Just a week before the upcoming Republican primary, Cochise County Sheriff candidate Bill Cloud filed five election complaints with County officials, calling for an investigation of “ctions by or on behalf of the Larry Dever for Sheriff of Cochise County campaign.”

The complaints, dated August 25, were addressed to Tom Schelling, Director of the Cochise County Elections & Special Districts department. Cloud believes Dever’s reelection campaign may have violated State, County and Sheriff’s Office regulations and policies.

Copies of the complaints were also sent to County Attorney Ed Rheinheimer, the Arizona Attorney General, and other officials.

Rheinheimer confirmed the County is reviewing the correspondence received from Cloud, but due to the number of documents Cloud submitted in support of the complaints, Rheinheimer would not estimate when a response will be available.

The Primary Election will be held Tuesday, September 2.

Three of Cloud’s complaints concern a Letter to the Editor published in the Sierra Vista Herald, the Tombstone News, and the Bisbee Observer. The letter was signed by nine high-ranking members of the Sheriff’s Office, including three Command officers who are appointed to their jobs by the Sheriff.  (One of the Command officers recently retired.)

According to Cloud’s complaints, “through informal interviews information has been received that the letter in question may have been produced on Cochise County computers, that the letter was hand carried during working hours to have individuals sign... that individuals who balked at signing were given implied threats to their positions.’ that the Cochise County email system was used to transmit the letter.” 

The complaints also allege a review of the Cochise County’s email system, the Larry Dever campaign email system, and Dever’s personal email account will contain evidence Dever’s campaign “was involved in the production and distribution of the letter.”

Because Command officers can be removed from their positions for any reason, Cloud wants an independent counsel appointed to investigate whether Dever or his supporters intimidated employees into signing the letter and supporting Dever’s campaign.    

Concerns about intimidation are unfounded, according to one of the six lieutenants who signed the letter.  Thad Smith, a long-time employee who oversees the Sierra Vista district, says he felt “absolutely no pressure” to sign the letter or to lend his support Dever’s reelection efforts.

Some lieutenants did not sign the letter, which urges Dever’s reelection and highlights several accomplishments during his three terms as Sheriff.

When contacted about the complaints, Dever said Cloud’s claims that employees produced and signed the letter to the editor as “anything other than a sincere expression of support are totally without foundation.” Dever welcomed a complete investigation of Cloud’s claims and hopes “this election will be settled on the basis of issues related to law enforcement.”

Cloud’s fourth complaint involves the posting of an analysis of an employee survey on the County’s official website.  The survey was developed with the help of Cochise College, which in early 2007 tabulated the official survey results and presented them to the Sheriff’s Office.

Nearly a year later, according to Cloud, an ‘analysis’ of the survey was posted on the County’s website. This occurred, claims Cloud, shortly after he filed candidacy papers to challenge Dever.  At the same time, Dever submitted the analysis to the Sierra Vista Herald which published it as a Letter to the Editor.

Cloud stated in the complaint that the timing of the unscientific analysis -prepared by Dever’s staff- appears to have been “for the purposes of promoting campaign material” and thus using the County’s website was an improper form of campaign advertising directly benefiting Dever’s reelection effort. 

Cloud’s fifth complaint addressed whether Dever violated provisions of ARS 38-296 which regulates campaign efforts by incumbents. The validity of Dever’s  nominating petitions, campaign contributions, and expenditure of campaign monies could come under question if Cloud’s complaint is substantiated by Elections Department officials.  

In reply to Cloud’s concern about election protocol, Dever stated “I have no knowledge or information that would lead me to believe this (violation) occurred,  intentionally or otherwise. I am certain the appropriate authority will review these claims and arrive at the same conclusion.”

Cloud also submitted a separate complaint to the US Office of Special Counsel to determine if Dever’s campaign activities violated the federal Hatch Act. Because Cochise County receives some federal grant money, the County and County employees can be subject to federal elections rules. 

The winner of the Republican primary will face former Cochise County Undersheriff Norman Bradley in the General Election on November 4.