Apache County War
North vs. South: Intensity of battle among officials increasing

By Kathy Helms
Diné Bureau

Brian Hounshell

ST. JOHNS — Apache County Sheriff Brian Hounshell has lost an intergovernmental relations liaison position and $50,000 to County Attorney Criss Candelaria's office, but not without heated discussion from both sides in a continuing North vs. South battle for services.

Last week, Apache County Board of Supervisors voted 2-1 to make a lateral transfer of Johnny Guthrie, Intergovernmental Relations Liaison at the sheriff's office, to Deputy County Attorney III in the county attorney's office. "They left me with half the salary in my budget but refused to let me hire someone to take that man's place," Hounshell said after the meeting.

He criticized Supervisor Tom White Jr., who voted for the change along with Supervisor David Brown, while Chairman Jim Claw, District 1, cast the dissenting vote. White, a Navajo Nation Council delegate, and Claw of Chinle, both represent the northern portion of the county.

"For some reason, Tom White will not step up to the plate and protect the rights of those people in northern Apache County to be allowed equal law enforcement. He continues to let the county government in St. Johns whittle away at me," Hounshell said.

"I was confused when half of the funding was left in my budget and Supervisor White refused to make a motion to establish an administrative sergeant position in my office." Hounshell told White it was essential to have the position reclassified. "It's clearly visible that Tom White and David Brown are failing to uphold their obligation to provide equal services to this county."

'Old news'
Hounshell said, "I am sick and tired of (County Manager) Delwin Wengert telling people that my budget has increased 120 percent over six years, because it's old news. Come up with something new, because he's right. That 120 percent I put on the reservation where it is deserved and I'm going to continue to hire people whether he likes it or not.

"He continues to ridicule me and make comments that I'm a 'runaway train,' that I'm going to bankrupt the county if I continue to hire people up north. I will not stop the services to the Navajo people or the people in southern Apache County."

Hounshell said that in the early budget process, everybody was asked to cut back 5 percent-plus in their budgets. "I did that to help the county out, but I did it under criticism because my budget has climbed so high over the last six years. And the reason it's climbed so high is because I've staffed Navajoland with deputies, so that criticism just won't go away.

"Then they asked for an additional $50,000 out of my jail district, which they took, which wasn't there to take. That was the taxpayers' money that was in there to help run the jail that they took for the General Fund. Now, they're trying to do policy changes on me.

"There's no fence to ride on when someone needs help. Somebody better start stepping up because if we're not careful they're going to continue to whittle away and before long it's going to be like it was six years ago," the sheriff said, referring to when it was relatively unheard of to see Apache County deputies patrolling that portion of Navajoland that lies within the county.

When Hounshell came to office, there were six positions in the north. Now there are 18, along with an estimated 20 officers in the south end of the county. "All I've done is equalize things. That's all I've tried to do. ... Every single elected official goes out there and tries to get the support of the constituents they want to serve and I did that. In return for that, I provide the services I promised them I would do," he said.

Unbiased opinion
During last week's meeting, County Manager Wengert said of the reclassification, "We wanted to be fair to the sheriff's department and all others. We went out and hired a professional HR (Human Resources) director outside this county so we could get an unbiased opinion on several issues.

"And one of the issues we received a recommendation on was the position in the sheriff's department, the intergovernmental relations liaison," Wengert said. He read a statement from the HR director which stated that he did not believe the position belongs in the sheriff's department, and that the sheriff, the constable and their deputies are prohibited from practicing law or forming a partnership with an attorney at law.

"The employment of an attorney at the sheriff's department under the supervision of the sheriff or his direct staff certainly gives the appearance of the formation of a partnership. Article 7 provides that it is the duty of the county attorney to be required to give a written opinion to county officers on matters relating to the duties of their offices.

"The taxpayers of Apache County should not have to bear the expense of supporting this position when by statute it is the duty of the office of the county attorney to provide this service," Wengert read.

Hounshell told Supervisors, "Board members, we have never practiced law; not once, zero, never."

Candelaria charged that liaison Guthrie has not provided any policy advice while working at the sheriff's office. "He was simply relegated to his office to do a bunch of trivial tasks. ... I think it's disingenuous for the sheriff to suggest that he perform as any other police adviser would perform throughout this country. I think it's a little bit preposterous to suggest that all of these things that the sheriff maintains are performed by Johnny and other members of his office.

"We need to get them in here, we need to get the statistics, we need to talk to these officers under oath. We have the authority to do that. Let's hear what they have to say about what they really do."

Changing grades
Hounshell asked the board to approve authorization to change the liaison position (Grade 66) to an administrative sergeant (Grade 46), since the liaison position was being transferred. Claw asked how much that change would translate to in savings to the county.

"It will save the county $50,000," Hounshell said. Wengert disagreed, saying, "I don't know if it's a savings or not. It would be an increase to the General Fund of $50,000. When the sheriff and I talked the other day, I told him I would be opposed to creating a new position just on the basis of consistency and fairness with the other departments."

Wengert cited the Finance Department as an example. "I wanted to put a new position there, but our budget would not support that. I know the judge wanted to create a couple of security positions, but we asked her not to do that because of the budget. So to be consistent and fair with all departments, I told the sheriff earlier that I could not support or recommend that we create a position in his department."

Hounshell responded, "I understand that, Mr. Wengert, but to be fair and honest and down the line, or whatever you want to say, it's not fair and honest and down the line that I lose $100,000 of my budget that will impact the constituents that I serve by having to pull a deputy in to handle those duties.

"I understand your position, Delwin fairness across the board. But if that's the case, the position goes and the money stays with the sheriff. That's fair," Hounshell said.

Wengert said he never suggested moving a deputy. "How you do that in terms of your department is up to you. ... In our previous discussions during the budget, when I asked you to reduce your budget, what my intent was, was for you to reduce your operations, not your personnel. That's up to you. I would never try to tell the sheriff of the county where to move your deputies."

Getting hostile
Liaison Guthrie filed a claim in April against Sheriff Hounshell and Chief Deputy Brian Hough alleging a hostile work environment; however, investigation by the independent HR director did not bear out those claims.

Wengert and Human Resources Director Karen Houston also have lodged complaints against the two officers, resulting in an investigation by the state Attorney General's Office and their subsequent indictment on charges of alleged misuse of county funds to the tune of $8,000.

Wengert said, "I fully understand your needs and your concerns about your constituents up north. There's a tremendous need up north, in roads, law enforcement and we want to do all that we possibly can to meet those needs. We've supported that from Day 1.

"I guess what I need to bring out here is for the last six or seven years, the sheriff's department budget has gone up 120 percent much higher than any other department in the county. I'm not trying to say that in a critical way. I'm just pointing out that it has more than doubled. And I guess what I'm trying to get at is that because of that increase, I feel like the sheriff needs to work with us on this issue," Wengert said.

Hounshell told him, "You know, I've heard about my budget going up 120 percent till I'm blue in the face. Let me tell you where that 120 percent went: The majority of it went to the Navajo Nation, because I am the ONLY elected official in this county the ONLY elected official that provides equal service throughout.

"I've been called the 'Runaway Train of Spending' to board members. It just goes on and on and on about what we've spent. It's apparent where we've spent it at. We spent it in the deputies in Ganado, the deputies on the Interstate, the deputies at Red Mesa, the deputies in Chinle, the deputies in Fort Defiance.

"I'm not trying to hide a darn thing. My budget went up because I gave the services to the people that they were never given, and it was approved by the board," Hounshell said.