Participation In Pima County SWAT Team Costs Oro Valley $100,000

The Oro Valley Police Department participates in several regional task forces, providing members to these task forces and, through grants, generally being reimbursed for such.

One of the unintended consequences of participating in regional task forces is the  town also gets to participate in regional litigation settlements.   Last week, the Oro Valley Town Council approved paying $260,000 to an individual as part of a settlement together with Pima County. This has to do with an incident that occurred with the town's participation in the Pima Regional Swat Team.   Liability insurance will pay 160,000 of the $260,000. The talent is on the hook for deductible of $100,000.

The $100,000 will come out of the town's contingency fund. The contingency fund is part of the town's general fund. The money will not come out of the RICO funds the town receives, despite the fact that the incident occurred on a RICO activity.  Police Chief Sharp could have volunteered to use the RICO funds that he has at his disposal to pay the $100,000.  He did not do so. Therefore the town is actually increasing the police budget by $100,000 to pay for this incident.

Participation in regional task force police activities is important to Oro Valley. It is a way for Oro Valley to contribute to the well-being of the County.   It is the right thing to do.  It is wrong, however, to have to share the burden of litigation when the activity that is being litigated is completely outside of the control of the Oro Valley Police Department.   This is the case of Guerena v. Pima County, the case that was settled:

"On October 31, 2011, Plaintiff Guerena filed a complaint against several police agencies whose officers were involved in the Pima Regional SWAT Team investigation of Jose Guerena. During the course of their investigation, Mr. Guerena was shot and killed by SWAT officers.  The Town of Oro Valley became involved in the civil case since Oro Valley officers were on scene as members of the Pima Regional SWAT Team." (Source)

We do not know what the participation agreement between the County and Oro Valley states regarding liability. Apparently, the liability remains that of the town simply because the officers are in the employ of the town. It would be good for the town to review all participation agreements to ensure that, when next renewed, the town can shed its liability to those who are responsible for managing the task force.

What do you think?

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