After being on paid suspension since Oct. 23, Camp Verde Marshal Nancy Gardner was set to be fired by Camp Verde Town Manager Russ Martin on Monday, March 12.
From Oct. 27 to March 5, Gardner had been under investigation by the Arizona Department of Public Safety, an investigation initiated by Martin Oct. 24, following reports of low morale and potential wrongdoing committed by Gardner.
“Based on the facts outlined in the investigation report, I have determined that she is no longer fit to hold the position of Camp Verde Marshal,” Martin wrote March 7. “It is my responsibility to maintain a professional culture of service to the town residents and to this end I felt it was appropriate to take such action.”
Martin had placed Gardner on leave “pending review and investigation of information that was brought to me the previous week concerning her behavior during her time as marshal.”
Martin stated Gardner’s forced leave from her post was to “clear the air” and to avoid the perception that the town’s top law enforcement official was not receiving “special privileges.”
The town’s personnel policy allows for an appeal to a hearing officer, which may prolong the process beyond March 12.
Cmdr. Brian Armstrong will continue to serve as interim marshal.
- According to Martin, the DPS report found that started that Gardner: Exerted improper influence in a departmental incident report.
- Appeared untruthful to her knowledge and misrepresentation of a candidate to the Arizona Peace Officer Standards and Training Board.
- Paid personnel in violation of the personnel policy.
- Created the appearance of the misuse of public funds. The criminal investigation halted the personnel investigation.
- Created an environment “where favoritism led to an environment not conducive to the esprit de corps and unity necessary for a law enforcement organization to operate at the level our citizens expect and deserve.”
“Unfortunately, her actions in some areas are unacceptable and warrant action to ensure proper professional culture at the Camp Verde Marshal’s Office,” Martin wrote, despite the fact “she was well-respected amongst her peers.”
Complaints Arise
Martin conducted sexual harassment training for town employees over the summer. At that meeting, he encouraged town employees to speak with him if they had any complaints about their workplace.
Within a week, employees had come to Martin with complaints about their departments, so the speech appeared to be working, Martin stated.
About a week later, CVMO Administrative Assistant Darby Martin, no relation to Russ Martin, brought him her concerns about CVMO.
Russ Martin scheduled a meeting at the town library with five CVMO employees who wanted to discuss problems with the town’s law enforcement office.
According to the DPS investigative report, Martin said he had trouble convincing the employees to speak with him due to his perceived close relationship with Gardner.
By the end of the meeting, Russ Martin “was near tears and apologized to the employees because he felt very responsible for having no clue about the issues that had been going on at CVMO, in some cases for years, and the employees did not feel they could come forward with their concerns.”
Martin told DPS he was frustrated the employees had not used the complaint process to address their concerns.
The town attorney advised Martin to have DPS conduct an outside investigation.
Criminal Investigation
DPS’ Professional Standard Unit halted Nov. 1 when investigators found financial discrepancies conducted during a criminal investigation.
- DPS Detective Rick Ortiz wrote Gardner would use “appreciation days,” rewarding certain employees by allowing them to take a day off but claim the time as worked.
- Out of her own pocket, Gardner also paid $211.30 for the initial uniform for an animal control officer who could not afford one, then reimbursed herself from petty cash. CVMO officers have an annual uniform allowance of $1,200, while animal control officers receive $900, but it is paid quarterly, not upon hire.
Darby Martin reported that the other animal control officer told Gardner if he did not receive the same deal, he would file a grievance with the town’s Finance Department.
Martin and the animal control officer both denied that he threatened to report the incident to the finance department. - According to DPS, after one of Camp Verde’s volunteers in policing reported a broken fuel pump on his personal vehicle, Gardner reportedly told the volunteer to purchase a replacement at NAPA Auto Parts store and charge the part to CVMO’s account.
When Darby Martin questioned Gardner, the marshal said the purchase was justified because the volunteer sometimes uses his personal vehicle for police work. - Gardner also reportedly took several detectives and sergeants out to Denny’s to celebrate a sergeant’s birthday. She later changed the $24.85 expense report from “birthday” to “meeting.”
While Ortiz noted Gardner used whiteout to change many of these records, Ortiz wrote there was no attempt to knowingly defraud the town for personal financial gain and he closed the fraud and fraudulent schemes case. DPS continued with the administrative investigation.
Personnel Issues
“During the course of the investigation, it was determined that [Gardner] created and pursued a personal policy of intimidation and fear amongst her subordinates in an attempt to maintain her position,” Russ Martin stated.
- On Feb. 9, 2016, a CVMO deputy and sergeant responded to Gardner’s trailer park for her report of suspicious activity. She was off-duty at the time and listed as a “reporting party.”
According to Darby Martin, Gardner wanted the deputy to change parts of his report “to make sure she was not portrayed in a bad light.”
Normally reports are sent directly to the records department. Gardner would spot check reports for accuracy, but would not require corrections from the authoring officer.
The deputy asked if he was being made to change a public document and was told by the CVMO commander she would back his decision, whatever it was. The deputy “ultimately made the changes to the report because he felt he would be retaliated against if he did not.”
The supervising sergeant was unaware his deputy had changed the report until DPS informed him during its investigation.
- During the hiring process for a potential deputy, the DPS report states, the CVMO sergeant found the candidate had applied for numerous other law enforcement agencies. Gardner reportedly told the sergeant not to contact them to find out why they had not hired the candidate.
The sergeant found disqualifying details in the candidate’s past, namely that he had brokered drug deals while in high school. The sergeant told Gardner, who said CVMO should give the candidate a chance and to ask AZPOST for a waiver.
The AZPOST compliance offer told the sergeant the drug history was more serious than the candidate initially claimed and the waiver would likely be denied.
Gardner re-interviewed the candidate and decided not to ask for a waiver.
Gardner reportedly confronted the sergeant about not contacting the 25 other agencies for which the candidate applied.
The sergeant told DPS if he had been allowed to contact the other agencies, he never would have agreed to a waiver and embarrassed CVMO.
- DPS investigators discovered Gardner had paid personnel for days not worked in violation of personnel policy.
Aside from the “appreciation days” covered in the criminal investigation, Gardner reportedly allowed one employee to take off Mother’s Day but get paid, allowed employees to leave their 10-hour shifts 30 minutes early and marked down a police volunteer as working a minimum 35 hours a month so he could remain “in good standing.” The volunteer had broken his foot at his civilian job in July 2016 and did not return until February 2017.
Gardner told DPS the volunteer was “a jack of all trades,” helping with sex offender reports, at accident scenes and with road closures.
After the volunteer was caught driving with lights and sirens, he was removed from patrol and placed in the fleet department “working on CVMO vehicles until she realized he did not know what he was doing and was screwing up the vehicle repairs.”
- According to DPS, Gardner reportedly used the “Uniforms” budget line item — meant to pay for badges, shoulder patches, service pins and other such items — to reimburse animal control officers for uniform costs in excess of their annual uniform allowance.
According to DPS, Gardner said, “My goal is to be fair and the ACOs only make $14 an hour,” and “Darby [Martin] gets all butt-hurt like it’s her money.”
Gardner reportedly changed receipts “because she did not think the purchases would be approved by [the town’s] Finance [Department].”
- According to DPS report, Darby Martin said Gardner “did an amazing job cleaning up CVMO” during her first two years.
As she received praise from the community, Martin said “Gardner thought she was invincible and could do anything she wanted.” As she “became empowered,” Martin said, “the way she treated employees got worse,” with Gardner “being vindictive toward some employees, while showing favoritism toward others.”
Of the 43-page professional standards report, 24 pages consist of interviews with individual employees, both current and former.
One officer stated that due to the difficult circumstances under Gardner, “I go home night after night, crying.”
CVMO employees stated Gardner reportedly:
- Mocked and imitated employees with physical disabilities. To investigators, Gardner admitted her behavior was not in compliance with the town’s AntiHarassment Policy, Section 1-1-5. When asked if her behavior was appropriate, she reportedly stated, “No, that’s not appropriate. You’re right, absolutely. It’s not.”
- Mocked the weight of two employees and an employee’s significant other.
- Mocked the physical appearance of female CVMO employees. Gardner said discussions about appearance were a “catty girl thing.”
- Told a female sergeant testing for commander she would never be promoted because she was female. Two previous commanders under Gardner were women.
- Insinuated CVMO employees were having affairs, going so far as to cancel an extra hotel room for a conference because she reportedly claimed two employees did not need separate rooms.
- Withheld raises from staff who did not support her or her agenda.
- “Ruled the CVMO with a ‘divide and conquer method.’”
- Told an employee she could not attend a Town Council meeting, nor speak at a meeting as a private citizen, even if the matter did not involve CMVO issues, without Gardner’s approval.
Two former employees also stated they left CVMO years before they had planned to because they could not tolerate the environment Gardner created.
Christopher Fox Graham can be reached at 282-7795 ext. 129, or email editor@larsonnewspapers.com
Camp Verde Town Manager Russ Martin released the following statement early Tuesday, March 13:
“Nancy Gardner will not be returning as Town Marshal. During the time she was put on leave the cost to complete the investigation by Arizona Department of Public Safety was estimated at $40,000 in staff wages, etc..
“The Town will not be responsible for this as this service is provided to communities for numerous investigative purposes including the one completed for the Town of Camp Verde.
“However, the Town did pay Mrs. Gardner per policy on administrative leaving allowing a clear and unbiased/uninfluenced investigation. The cost of her time/benefits, etc. was approximately $45,000.
“As Town Manager I understand the cost to the taxpayer and it is not taken lightly the responsibility to do my best to account for all monies spent in all areas by Town government on behalf and to the benefit of the citizens.
“I do appreciate the those directly involved, the rest of staff as well the citizens who allowed for this investigation to move forward without interference or influence and afforded the Arizona Department of Public Safety to complete this substantial request from myself.
“As Town Manager I will always be as transparent as possible when the time comes to do so, I hope that now that this has concluded the answers that I was seeking along with everyone else, rightfully so and generally with good intentions, can now move forward.
“The Camp Verde Marshal’s Office is a great part of the Town of Camp Verde and the Mayor and Town Council along with its citizens appreciate the service of all who have worked or volunteered in some capacity at CVMO.
“There are some incredible professional staff and volunteers currently serving following many who have previously served and it is those people who will propel the next generation of CVMO professionals to even greater service to our community of Camp Verde.”
