Deputy reinstated with back pay after AZCOPS wins appeal

(Posted March 11, 2009)

By Mike Storie
AZCOPS Attorney

A Pima County deputy was recently reinstated after a successful appeal of his termination by AZCOPS Legal. The deputy, who was reinstated with full back pay, is the third officer who has successfully appealed his termination from the Pima County Sheriff's Office. 

Our member has been a deputy with Pima County for nine years. On Nov. 14, 2008, there was an incident at the deputy's house that resulted in the filing of three counts of domestic violence with the Pima County Attorney's Office. The Sheriff's Department did absolutely no independent review of these charges or the facts underlying the charges, and subsequently terminated our member. The basis for his termination was that he had indeed committed these criminal offenses.

During the appeal hearing, the commanders of the Sheriff's Department showed that they had absolutely no knowledge of the facts underlying this incident, nor did they have any practical knowledge of the domestic violence statutes that were being charged. It was shocking to all in attendance the degree to which these commanders were completely ignorant of the application of these domestic violence statutes.

After five days of testimony, the Commission found there was no evidence that our member committed any domestic violence offenses and reinstated him with back pay. They also determined that he, at one point during the incident, had prevented his wife from contacting 911, so they gave him a 30-day suspension for that offense.

Prior to the Department imposing this drastic discipline, AZCOPS Legal warned the Department through their representatives that this discipline was excessive, and AZCOPS intended to put up a vigorous battle before the Commission. The Sheriff's Department representatives chose to ignore these warnings and as a result AZCOPS has now successfully appealed three consecutive termination actions by the Pima County Sheriff's Department, all resulting in the deputies being reinstated with full back pay.