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If not the next sheriff, who’ll make the call if embattled drug unit needs discipline?
The next Pierce County sheriff likely won’t be the person deciding whether to discipline members of a drug unit being investigated for writing fake police reports and other policy violations.
Voters will decide Nov. 3 whether Ed Troyer or Cynthia Fajardo will lead the department, but both candidates agree it’s a conflict of interest for either of them to control the outcome of the internal investigation.
Five members of the unit, including Lt. Fajardo, are subjects of an internal investigation that led to the drug unit being disbanded in April.
The Kitsap County Sheriff’s Office did an internal investigation and found Fajardo, Sgt. Chris Adamson, Sgt. Tommie Nicodemus, detective Ryan Olivarez and detective Shaun Darby possibly violated department policies and procedures.
The first three are accused of creating fake police reports, inappropriately managing informants and not disclosing use of force during an arrest.
Darby is alleged to have inappropriately advised a suspect of his rights and violated policies related to confidential informants.
The alleged wrongdoing landed 10 members of the drug unit on the prosecutors’ “potential impeachment recurring witness list,” which means information that calls into question their credibility must be turned over to defense attorneys.
Last month, nine of the Special Investigation Unit members filed $1.5 million claims against Prosecuting Attorney Mary Robnett, former Sheriff Paul Pastor, acting-Sheriff Brent Bomkamp, sheriff’s chief of staff Mike Blair, deputy prosecuting attorneys James Schacht and Fred Wist, and prosecutor’s investigator Keith Barnes.
After Kitsap County investigators conducted interviews with 27 people, they produced a 461-page summary advising which policies they believe each of the five drug unit members violated.
Now, two members of the Clark County Sheriff’s Office are reviewing the report to determine whether members of the Special Investigation Unit did indeed violate policies.
Findings are not expected before the election.
Recognizing that a conflict could be looming for the next sheriff to dole out discipline in the matter, Pierce County sheriff’s officials are coming up with contingency plans to present to the new sheriff when they take office.
“It is of prime importance that the sitting sheriff at the time the case is ready for final action is apprised of all that person’s options,” Blair said. “The sheriff is an independently elected official and will then have to make the call as to how the investigation resolves. That responsibility comes with the office.”
Both Troyer and Fajardo said they recognize the conflict and would recuse themselves if elected.
“I would have it bypass me and go straight to the County Executive’s office,” Troyer said.
Fajardo said she has a plan but declined to reveal it, saying it would first require agreement from the union and SIU members being investigated.
“Regardless of who wins the election, I believe the process I have in mind would work for either one of us,” she said.
County officials are researching whether discipline would be possible for Fajardo if she went from being a sheriff’s employee to an elected official.
“That is an interesting question to which there is little precedence,” Blair said. “Individually elected politicians are not immune to consequences for misconduct. At this point, the Office would rather not speculate on this point publicly.”
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