Top law enforcement officials are concerned a volunteer working
in the District Attorney’s Office, who police say has shown up to
traffic stops wearing a badge, may have overstepped his authority
by doing investigative work normally reserved for sworn
officers
– and that it could lead to legal problems for San Benito
County.
Top law enforcement officials are concerned a volunteer working in the District Attorney’s Office, who police say has shown up to traffic stops wearing a badge, may have overstepped his authority by doing investigative work normally reserved for sworn officers – and that it could lead to legal problems for San Benito County.
And the local Deputy Sheriff’s Association (DSA) also is upset over William “Andy” Simpson’s work in the office, but for a different reason.
The union’s head negotiator says the county was legally required to “meet and confer” with the union – which represents DA investigators – before bringing Simpson aboard. District Attorney John Sarsfield, however, said the DSA hasn’t expressed concerns to him.
The district attorney said he never issued Simpson a badge or authorized him to act as an investigator. And Simpson is leaving the office for “personal reasons,” Sarsfield said. Simpson, 57, has volunteered for the office since late March or early April, according to Sarsfield.
County officials, including Sheriff Curtis Hill, also have raised red flags. Local law enforcement officers told their supervisors Simpson has shown up at routine traffic stops wearing a badge – though he’s not a sworn officer.
“As the sheriff, I’ve been getting numerous inquiries as to what his status is,” Hill said. “It’s been coming from every direction of the compass in the criminal justice system, including defense.”
It’s unclear if he’s ever been a sworn cop. But Simpson currently does not have sworn officer status, Sarsfield confirmed. Simpson didn’t return calls to his cell phone Wednesday.
Questions first arose about the position Aug. 2 when Sarsfield proposed hiring a part-time “special agent” at a Board of Supervisors meeting.
Sarsfield initially intended to use the temporary position for high-profile investigations such as political corruption allegations, but a day later reversed course when county officials told him investigators have to be sworn officers.
The board approved the position at an annual salary of $27,500 – but only for administrative work. Sarsfield acknowledged Wednesday he pegged Simpson for the new role. “That was the plan,” Sarsfield said.
Hill became aware of a potential problem in early August when his deputies informed him Simpson had shown up at traffic stops; they suspected Simpson may have been representing himself as a DA investigator, Hill said.
Sheriff’s deputies saw Simpson wearing a badge and possibly carrying a gun, according to Hill, who said he’s concerned the county could be held liable for Simpson’s actions.
But it’s not just sheriff’s deputies who’ve seen Simpson at traffic stops wearing a badge.
Two weeks ago, Simpson arrived at a traffic stop on San Felipe Road just north of Flynn Road, where a Hollister police officer was issuing a speeding ticket, according to the officer, who spoke under the condition of anonymity.
Simpson had a star badge around his neck, the officer said. Simpson then asked the officer if everything was all right before leaving.
“When you see a badge like that, you assume they’re police or some type of peace officer,” said the officer, who thought Simpson was a DA investigator. “I assumed he stopped by to check my welfare, which is common for police.”
Hollister Police Chief Jeff Miller confirmed knowing about that traffic stop. The department, though, has “addressed any concerns or questions we’ve had” about Simpson, Miller said. No type of police investigation is under way, he said.
“We’re talking about a county personnel issue,” Miller said. “We’re not going to jump in the middle of that.”
Sarsfield said he actually discourages use of badges because “they’re nothing but trouble.”
“Lots of people have badges, but I’ve never issued him one,” Sarsfield said.
Sarsfield did say Simpson recently applied for a concealed weapons permit – but not in his capacity as a volunteer for the District Attorney’s Office.
Hill requested a meeting with Sarsfield to discuss Simpson’s status. Monday, Sarsfield emphasized he didn’t issue Simpson a badge or authorize him to tote a gun, Hill said.
Sarsfield told Hill he had reviewed the matter of Simpson’s status with county attorneys and that the point was moot anyway – because Simpson was going back to school and would not be working in the office, Hill said.
“That begs the question, then, what was the presentation before the Board of Supervisor’s about?” Hill said.
Chief Probation Officer Deborah Botts became concerned when Simpson started going to the Probation Department about three or four weeks ago. He asked about witness information concerning cases being prosecuted by the District Attorney’s Office, she said.
She said Simpson had not previously asked to look at probation or parole records. So Botts wanted a clear confirmation on Simpson’s status – along with a legal opinion – in case he did, she said.
“I’ve been doing some research and I haven’t found anything prohibiting an employee acting on behalf of the district attorney to have access (to records),” Botts said. “But it opens us up to potential liability and I wanted to make sure we were on strong ground.”
Despite questions over whether Simpson acted inappropriately, or broke the law, the local sheriff’s union remains concerned over Sarsfield’s attempt to hire him.
“If the DSA had a concern, they should have just picked up the phone and called me,” Sarsfield said.
Swim, the Sacramento-based labor adviser to the DSA, said any hiring that affects the union and its employees must be subject to the meet and confer process. And Simpson’s role in the office clearly affects DA investigator Pat Stephens, who is a member of the DSA, Swim said.
“Under no circumstance is he (Sarsfield) going to go around us and through the backdoor,” Swim said.
Local DSA president, sheriff’s deputy Mark Lima, concurred.
“It’s a serious issue. We tend to protect our rights,” he said.
Kollin Kosmicki can be reached at 637-5566, ext. 331 or at
kk*******@fr***********.com
.
Erin Musgrave can be reached at 637-5566, ext. 336 or at
em*******@fr***********.com
.
