Pinal County attorney says claims against recorder were investigated, unsubstantiated

Pinal County Attorney Kent Volkmer says his office investigated anonymous allegations made against the county's recorder and found them to be entirely unsubstantiated.

"We didn't just sit on our hands," he said.

His comments came days after Supervisor Kevin Cavanaugh alleged the county didn't adequately look into the accusations and threatened to sue his own colleagues.

Cavanaugh's notice of claim, a precursor to a lawsuit against a county, said Recorder Dana Lewis accused him of wiretapping her office in conversations with county employees. The claim asserts defamation and says he's suffered reputational harm and potential impacts to future employment prospects as a result.

As proof, Cavanaugh's notice included numerous emails from an anonymous person who claimed to be an employee in Lewis' office. The person isn't named in the claim or in the emails. Their messages allege Lewis misused taxpayer money, contributed to a hostile workplace and is knowingly using inaccurate tabulators.

Volkmer didn't touch Cavanaugh's defamation claim while speaking to county supervisors publicly on Wednesday. But he said his office's investigation began long before Cavanaugh sent the notice. Volkmer said it ultimately revealed the emails were sent by "a disgruntled employee" and turned up no evidence to back up allegations against Lewis.

He was given permission to break attorney-client privilege by county supervisors to speak about the investigation publicly.

The 4-0 vote did not include Cavanaugh, who was absent from the meeting.

Cavanaugh did not respond to The Arizona Republic's request for comment. A spokesperson for Lewis said she couldn't comment because the notice of claim is "a pending legal matter" and that she remained focused on running "safe and secure elections, with the utmost of integrity."

A frosty relationship

The claim came after years of bickering over election procedures in Pinal County.

Cavanaugh has often questioned tabulators, the machines that tally votes on paper ballots, and has, at times, pushed for the county to hand count. He's long been known for peppering election officials with questions at county meetings.

Lewis began her role as the head of the county's election operations last year on the heels of a rough 2022 cycle. Her July appointment came after former Elections Director Geraldine Roll resigned with a scathing email to County Manager Leo Lew, citing a toxic work environment and attempts by county supervisors to politicize the Elections Department.

Since then, Cavanaugh and Lewis have had a frosty relationship. Cavanaugh was the lone supervisor to vote against a new elections agreement between the Board of Supervisors and Lewis in September. The document served as a blueprint of election responsibilities and was the final step in putting Lewis at the helm of most of the county's election operations.

His claim demands Lewis be removed from her position as county election director and that the county pay him nearly $500,000 in damages. Cavanaugh is currently running for county sheriff, and his claim suggests Lewis would somehow interfere in the race.

But Cavanaugh also has a checkered history. In May, two Pinal County employees settled a lawsuit accusing him of spreading retaliatory, false rumors for $40,000. The settlement came after an independent investigation commissioned by Pinal County found Cavanaugh made complaints of employee quid pro quo in the Pinal County Attorney's Office without any factual basis.

Public speakers torn

In Cavanaugh's absence, Supervisor Jeff McClure asked Volkmer if he'd characterize the notice of claim as "just another attempt to tear down and cast doubt."

Volkmer responded: "No comment on that."

Public speakers answered the question a little differently.

Pete Sabin, who lives near Marana and is vying against McClure in the Republican primary for a county supervisor seat, said he felt the allegations raised by Cavanaugh's notice were "kind of being swept under the carpet."

"I would like to see truly independent outside investigation, not the county looking at the county," Sabin said. "This election coming up needs to be perfect."

Others disagreed. Brenda Gifford of Apache Junction called Cavanaugh "disruptive and a very, very costly bad influence on our community." She said he should be expelled from his seat.

In Arizona, an elected official can be removed from their post through recall. That process allows voters, by petition, to demand the removal of an elected official and hold a special election.

Often, officials in danger of recall because of public controversy choose to voluntarily resign their seats.

What's next?

In the coming weeks, officials with Pinal County and the Arizona Counties Insurance Pool will determine whether to agree to Cavanaugh's demands, outright deny the claim or leave it alone and see if Cavanaugh sues.

Volkmer said that decision will largely rest with insurance pool. Thirteen of Arizona's counties — all except its largest, Maricopa and Pima — band together to secure insurance through the insurance carrier.

"Our insurance carrier is fully on board," Volkmer told supervisors. "They know exactly what is going on. We're in regular communications with them."

That most likely leaves the county in "wait and see" mode, Volkmer said. If they are sued, they will need outside counsel. Volkmer said he believes he is likely to be called as a witness in any resulting legal case.

"Unless it's filed, this will effectively be hanging over the board's head until about Thanksgiving," he said.

All of Cavanaugh's fellow supervisors are running for reelection to their seats in 2024.

Sasha Hupka covers county government and regional issues for The Arizona Republic. Do you have a tip to share? Reach her at [email protected]. Follow her on X, formerly Twitter: @SashaHupka. Follow her on Threads: @sashahupkasnaps.

This article originally appeared on Arizona Republic: Pinal County attorney: Claims vs. recorder investigated, aren't true