Notes made by Pima County Employment Rights Compliance Officer Mike Tully as part of his investigation of bullying claims against Sheriff Chris Nanos reveal that Deputy County Administrator Tom Burke used County resources to influence an election. The notes were obtained by victim, Sgt. Kevin Kubitskey, as part of a records request.
Although Tully’s report was clearly completed months ago, the County ignored Kubitskey’s records request. It wasn’t until Kubitskey filed a lawsuit to secure the documents that the County finally turned them over.
Administrative Investigation 16V-01 Case Notes Kevin Kubitskey (Sheriff’s Deputy) vs. Chris Nanos (Sheriff) – Alleged Workplace Violence (forceful touching)
On September 6, 2016 Tully noted: Report from meeting with Cory Dent, Allyn Bulzomi, Wendy Peterson: Dep. County Administrator Tom Burke requested transcripts of investigator’s notes. Per Ms. Dent, Mr. Burke admitted to Ms. Peterson that he is trying to delay the investigation until after the election.
Tully had come forward to complain of Burke’s interference after Burke rejected Tully’s finding that Nanos had bullied Kubitskey. Burke claimed that the investigation was not conducted in a neutral fashion. In a memo dated October 17, Burke wrote to Human Resources Director Allyn Bulzomi that he believed that Tully asked “leading questions” and took some statements out of context.
In an interview with KGUN 9 News reporter, Valerie Cavasos, Tully criticized Burke’s memo. He said that Burke’s “gratuitous and irresponsible and inaccurate shot” at him and the apparent effort to impugn his reputation was a “situation I can’t tolerate. I can’t sit still for that and that’s why I came forward,” Tully told Cavasos.
As for the Burke’s complaint about leading questions, Tully told Cavasos that investigators can ask them. “If a witness gives an answer that I don’t fully understand I might rephrase it and say are you trying to say this — so I’ll ask leading questions not to suggest the answer, but to understand the answer,” stated Tully.
According to Kubitskey’s lawsuit, he “has made several inquiries and public record requests, dating back to July 11, 2016, yet Pima County has produced nothing.” Kubitskey claims that on July 11, 2016, he sent Tully an “email inquiring as to the status of the report. On July 26, 2016, Tully responded that “the investigative report has been completed and “sent to the chain of command for signatures.”
In an interview on the James T. Harris show immediately after filing the lawsuit, Kubitskey’s attorney, Tim La Sota, stated the issue was not complicated and questioned why the County was taking so long to turn over the investigative report. “It should’ve been resolved and we have a right to the records that were created as a result of the investigation.” La Sota concluded, “And oh by the way there’s an election coming up, so there could be a reason they’re holding up these documents.”
It appears that LaSota was right.
Newly elected Sheriff Mark Napier stated that it was a shame that a County employee might delay action on a personnel matter in order to impact an election.
“If Mr. Tully’s allegations are true, there was clearly interference with this investigation, as well as the utilization of County resources to influence the outcome of an election,” said Supervisor Ally Miller.
Currently the Arizona Attorney General’s Office is investigating a citizen’s complaint against County Administrator Chuck Huckelberry for his alleged use of County resources in his campaign against Miller. Despite Huckelberry’s best efforts, Miller won by a large margin in the 2016 General Election.
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