Apache County ends aid deal with Navajo Nation

By Kathy Helms
Diné Bureau

WINDOW ROCK — Apache County plans to pull its officers and equipment from the Navajo Nation and rescind a mutual-aid agreement between the tribe and the Sheriff's Office upon recommendation of the Arizona Counties Insurance Pool, County Manager Delwin Wengert said Tuesday.

The county's insurance carrier sent a letter to Board of Supervisors Chairman Tom White, which was received Tuesday, "saying that they're requesting we rescind our mutual-aid agreement with the Navajo Nation primarily because the sheriff, in their opinion, has exceeded the scope of the agreement," Wengert said.

"In their opinion, he was supposed to act in a supportive role to Navajo P.D. (police department), but he's acted in the role of a first-responder."

Apache County Sheriff Brian Hounshell, who was on travel Tuesday, said late last night that he had not yet seen the letter from the Arizona Counties Insurance Pool (ACIP).

"At this point in time, I'm unable to accurately respond to the current situation because I'm unable to review the documents that have been put forward. Apparently I'm the last one to get them. Once I get to my office (today) I'll review them and respond appropriately," he said, "but it looks like another attack on the services we're providing to the Navajo Nation."

Wengert said ACIP apparently conducted an investigation and made a decision during a board meeting Jan. 20 "and then we got the letter today. What it is, we're in a pool with 11 counties. The other 10 counties basically decided that what the sheriff was doing was putting the pool in jeopardy and decided not to ignore it."

Bill Hardy, executive director of the insurance pool, and Kenneth Sundlof Jr., corporate counsel, will present their findings and justification for recision of the Memorandum of Agreement (MOA) during next Tuesday's Board of Supervisors meeting in St. Johns. The meeting, which is open to the public, begins at 8:30 a.m.

Wengert said despite recent disagreements with the sheriff's office, the move is not politically motivated. "It may sound that way, but you have 10 other counties that could care less what's happening in Apache County, and they're the ones that made the decision.

"They supported the role that he would play as backup to Navajo P.D., but in their opinion he is acting as a first-responder. Where they got their information, I don't know. We did not request it.

"Somehow, somebody's telling them things I don't know who. I think this whole thing with the sheriff has raised awareness throughout the state, and the other counties somehow got word of it.

"They don't respond to the politics in Apache County. They respond to the bottom line of risk and what that risk could cost the rest of the counties," Wengert said.

Hounshell was indicted last Halloween by a federal grand jury on charges of misusing $8,000 in county funds based on allegations by southern Apache County employees. The charges were brought by the Arizona Attorney General's Office, which reduced the more than 70 allegations of misconduct down to four charges.

The indictment later was dismissed due to lack of jurisdiction, however, the Attorney General's office has filed an appeal.

Wengert said Apache County pays premiums to the 11-member insurance pool, "so what happens in Apache County affects them because we're in the same pool ... we share the risk. So they have a right to investigate things. We're not the first county they've done this to."

The insurance pool took similar action in another county, saying, "Either change, or we'll withdraw coverage," according to Wengert.

The insurance pool signed off on the draft MOA between Apache County Sheriff's Office and the Navajo Nation before it was approved; however, now it is concerned about risks and sovereignty issues, Wengert said.

"Those other 10 counties. They're like the Attorney General's office. They don't care about the politics in Apache County. All they care about is protecting their own interests," he said.

"I haven't tried to influence anything one way or another. I couldn't. They're not going to listen to me, because then it would be political. Who they listen to is their corporate counsel and their executive director primarily their corporate counsel.

"He's the one that's made the recommendation, he's the one that says that what's happening now poses too great a risk for the pool and something has to change. And it's their opinion that the sheriff has exceeded the scope of that agreement," Wengert said.

Advised of the insurance pool's allegations, Hounshell said, "When my deputies are flagged down and stopped on Navajoland, are we supposed to ignore them?

"We're not going to drive by a crime or refuse to help somebody when another agency doesn't have somebody close by. We're out there to help each other. That's what mutual aid is helping each other to solve crime," he said.