Arizona Attorney General Mark Brunovich is suing former 7th-term Santa Cruz County Sheriff Tony Estrada and former Chief of Staff, seeking to recover approximately $200,000.
But lawyers representing Estrada and his former deputy commander called the allegations stemming from the Arizona State Comptroller General’s report “ridiculous,” and county officials have been saying for years. He said he was aware of the practice and approved of it.
Attorney Douglas Clark Jr. told the Associated Press on Thursday:
The lawsuit, which was filed in Maricopa County Superior Court on Wednesday, is based on provisions of the Arizona Extortion Act, as well as payments Estrada and his top attorneys authorized between June 2013 and September 2018. I am seeking triple damages. This could result in approximately $600,000 in damages and fines.
The civil lawsuit alleges that Estrada and his former chief of staff are claiming one hour of overtime for each shift worked as compensation for agents given special duties, such as acting as training officers. The county oversight board did not allow Estrada to pay the additional salary. bottom.
Estrada confirmed to auditors that the practice began in 2000, but the auditor’s review only covered payments totaling $196,842 over a five-year period. That money was paid to 77 different employees who collectively made him claim more than 7,200 hours of overtime.
Estrada, 77, retired late last year after serving as a border county sheriff for 30 years. He is known for his outspoken liberal views in a state where sheriffs are often known for being politically conservative.
In a brief interview on Thursday, Estrada said he was disappointed that the Attorney General had sued, but left the questions to his attorneys. He denied that he was profiting from the law and confirmed that he believed the county did not provide enough funding to law enforcement.
“The only person who profited from it was the Santa Cruz County Public Safety Department,” Estrada said.
Clarke, Estrada’s attorney, said much the same thing on Thursday and said he could prove it.
“Everybody knew about it and approved of it,” Clark said. “And there’s an affidavit to that effect from the previous county manager. And there’s no doubt they did nothing under the board. They never personally made a profit.” .”
In the lawsuit, the Attorney General ordered Estrada to allow agents assigned as field training officers, communications training officers, corporals or shift leaders to claim one hour of overtime for each day they worked. I explained the outline of my plan. Additionally, after the Board of Supervisors refused to allow him to fill the Lieutenant post in 2016, Estrada promoted Sgt.
A lieutenant who served from February 2016 until his retirement in March 2018 collected $14,840 in unpaid overtime.
Also named in the lawsuit is former Capt. Ruben Fuentes, who, according to the lawsuit and audit report, was aware of the plan. Clark also represents Fuentes.
According to the audit report, the county mayor learned in an October 2018 email to Estrada that the sheriff’s office was paying employees for overtime, that such conduct was not permitted and that the county immediately took action. He said he told him to stop.
The next day, the chief of staff emailed Estrada and other top leaders of the sheriff’s office, according to the report, saying, “The sheriff is asking us to proceed as normal until he gives us other instructions. The auditor said the mayor stopped practicing the following week.
Clark said current county manager Jennifer St. John was aware of the practice, despite what the lawsuit and audit report said.
“She knew it,” Clark said. “She knew what was going on. To say she didn’t know what was going on is ridiculous.”
Saint John did not immediately respond to a call for comment Thursday afternoon. However, her auditor’s summary report states that she was unaware of the premium pay practice, and two former county administrators also paid her overtime in her affidavit. He said he didn’t know he was there.
“Finally, all three Supervisory Board members, who had been in county service for 30 years as of February 2019, believed they were fraudulent or were unaware of these overtime payments, We reported that the officials had never mentioned them,” the report said.
Ryan Anderson, a spokesman for Arizona Attorney General Mark Brunovich, would not comment beyond the content of the lawsuit or say whether criminal charges are being considered against Estrada or Fuentes.
Contributed by Associated Press reporter Jack Billow.
