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TUCSON, Ariz. (13 News) – The Pima County Board of Supervisors will decide Tuesday, May 12, whether to start a process that could lead to disciplinary action against Pima County Sheriff Chris Nanos, up to and including removing Nanos from his position.
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The possibility stems from a specific statute in the state’s constitution. The board is examining the timeliness of Nanos’ responses to the board’s questions surrounding several matters including his previous work history.
Those can be read below.
Sheriff Chris Nanos response to Board of Supervisors by KOLD News 13
Ward Two Supervisor Matt Heinz, who put the items on Tuesday’s agenda, said that while removal is one possible action the board can take, it may not be likely.
“That doesn’t mean it’s going to happen again, this would be the first time in Arizona history,” Heinz said.
The possibility for the board to remove Nanos from his position stems from statute ARS 11-253A, where the board required Nanos to respond to questions surrounding his past.
“We got responses, 22 pages unsworn from the Sheriff. That’s what was submitted as of the deadline,” Heinz said.
The key word is unsworn. Heinz said it was a requirement for those responses to be under oath.
That will be the first topic the board will address in their executive session Tuesday morning.
“Number one, looking at the responses that Sheriff Nanos provided, do they comply with the requirements set forth in statute?” Heinz said.
Because Heinz believes the response doesn’t meet those requirements, the board has the ability to vote in the evening public session to vacate the Pima County Sheriff office.
But that’s just one possibility.
“There are other things other than remove them or not remove them,” Heinz said.
According to Heinz, after the deadline, Nanos’ lawyers submitted the notarized statement, which leads to another question.
“Can we or should we accept that additional material?” Heinz said.
If they decide to accept it in executive session, it creates another possible outcome.
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“If we do, then we have to decide, did he commit perjury? We may not have to decide it all like on the 12th,” Heinz said.
Heinz alleges Nanos’ responses contained lies, which would be perjury under oath and the board could decide to recommend the case to the Pima County Attorney’s Office for possible criminal charges.
A decision on recommendation of criminal charges can be discussed but may not be voted on Tuesday.
The board can also decide not to take action against Nanos at all, but rather make a recommendation.
“If we don’t remove him from office, I suspect there will be a discussion of adopting a resolution, perhaps, you know, a strong, strongly worded statement to encourage him to step down,” Heinz said.
While Heinz said he would like the board to take action to remove Nanos, it may be a stretch for it to happen Tuesday.
“We do have some oversight authority, but very limited ability to remove an independently elected official. I don’t know that the board is there,” Heinz said.
A Pima County Sheriff’s Department official said the department will wait for any decision to be made before commenting on the matter.
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