Commissioners mull audit of Doña Ana County sheriff

LAS CRUCES — Doña Ana County commissioners discussed an external audit of the sheriff’s office Tuesday, prompted by ongoing disputes between Sheriff Kim Stewart and county government over commissioning deputies and other duties.

Commission Chairman Christopher Schaljo-Hernandez recommended the audit following a presentation by acting county attorney Cari Neill about recent litigation involving Stewart.

According to court records, the sheriff suggested in an internal email that she would not commission 14 cadets who graduated from the sheriff’s office academy on Feb. 13, and might give up commissioning deputies altogether.

A court petition filed by the county stated that Stewart had recently been informed she did not have the power to decommission or demote employees, including deputies, because of the county’s merit-based personnel system. Neill told commissioners Stewart intended to decommission a major and a captain under her command, which would mean they could no longer serve as law enforcement officers.

“(It) begs the question of why do I commission at all and I am thinking of giving that practice up,” Stewart wrote in a Feb. 11 email to staff. The correspondence was attached to a court petition asking a judge to order Stewart to commission the deputies, in the interest of public safety. District Judge James Martin issued a writ of mandamus directing Stewart to commission the graduates on Feb. 14, and Stewart appeared to comply, Neill told the commissioners, although she had yet to see the required notices of appointment.

Stewart wrote a lengthy social media post on Feb. 15 outlining her complaints about the county’s human resources department. Neill said she offered to mediate the dispute but “after multiple requests, I was told the sheriff would not meet with anyone from county management,” Neill said.

“What appears to me to be happening is misdirection, smoke screens, confusion and deflection,” Neill continued while defending the county’s responsibility to evaluate candidates for “one of the most stressful, strenuous, dangerous jobs” and assure that elected sheriffs follow the law.

Stewart, a Democrat, was elected to a second four-year term as sheriff in 2022. Democrats also comprise the entire board of commissioners.

The District Attorney’s Office took Stewart to court twice in 2022 over the sheriff’s alleged refusal to serve subpoenas and alleged noncooperation with prosecutors. Neill also noted several lawsuits filed by former employees alleging they had been punished by Stewart for reporting issues with their working conditions and Stewart’s conduct. Another pending lawsuit alleges the sheriff’s office had violated the state’s public records law.

“Maybe it is time that we did an external audit and we kind of see what is going on, and where the deficiencies are and what we can do to help the sheriff and help the department,” Schaljo-Hernandez said.

At least one other commissioner, Susana Chaparro, a former county magistrate judge, voiced support for an audit, which would require action at a future meeting.

Other commissioners were more muted.

“We need to stop and just back up for a second,” Commissioner Shannon Reynolds said, suggesting commissioners risked allowing previous experiences with the sheriff to affect their judgment.

Stewart did not attend the meeting but issued a news release later in the day welcoming an audit, provided it “be extended to include human resources and the legal department.”

Stewart also said the sheriff’s office “should be given the opportunity to collectively agree on a fair and unbiased external auditor.”