Mark Napier, Pima County sheriff

Overtime payments made to Pima County Sheriffโ€™s Department employees in recent years as part of Operation Stonegarden have been disproportionately awarded to those approaching retirement and created significant additional long-term pension obligations, according to a county analysis obtained by the Arizona Daily Star.

The findings were part of a review requested by Pima County Administrator Chuck Huckelberry, who labeled Stonegarden as a โ€œfinancial detriment to local taxpayersโ€ in a memo to the Pima County Board of Supervisors sent Tuesday. He added that he โ€œcannot and will not recommendโ€ future acceptance of the grant unless itโ€™s modified by the federal agencies that oversee the program in areas close to the border.

โ€œClearly there is statistical data that supports the commonly held phrase, โ€˜employees who want to retire ask for duty in Ajo to receive Stonegarden overtime,โ€™โ€ Huckelberry wrote.

โ€œIn essence, the federal government is complicit in advancing a policy that potentially causes significantly increased long-term pension cost obligations to local governments, such as Pima County.โ€

The findings have added another layer of controversy to Pima Countyโ€™s administration of the program, which provides local governments reimbursement for border security costs. The county voted in May to modify its acceptance of the grant to use $200,000 for humanitarian aid for asylum seekers after previously voting to halt acceptance of the grant. The county has not yet received a decision regarding its humanitarian aid request.

โ€œThe federal government needs to step up to the plate and reimburse us fully so our taxpayers are not the only ones bearing the burden of federal policy,โ€ said Supervisor Sharon Bronson, a Democrat whose district includes Ajo and the U.S.-Mexico border.

Bronson added that she does not oppose county law enforcement handling border security issues, but that those missions need to be funded in a way โ€œthat is a less burden to our county taxpayers.โ€

โ€œWeโ€™re just not being justly compensated,โ€ Bronson said.

Reached by phone Tuesday morning, Sheriff Mark Napier maintained that the program has provided the department funding to address transnational crime threats, such as drug trafficking, human trafficking and humanitarian issues. He cautioned that he hadnโ€™t seen a copy of the analysis but added that itโ€™s hard to provide a dollar amount for the efforts completed through Operation Stonegarden.

โ€œThe premise here is that โ€˜this costs us that much, and therefore itโ€™s wrong.โ€™ It fails to recognize that there is value to us being up there, and there has been value to that for the more than one decade that the Board of Supervisors and Mr. Huckelberry have approved this grant.โ€

Operation Stonegarden was established to provide grants to state, local and tribal law enforcement to aid the federal government with border security. Pima County has received 44 grants in the last 12 years worth nearly $16.5 million, with roughly $10.5 million of that earmarked for overtime, mileage or travel and the rest for equipment, according to county documents.

The countyโ€™s analysis looked at overtime funding for Sheriffโ€™s Department employees since the program began tracking specific allotments in December 2014. It did not include a period between November 2017 and April 2018 when the Board of Supervisors voted to halt accepting the grant.

The review found that 215 sheriffโ€™s employees โ€” 77% of which were deputy sheriffs โ€” received $2.3 million in overtime costs associated with Stonegarden missions during the period, compared to $2.1 million they received for non-Stonegarden overtime during the same time frame.

The top 25 employees who received Stonegarden overtime funding had an average age of 44 and average length of service of 18 years, implying that almost all are approaching retirement eligibility.

In terms of the employees who are tasked with Stonegarden duty, Napier said thatโ€™s handled on a volunteer basis and the specific missions are dependent on evolving border needs.

He said there are a disproportionate number of older deputies working the overtime because โ€œmillennials are less inclined to work extraโ€ because of where they are in their careers.

โ€œI think thatโ€™s part of the reason that you see more veteran officers working the additional overtime is because theyโ€™re at a different place in their careers,โ€ Napier said. โ€œThey perhaps have children, mortgages, etc., that some of the younger officers may not have.โ€

To evaluate the pension costs, the county used a sample of seven deputies, one lieutenant, and three sergeants, who had either retired or were approaching retirement.

They received $431,000 in Stonegarden overtime since December 2014, which equated to $2.4 million in additional retirement, meaning for every $1 of Stonegarden overtime, it resulted in $6 in pension liability costs.

The analysis also found that the countyโ€™s Public Safety Personnel Retirement System contributions increased 65% from $13.3 million to $21.9 million during the same timeframe.

In an interview, Huckelberry said it confirmed a long-held โ€œinkling that funding overtime, particularly Operation Stonegarden, was a contributor to our excess pension obligation costs.โ€

He said he plans to send a letter containing the memo to the members of the Arizonaโ€™s congressional delegation.

โ€œIn the memo, he recommended the Board of Supervisors not accept the grant, unless the federal government agrees to modify it, including such action as allowing local governments to do what they wish with the money. That includes earmarking the funding for indirect costs, or specifically hiring some deputies to focus on border security issues.

โ€œIf the federal government desires to purchase local law enforcement services, they can do that in a manner which is less costly for them and more fiscally prudent for local governments,โ€ Huckelberry said.

A Department of Homeland Security spokesperson did not immediately respond to a request for comment.

County supervisorsโ€™ reaction to the analysis ranged from questioning whether to accept the grant, to labeling the analysis as โ€œpolitical.โ€

Republican Steve Christy, who represents District 4, said it โ€œseems thereโ€™s a lot of politics involved in thisโ€ and that to label it as a โ€œwasted expenseโ€ is irresponsible.

He added that the Stonegarden grant also provides critical equipment funding to the Sheriffโ€™s Department, and that heโ€™s spoken with Napier and is confident that he is developing a plan to address any issues.

โ€œI still believe the Stonegarden grants have tremendous value and are needed in our community and Iโ€™ll continue to support Sheriff Napier.โ€

Richard Elรญas, a Democrat who represents District 5, said he would advocate for not receiving the grant at all, and that the county should scrutinize similar grants in the future that only provide funding in overtime.

โ€œWe might find theyโ€™re less effective and more costly than we previously thought,โ€ Elรญas said.

Napier said it would be a โ€œsignificant errorโ€ if the county votes to stop the grant.

โ€œWeโ€™re the largest border county in the United States,โ€ the Republican sheriff said.

โ€œTo think we would walk away from this, apparently stating there is no public safety value in having it, I cannot concur with that. I do understand that there is a fiscal impact. But to suggest there is no benefit is simply flawed.โ€


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Contact reporter Justin Sayers at jsayers1@tucson.com or 573-4192.