Election 2020 Sheriff's race Nanos campaign sign
This is a developing story and will be updated
Pima County Sheriff Chris Nanos was requested to appear at today's Pima County Board of Supervisors' meeting to answer questions about a sexual assault claim in the Sheriff's office, but refused to show up.
Hours before he was due at the Supervisors' meeting, he put his Republican challenger and a union leader on administrative leave.
The Republican challenger in the Pima County Sheriff’s race Heather Lappin was placed on administrative leave on Monday night. Aaron Cross, President of the Pima County Deputy’s Organization, a union outspoken against the current sheriff, was also placed on leave, although for different reasons than Lappin.
The Sheriff’s department wrote in a statement Tuesday that Lappin, who is a Corrections Lieutenant, allegedly colluded with a journalist to pay an inmate for a news story. The Department said it will refer the issue to the Arizona Attorney General and FBI “due to the nature of possible violations.”
AZPM reached out to the Arizona Attorney General’s office to confirm whether Lappin is being investigated. A spokesperson with the AG said he, "declined to comment."
According to the news release from the Sheriff's Department, Cross was placed on leave for engaging in political activities while appearing to be dressed in uniform. He allegedly picketed at two Tucson intersections and displayed a sign saying “Deputies Don’t Want Nanos,” despite being told by his supervisor after being spotted the first time to “not look like a deputy.”
“This behavior constituted a direct violation of his commander's orders, by appearing equipped like a law enforcement officer who is associated with official duties,” the statement said.
Cross and the Deputy’s Organization have endorsed Lappin’s run for Sheriff. Lappin also posted a picture of the sign reading “Deputies Don’t Want Nanos” on her campaign’s Facebook page.
PCSD alleges Lappin was aware of Cross’ political activities in support of her campaign, just not when the picketing would take place.
“Lt. Lappin expressed the belief that these activities were protected under First Amendment rights and there is no violations of department rules and regulations nor merit system rules,” PCSD wrote. "Case law is clear, the Hatch Act restrictions do not violate the 1st, 5th, 9th, or 10th amendment and both county and department rules are also clear in defining these acts as prohibited."
Scott Lowing is the Corrections Bureau Chief, Lappin's superior. AZPM obtained a memo from Lowing to Lappin dated Oct. 14, questioning her involvement in campaign activity by deputies in uniform.
VIEW LARGER A photo of the memo from Corrections Bureau Chief Scott Lowing to Corrections Lieutenant and Republican candidate for Pima County Sheriff Heather Lappin, questioning her awareness of campaign activity by deputies before her suspension on Oct. 14. “I’m also aware that you knew and further condoned their actions as you have posted them on your campaign Facebook page,” Lowing wrote.
Lowing also wrote Lappin is “not to discuss this matter until it is concluded.”
Attorney Steve Serbalik is representing both Cross and Lappin and said his clients cannot speak on either matter due to a gag order.
He released the following statement on behalf of his clients.
“Without commenting on the specifics of any ongoing investigation, I can state that if members are facing retaliatory investigations or administrative leave for protected speech activities, these actions would be unconstitutional, and goes against everything that law enforcement stands for.
Multiple members of the Sheriff’s Office were also issued admonishments - gag orders - that prohibit them from discussing their leave or the ongoing “investigations.”
Regardless of anyone’s politics, we should respect Constitutional rights.
Both myself and my members look forward to being able to comment further after the admonishments are lifted by Sheriff Nanos.”
Regarding Lappin’s alleged collusion with a journalist, Serbalik wrote,
“Heather is subject to an admonishment (a gag order) from the Sheriff’s Office, and therefore we cannot comment on the allegations. That said, should Sheriff Nanos choose to lift this gag order, she would be happy to address the allegations, as she denies committing any misconduct.”
Serbalik said the admonishments are issued at the discretion of the Sheriff’s Department.
“In this case, it is Sheriff Nanos’ decision as to whether any deputies under investigation would be issued an admonishment. It is also Sheriff Nanos’ choice as to whether he would lift the admonishment,” he wrote via email.
Sexual Assault Case
In September, the Arizona Attorney General’s Office released a report outlining four potential internal policy violations within Nanos’ department in the aftermath of an alleged sexual assault of a female deputy in 2022.
Nanos was invited to answer questions about the findings and potential misconduct in front of the Board of Supervisors today, but he did not show up.
In an email exchange responding to Republican Supervisor Steve Christy’s invitation, the Sheriff said he will answer the board’s questions after the November election.
“Unlike certain members of the board I will not re-victimize this young lady and allow politics to further their agenda. Mr. Christy’s timing is rather suspicious. I will answer any and ALL questions after November 6 in Executive Session,” Nanos wrote.
Pima County Administrator Jan Lesher said in her communication with the Sheriff, that Nanos believes the addition of the agenda item was politically motivated.
Christy, who asked Nanos to appear, is the Board's sole Republican member.
The news of Lappin’s suspension was first reported Monday night by the Green Valley News. Several community members during the meeting's call to the audience told the board they were concerned.
Democratic Supervisor Matt Heinz said he was “dismayed” Nanos didn’t show up.
“It is incumbent upon us and the board to ensure that county employees are safe, and if there can be an alleged rape occur at a holiday party with a sheriff present, that is unconscionable. This cannot happen, and this board must absolutely look at every possible avenue to take action and to call into question what the sheriff is or is not doing in this case,” he said.
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