputy County Attorney Sam Brown responded, "The Board simply does not have the expressed authority to do so."
Lappin, a 19-year department veteran, and Cross, the president of the Pima County Deputies Organization union, were put on paid leave last month.
Cross was placed on leave for allegedly campaigning for Lappin in department-issued attire while off-duty.
He is currently suing Nanos in federal court, accusing the sheriff of violating his First Amendment rights. In a hearing late last month, a judge denied Cross's request to return to the force, but ordered the sheriff's department to clarify its policy on what off-duty deputies cannot wear during political activities.
Lappin, the Republican candidate for Sheriff, was placed on paid leave for what Nanos calls violations of department rules, including allowing Cross to campaign in uniform, and improperly helping a reporter gain access to inmates for interviews.
Nanos, who was not present at the meeting, has denied interfering in the election, saying that being on leave had no impact on Lappin's ability to campaign since she should not have been campaigning while on-duty anyways.
In a statement issued to the Board from Sheriff Nanos, Nanos said the Board could request any investigation they like, "however, that does not change the fact that a U.S. Federal Judge already found Sgt. Cross in violation of the Hatch Act. Lt. Lappin is under investigation for violating internal departmental policies."
Nanos continued, "In spite of the lies spewed by Mr. Heinz in his written agenda to the Board, their being placed on Admin Leave with Pay caused them ZERO harm or restrictions.
"Admin Leave with Pay is a tool commonly used throughout the county, so there is less disruption at the workplace while the matter is being investigated. Unfortunately, the Board is seemingly ignorant of their own policies."
Dr. Heinz expressed his frustration with the situation, saying he didn't know what Nanos would say because, he said, it was evident that Nanos violated the law in multiple ways for personal and political gain, using county resources.
"I wouldn't want to be standing right there, talking to us about it," Heinz said.
The Board unanimously moved to request that the Attorney General's Office and the U.S. Attorney for the District of Arizona investigate Nanos.
