Pima County Sergeant’s Demotion Deemed Unlawful, Board Reveals

A Pima County law enforcement review board has determined that the demotion of a Sheriff’s Department sergeant in January did not adhere to county guidelines.

Sheriff Mark Napier demoted Terry Parish from lieutenant to sergeant on Jan. 1, citing a failed probationary period.

Although Parish’s demotion stems from probation failure, Pima County Law Enforcement Merit System rules normally allow for appeals only in cases of suspensions and terminations. The demotion timing led to ambiguity in the due process.

After extensive testimonies spanning two days, the Merit Commission concluded it had authority over Parish’s appeal due to unclear language related to demotion dates in the system’s rules.

“Holding jurisdictional hearings is rare but not uncommon,” said commission chairwoman Georgia Brousseau during the April 10 meeting.

The Merit Commission decided to review Parish’s case because of the unique timing, which coincided with a contentious election for Pima County sheriff, raising doubts about procedural adherence.

“For the first time in 37 years, the Sheriff’s Department administration has changed,” said Brousseau. “Actions taken early in the new sheriff’s tenure are under scrutiny.”

Parish’s attorney, Mike Storie, contends the demotion was retaliation for Parish’s support of former Sheriff Chris Nanos. Nanos lost to Napier in the recent election.

Storie argues that the Sheriff’s Department breached a Merit System rule that mandates demotions be processed at the start of a pay period. Parish was demoted on the first day of Napier’s tenure, making the pay reduction effective immediately.

Parish testified that a rule added last year specifies his demotion should have taken effect at the start of the next pay period on Jan. 8.

Parish’s probation period ended on Jan. 3. Thus, any demotion decision had to occur before that date. Since the pay reduction was technically effective Jan. 8, five days post-probation, the Merit Commission’s attorney, Barry Corey, stated that Parish passed his probation.

Corey noted that if an employee off probation is to be demoted, the department must issue a notice of intent and hold a hearing. This would necessitate reinstating Parish as a lieutenant and granting back pay before proceeding.

The Sheriff’s Department now faces a choice on how to proceed. If Parish is not reinstated, a further hearing will be set. If he is reinstated, the commission’s involvement ends, Corey explained.

Sheriff Napier defended the demotion as a collective decision involving department commanders and reviewed by Pima County Human Resources and legal teams. However, he acknowledged the unclear rules created doubt favoring Parish.

The Sheriff’s Department is currently consulting with legal advisors and the Human Resources Department to determine the next steps, stated Napier.

Contact reporter Caitlin Schmidt at cschmidt@tucson.com or 573-4191. Twitter: @caitlinschmidt