Greenlee County Sheriff Tim Sumner wants Greenlee County’s complaint against BOS heard in Apache County, and the BOS is moving to seek his dismissal.
John Johnson
john johnson news@gmail.com
Clifton – If whiskey is for drinking and water is for fighting (Mark Twain?), what is Greenlee County Sheriff Tim Sumner arguing with the Greenlee County Board of Supervisors?
The reasons are long and complicated, but basically, Sheriff Sumner seems to think he can run his department autonomously from oversight by the oversight board, and the board doesn’t know what to do about his office. The Greenlee County Board of Supervisors disagreed, and it looks like the issue will be resolved by a Maricopa County Superior Court judge. But where is it resolved?
Earlier, Sheriff Sumner began bringing police cars into Safford for service instead of the Greenlee County Fleet Department servicing the cars as usual. This came after the public release of a speeding record recorded by Sheriff Sumner’s patrol GPS system. Meanwhile, Sumner wants his GPS system out of his police car, which county officials speculate is one of the reasons he’s there.
When Sumner’s demands for money (including those against his own IT department) were denied by BOS, Sumner threatened legal action, claiming he had the power to determine the amount his department needed financially. said.
At the time, county administrator Derek Rapier said the county would not yield to Sumner’s demands.
“There are checks and balances, audits, and responsibilities given to different parts of county government,” Rapier said.
In cases that may involve elected sheriffs and elected members of the Greenlee County Board of Supervisors, both parties have hired outside counsel to manage the case.
Sheriff Sumner is represented by the law firm of Moyes, Sellers & Hendricks, attorneys Joshua T. Greer and Nicholas J. Walter represent the case, and BOS is represented by Jones, Skelton & Hochuli PLC and attorney Georgia A. Staton and Justin M. Ackerman in charge of the case. Funding from the county’s General Fund goes to both sets of attorneys, both from Phoenix.
In Sumner’s complaint for declaratory judgment, he cites ARS 11-444 sheriff’s costs as a county expense. expense fund. The decree states:
A. The sheriff shall be allowed the actual and necessary costs incurred by the sheriff to pursue criminals, to process all civil or criminal business, and to process all proceedings and notices. , such costs shall be at the expense of the County, except where permitted. The cost of service of service in a civil action shall be as set forth in Section 11-445.
B. The board shall, at the first regular meeting of each month, establish an amount from the county expense fund sufficient to pay the estimated travel and other expenses of the sheriff for that month. I paid for the previous month. Amounts so set shall be paid to the Sheriff for payment of such costs.
C. At the end of each month, the Sheriff shall prepare a complete and accurate account of such expenses and any unused balance shall be paid by the Sheriff to the County Treasury Department. If the amount so paid is insufficient to cover the expenses incurred for the month, the overage shall be allowed and paid as a miscellaneous claim to the County.
However, this law was initiated early in the state’s formation, and counties are regulated with more sophisticated modern financing. Sumner mistakenly believes that the law allows him to carry out any spending he wants without oversight or financial checks and balances.
The filing also reports that Sumner “requested the board to decide in his favor” and filed a motion to change the forum to Apache County. Greenlee BOS responded that Greenlee County was the appropriate place for ruling and that Apache County was not “most convenient for the parties,” and that it would move to Graham County if venue were to be changed.
Greenlee BOS’ response cites previous court rulings that the commission’s decision as to which county costs are necessary or unnecessary is a legislative decision without court interference. (See Homebuilders Ass’n Cent.Arizona vs Scottsdale City, 187 Arizona 479, 481 (1997). And it is also a political issue that is not subject to court interference.See Puente v. Arizona Legislature521 P.3d 1007, 1012 (2022).
BOS said it responded fully to Sumner’s complaint and requested that the matter be dismissed. What happens next is at the discretion of the conflict judges.
Both Sumner and BOS requested attorneys’ fees from the other side, but both attorneys are paid by the county’s general fund, the taxpayer.
Sumner was re-elected out of four in 2020, receiving just 36% of the overall vote. Sumner (1,333 votes) narrowly defeated Greenlee County Attorney’s Office investigator Eric Ellison (1,203 votes) by 130 votes behind him, while former sheriffs Larry Avila (827 votes) and Jaime Aguilar (309 votes) won the vote. divided, allowing Sumner to remain in the position. .
