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    • Pima County sheriff needs to clarify political event dress code
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    Pima County sheriff needs to clarify political event dress code

    Harry Posted on

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    A federal judge on Monday told the Pima County Sheriff’s Department it must clarify its off-duty dress code after it appeared to be the primary reason a deputy was placed on leave while attending a political event opposing Sheriff Chris Nanos’ re-election bid.

    But Senior U.S. District Judge Raner Collins denied the attorney’s request for a preliminary injunction against Nanos and the department’s captain, Juan Carlos Navarro.

    Sergeant. Aaron Cross and the Arizona Police and Sheriff’s Conference filed a lawsuit After Cross was placed on administrative leave in October after participating in two protests while off duty. In the incidents, Cross was wearing tactical-style gear and clothing that the department said made him appear to be a law enforcement officer.

    Collins acknowledged that the ruling Cross tried to pose as an officer on duty by wearing his firearm, handcuffs, tactical gear and boots while campaigning against Nanos. The Democratic sheriff is running for a second term against Republican Heather Lappin. Lappin, who is also a member of parliament, faced disciplinary measures He was not a party to the lawsuit due to conduct similar to Cross.

    In his order, the judge said, “The court is of the opinion that the use of firearms, handcuffs, tactical equipment and boots was made with this intention.”

    The judge acknowledged the “seriousness” of the matter and accepted that the sheriff’s instructions were “vague and vague”. He noted that uncertainty could deter off-duty lawmakers from exercising their right to protest.

    The judge gave the defendants 24 hours to submit a statement as to what clothing an off-duty employee is prohibited from wearing while engaging in political activities, including colors and types of clothing, among other articles of clothing.

    What led to Cross being placed on administrative leave?

    Cross was seen holding a sign that read “MPs don’t want Nanos” during the political campaign on October 12. He wore clothing similar in style and color to those of on-duty deputies, but did not have a Sheriff’s Department insignia or badge, the lawsuit said.

    After the Sheriff’s Department received numerous complaints about on-duty deputies protesting against Nanos while in uniform, Navarro banned Cross from wearing the same clothes the deputies wore while on duty, according to the lawsuit.

    Cross attended another campaign event on October 14, during which he wore a gray Under Armor shirt and a khaki “BDU” or battle dress uniform and pants. Following the incident, Cross was placed on administrative leave pending the completion of an investigation into his actions.

    Lawyers argue over preliminary injunction

    During oral arguments on Monday, attorney Kevin Kristick represented Nanos and Navarro. He said Cross was not prohibited from expressing his views while off duty. However, he cannot make political speeches while appearing to be in uniform. Kristick noted that Cross’s October 14 attire of a gray shirt, khaki pants and boots was worn by deputies during operations and training.

    He argued that Cross violated the Hatch Act, which prohibits government employees from making political speeches while in uniform, even if they are off duty.

    He reiterated that Cross was allowed to attend political events provided his clothing did not create the appearance of his uniform.

    Steven Serbalik, an attorney representing Cross and the Arizona Police and Sheriff’s Conference, argued that official policy does not prohibit off-duty deputies from wearing certain colored clothing. He noted that Cross’ clothing did not contain any badges, logos or insignia associated with the Pima County Sheriff’s Department.

    “Nowhere does it say that the gray T-shirt is part of the uniform,” Serbalık said, noting that Cross was told that he was allowed to protest as long as he did not look like a member of parliament.

    “What does this mean?” Serbalik asked.

    Cross has continued to participate in political protests since the case, most recently wearing a cowboy costume on Sunday.

    Serbalık reiterated that the policy was vague and said it had gotten to the point where lawmakers could “just protest wearing a Halloween costume.”

    Speaking to journalists after the hearing, Serbalık said that Lappin was also given a disciplinary penalty. Like Cross, he is not allowed to talk about the investigation.

    “This deprives the people of Pima County of knowing the views of someone who could lead the sheriff’s department,” Serbalik said.

    Reach the reporter’s address [email protected]. The Republic’s coverage of southern Arizona is funded in part by a grant from Report for America. Support Arizona news with a tax-deductible donation: supportjournalism.azcentral.com.

    Harry
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