The Pima County Board of Supervisors voted unanimously Tuesday to request an independent investigation into whether Sheriff Chris Nanos committed criminal wrongdoing when he placed his political opponent and sheriff’s department employee on leave ahead of the election. 

“I was hoping [Nanos] would just offer his resignation and let us move on,” Supervisor Matt Heinz, who represents District 2, said at the meeting. “The only clear interference in this election was Sheriff Nanos.” 

The board did not, however, vote on a formal censure of the sheriff given concerns about the legal implications of the board taking such a step raised by Chief Civil Deputy Samuel Brown, a lawyer in the Pima County Attorney’s Office who advises the board and other county leaders. 

More on the Sheriff’s Race

Brown said the board does not have the express authority to censure another election official, and suggested it reconsider a censure after the results of an investigation were shared. “A decision to censure before an investigation seems risky,” Brown said. 

The original motion to censure and investigate Nanos was introduced in October by Heinz after Democratic incumbent Nanos placed his Republican opponent, Heather Lappin, on leave from her department job in the final weeks of the campaign, along with union leader Sgt. Aaron Cross.

Heinz requests that the board ask the Arizona Attorney General’s Office and the U.S. Attorney’s Office for the District of Arizona to investigate whether Nanos violated any state or federal laws.

Heinz said Tuesday he felt it was important, given the board’s oversight over elections in Pima County, that they highlight any concerns about election interference. 

Nanos did not attend Tuesday’s meeting. In a statement shared with Arizona Luminaria by email, Nanos denied that placing Lappin and Cross on administrative leave caused them any harm. 

“There was no suspension, no loss of pay and they were never required to stay home or not campaign,” the statement said. ”Admin Leave with Pay is a tool commonly used throughout the county so there is less disruption at the workplace while the matter is investigated.”  

Lappin said she was thankful the board was trying to hold the sheriff accountable. “This is an embarrassment to the oath we took as law enforcement officers to abuse his power in this manner,” she said in a statement to Arizona Luminaria.

Both Lappin and Cross remain on administrative leave and under a gag order that prohibits them from discussing the internal investigation of their cases, said Steve Serbalik, an attorney with AZCOPS, the Arizona Conference of Police and Sheriffs. 

“We believe that Sheriff Nanos did act inappropriately prior to the election in trying to silence the First Amendment rights of our members,” he said. “We are happy that the board of supervisors shares our concerns and we hope an investigation moves forward.”

That motion is the second time in a little over a year that the board has requested an outside party review of actions taken by Nanos. A measure passed in September 2023 called the Arizona Attorney General’s Office and/or the office of the Arizona Department of Public Safety “with respect to Sheriff Nanos’ alleged failure to conduct a timely and thorough investigation into the alleged sexual assault of a female deputy,” according to the public meeting agenda.

In September of this year, the Arizona Attorney General’s Office found no criminal wrongdoing in Nanos’ investigation into allegations that a deputy was sexually assaulted by her supervisor. However, criminal attorneys with the state office listed other possible violations of the department’s own policies during the investigation.

The Arizona Attorney General’s Office declined to comment to Arizona Luminaria on the board’s motion approved Tuesday.  

Tuesday’s motion comes as election officials continue to count ballots in some contests, including the sheriff’s race. As of Nov. 11, Nanos was leading in the race against Lappin.  

Chair Adelita Grijalva of District 5 said she was in favor of an investigation to gain more concrete information about what happened between Nanos and his political opponents in the lead up to the Nov. 5 election. 

“For me to be able to sit in any sort of judgment on another elected official, I’m going to need more information than what could be provided,” she said. 

Most of the speakers during public comment at Tuesday’s meeting raised concerns about the sheriff’s race. 

Mary Dolciame, a retired deputy, attended Tuesday’s meeting to share her concerns about the future of the office under another Nanos term. “There’ll be a lot of talent and training that’s gonna go to other agencies,” she said.

Dolciame supported Lappin for sheriff, but she had not started actively campaigning for her until she had heard Lappin had been placed on administrative leave. “She’s a good person, very honest, she’s got a good heart,” said Dociame.

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Yana Kunichoff is a reporter, documentary producer and Report For America corps member based in Tucson. She covers community resilience in Southern Arizona. Previously, she covered education for The Arizona...