“We rise as one.” That was the mantra for the 29th Doña Ana County Sherriff’s Office Academy. And for Class Commander Jessie Ramirez Jr., it’s more than just a few words.
“It is a reflection of our collective spirit,” Ramirez said in a speech during the graduation ceremony on Feb. 13. “We rise as one to face the challenges that lie ahead. We rise as one to protect the safety and dignity of those we serve. We rise as one because only by standing together can we truly make a difference.”
Ramirez was among 14 graduating deputies set to join the rank and file of DASO. Family, friends, and other onlookers celebrated the class at a ceremony on Feb. 13. Each young man had family members and loved ones pinning badges to their chests. All brimmed with pride as they took a step closer to becoming deputies.
Sitting behind them during the ceremony was Sherriff Kim Stewart, who, according to court records, refused to commission the new deputies.
“I have cadets graduating Thursday,” Stewart said in an email obtained by the Bulletin. “I will not commission them or anyone again based on my efforts yesterday.”
Shortly after the graduation ceremony, County Manager Scott Andrews filed an emergency petition for a writ of mandamus requesting a judge force Stewart to commission the cadets. The same petition suggests the county may have grounds to remove her from office.
A statement from Stewart suggests that she commissioned at least seven of the cadets. However, Stewart also claims the county’s Human Resources Department wanted those same cadets fired following their phycological evaluations.
Lawsuit's allegations
According to the petition, Stewart was told on Feb. 10 that she had no power to “demote or decommission” employees because of the county's merit-based system, which requires all demotions and promotions to be based on merit.
The same day Stewart emailed all her staff, stating, " It begs the question of why I commission at all, and I am thinking of giving that practice up.”
That email was attached to the court records.
“I took unusual steps because I do not deserve to be called a ‘liar’ by a subordinate. Neither I nor my Undersheriff deserved to be the target of frivolous EEO claims which were dropped almost immediately upon filing. I didn't deserve to have my home address publicized in a lawsuit, which I then had to have my own attorney act to seal from public view. I didn't deserve six years of being lied to by those closest to the top in order for them to advance personal agendas. I didn't deserve to be screamed at when I pointed out that owning a cultivation license is something that must be disclosed on a yearly conflict of interest report. There is so much more I truly have not deserved,” Stewart wrote.
She added, “I signed up for a lot when I chose to be the Sheriff. It's been an interesting ride. The most hate and betrayal | have received has been from those who wear our uniform. It certainly says something about us.”
The mandamus petition continues, saying that Acting County Attorney Cari Neil requested a meeting with Stewart on Feb. 12, to hash out the issue. Stewart did not respond, according to the petition.
The lawsuit then said that Neil and an unnamed County Commission went to the DASO headquarters to confront Stewart on Feb. 13. But they were told Stewart was not in the office.
“As a matter of public safety, it is necessary for the graduating deputies to be commissioned. The Sheriff has been tasked with this duty,” the petition said, citing a state law.
“The refusal of the Sheriff to perform her duties in this manner is unprecedented and must be remedied by the Court,” the petition states.
A hearing on the mandamus writ was set for Mar. 3, but a statement from Stewart suggested that a judge had already compelled her to commission the deputies.
Stewart’s response
Stewart did not respond to the Bulletin’s request for an interview except to say in a text message, “I’m going public. I’ll be in touch.”
Stewart then posted a 730-word Facebook post about the situation. In the post, she said that the Sheriff did not make the final decision to hire deputies. The county’s human resources department does.
“They go through extensive vetting, to include pre-employment psychological testing,” she said.
Five months into the academy, Stewart said she received an email telling her to fire 7 of the 14 cadets. She said that the county’s human resources had taken “a sentence out of a comprehensive evaluation and used it against them.”
She did not provide any additional information about how or why the county’s human resources felt the seven deputies failed their phycological evaluations. Instead, Stewart said that interim County Manager Stephen Lopez created an appeal process. But Stewart felt this process was inadequate.
Ultimately, Stewart said that she’d been ordered to commission the 14 cadets following the petition. She said she’d commissioned the seven that HR wanted her to fire. She added that two had been fired.
“There’s so much more to unpack here as it speaks to the power of those you have elected versus those who operate outside the will of the people,” Stewart said. “In short, however, this county government is faltering in many more ways.”
Stewart vs. everyone else
This is far from the first time that Stewart and the county have been at odds. Under the previous county manager, Stewart lambasted Fernando Macias for forcing her employees to work from the office in 2021. It was one of many spats between Stewart and Macias.
Former District Attorney Gerald Byers also sued Stewart after she refused to serve dozens of subpoenas in 2022.
Stewart was first elected to the Sherrif’s office in 2018 and then again in 2022. She styled herself as a reformer when running for election. Stewart was also fired from the county in 2011. She successfully sued the county, arguing that she was subjected to months of retaliation from county managers for investigating complaints of racial discrimination within the animal control and codes enforcement department.
She was awarded $1.5 million in the ensuing settlement.
