Critics: Pinal County Sheriff Paul Babeu wasting taxpayer money investigating own workers

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Copyright 2012 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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Posted: 05/23/2012

Kaye Dickson accomplished a great deal in her 28-year career with the Pinal County Sheriff’s Office, before being sidelined over allegations she still doesn't understand.

Dickson, a mother of two, worked her way up from dispatcher to acting captain. Her awards include a Medal of Distinction and Investigator of the Year. She has worked in corrections, patrol and even hostage negotiation.

So why did this highly-decorated woman spend more than a year sitting at home?

Administrative Leave with Pay

“They put me on administrative leave with pay. It’s like house arrest. You hear people talking about it, ‘Well, I wish I could have administrative leave with pay. Just sit home all day and get paid”, said Dickson.  “It is extremely stressful to you and your family.”

In 2009, Dickson was put on administrative leave with pay while she was under investigation.

She was never officially charged with anything, but a press release on Pinal County Sheriff’s Office website states that she was put on leave “after a complaint was filed involving allegations of possible criminal wrongdoing as well as internal policy violations.”

Dickson said her case is just one example of Sheriff Paul Babeu unfairly disciplining employees and wasting taxpayer money.

“Can you give me papers to shred? Can you not give me envelopes to stamp? Can you not give me something to do?” said Dickson.

Merit Commission

County policy states that whenever a sheriff's office employee is disciplined or fired, the employee can appeal the decision to a board called the Merit Commission.

 “You can't just trump up charges on them and that's one of the things we looked at,” said Joe Robison who sits on the county’s Merit Commission. “I would say they were exaggerated.”

Robison is a critic of Babeu and his office. His term on the Merit Commission ended March 26, 2012, but the board asked him to stay on until a replacement is found.

Rise in Cases

The ABC15 Investigators reviewed records that show the bi-partisan commission has overturned more than 60 percent of the cases initiated by Babeu since he took office in 2009.

“The first year I was on the commission, Sheriff Vasquez was the sheriff and we didn't have any cases,” said Robison. Today, county records show there are about 20 cases.

Records also show Babeu is currently trying to fire three employees. They are all on paid leave.

In a bi-partisan vote, the Merit Commission reversed the three terminations. But, Babeu still won't let those employees work. The sheriff said he will appeal all the reversals in court. 

Taxpayer Funds

This year alone, administrative leave cases cost Pinal County taxpayers $270,000 in salaries and an expected $450,000 in court costs.

And earlier this year, Babeu had a $1.6 million dollar deficit. He asked the county Board of Supervisors for money to help close the gap.

“I am thinking the whole time you are investigating me for misuse of county funds but I am sitting here getting paid a very reasonable salary to do nothing. Who is misusing county funds?” asked Dickson.

Retaliation?

Dickson said she spoke out about discipline she considered unfair and other issues. “I couldn't work there and say nothing when things were going on that were inappropriate,” she said.

After she spoke out, Babeu launched an internal investigation of Dickson while she was on vacation. Dickson says she found out when her family saw it on the news.

Babeu asked the Maricopa County Sheriff's Office to conduct a criminal investigation of Dickson.

When that investigation turned up nothing, Babeu hired a private investigator at Investigative Research, Inc. The investigations into Dickson took more than a year.

“I can't think of a reasonable explanation why it would take 13 months to investigate me. I'd like to know how long they took to investigate the last homicide,” said Dickson.

Threat of a Lawsuit

Dickson was cleared of any wrongdoing. But that decision came after she threatened to file a lawsuit.

Dickson dropped the case. She says it wasn’t about the money.

“I've been with the county for 28 years. I grew up there,” said Dickson. “The county does not have a surplus of money sitting around.”

Dickson was offered her job back at the sheriff’s office, but she left to run Pinal County Animal Care and Control. 

“Somebody needed to stand up to him [Babeu]. To let him know it was not okay. You cannot do this to people and get away with it,” said Dickson.

The sheriff's office turned down our requests for an on-camera interview.

In a statement, a spokesman said the sheriff’s office owed it to citizens to fully investigate Dickson. They also accused the bi-partisan Merit Commission of being "political" against their office.

PCSO Response

PSCO issued the following response to questions pertaining to the Merit Commission and the investigation into Kaye Dickson:

The Pinal County Merit Commission until recently was led by Mr. Joe Robison who is the head of the Democratic Party for Pinal County. He was appointed to the commission

by the Chairman of the Board of Supervisors, Pete Rios. Both Mr. Robison and Mr. Rios have publically [sic] stated their displeasure with Sheriff Babeu. The Pinal County Sheriff’s Office has asked that Mr. Robison recuse himself from the board because he is biased against our office and can’t be fair and impartial. See the attached requests as examples authored by the Pinal County Attorney’s Office.

Many of the prior employees who were terminated for offenses they committed during the course of their official law enforcement duties included theft, lying, and other offenses which violate public trust.

The merit commission has reversed decisions made by our office to terminate these individuals employment saying these are not valid reasons. When the merit commission overturns the termination of an employee, we have on several occasions appealed the decision to Superior Court. As you can see by the attached rulings the court has sided with us and upheld the termination and ordered the employee to reimburse the County for any back pay they received. In fact the courts have said “The Merit Commission’s findings were not supported by substantial evidence. To the contrary, it almost appears the Commission has been previously reversed by the Court of Appeals in Pinal County Merit System recognized that if it determined the evidence supported the charges that some form of disciplinary action not otherwise prohibited was warranted, and therefore simply determine there were no facts sufficient in the record justifying the actions. That was an abuse of discretion, capricious and arbitrary.”

Had these same employees who were terminated committed these offenses at any other law enforcement agency, their terminations would have been upheld by a Merit Commission as those who lie or commit crimes cannot maintain jobs in public safety. Unfortunately, the Pinal County Merit Commission uses these hearings as a political tool against our office. The end result is a waste of Pinal County tax payers money and our staffs resources as we have to wait for the Superior Court to overturn the Merit Commissions rulings.

Pinal County Rule 12 – Disciplinary Actions and Administrative Suspension Policy – Administrative suspension as stated in Pinal County policy 12.1 is a “non-disciplinary” action. Employees who are faced with allegations of a felony crime or other crimes involving moral turpitude or a serious nature, or in cases where it is deemed to be in the best interest of the County while an inquiry is being made into the conduct of the employee maybe placed on administrative suspension.

The administrative suspension has to be approved by the County Manager or his designee based on the facts of the allegation. Any administrative suspension longer than 30 days must be approved by the County Manager and the Elected Official.

Lieutenant Kaye Dickson at the time the allegations were made against her was a member of the Pinal County Sheriff’s Office Command Staff. The allegation was made to the Pinal County Human Resources Division claiming Lieutenant Dickson had created a “hostile work environment.” It also claimed that she had misused personnel under her supervisions which cost taxpayers money.

A criminal investigation regarding these allegations was completed by the Maricopa County Sheriff’s Office. They did not find any sufficient basis for criminal charges.

After the criminal investigation was completed, an internal investigation was completed by “Investigative Research, Inc.” out of Phoenix. This firm is used by many law enforcement agencies to conduct in-depth investigations.

The process of first conducting a criminal investigation and then conducting an internal investigation is the practice used by most law enforcement agencies throughout Arizona.

Lieutenant Dickson was cleared of any serious wrong doing. A separate criminal investigation against a former Pinal County Sheriff’s Office employee was initiated as a result of this investigation.

Following the internal investigation, Babeu stated, “I have made a commitment to run a transparent and professional organization. We owe it to the citizens of Pinal County to complete thorough investigations when allegations involving wrongdoing are made against any of my employees. Public trust is not something that is given but rather earned through years of hard work. I welcome Lieutenant Dickson and her years of experience back to work. She will be returning to patrol duties as she had requested prior to the start of this investigation.”

Copyright 2012 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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