Doña Ana County Sheriff Enrique “Kiki” Vigil has often faced controversy during his first term in office.
Whether it’s his seizing of the county jail in 2015 after the director was arrested, his public spats with county commissioners and administrators, his handling of personnel issues, or his department’s role in enforcing border security, Vigil has often shied away from speaking with the media or publicly answering questions about his actions.
“In the past when I have given interviews, some reporters distorted many of the facts and this has made me reluctant to provide interviews,” Vigil told NMPolitics.net.
Courtesy photo
Enrique “Kiki” Vigil
Now, with several people challenging him in the June 5 Democratic primary and a former Republican sheriff awaiting him in the general election, if he gets that far, Vigil is going on the record to address many of the controversies. His extensive interview with NMPolitics.net, conducted by email, is the latest in our Q&A series with people involved in New Mexico politics and government.
Vigil defended his actions in the Q&A and blamed many of the controversies on others. He says his biggest mistake has been “misjudgments” in appointments to key jobs within the department, but he’s confident in his new undersheriff and says he’s broken up cliques that stood in the way of the change he’s trying to implement.
“Throughout my term as sheriff, I have met heavy resistance from various command staff in the implementation of community oriented policing,” Vigil wrote. “Most have retired, which has helped reduced the cliques.”
“With an Undersheriff in place that has the same vision as me, reduction in cliques and salary increases I believe the department will continue to improve and we will be fully staffed soon,” he wrote.
Some of Vigil’s responses to our questions have been in the public before. Some questions he’s answering publicly for the first time.
Here’s our full interview, with questions in bold and Vigil’s answers immediately following:
NMPolitics.net: You’ve been sheriff for nearly 3.5 years. What do you believe are some of your successes in that time? You’ve secured new money and equipment for the sheriff’s department. How important is that to the department’s success?
Vigil: Department funding was my number one priority when I first ran for Sheriff. My commitment during my campaign in 2014 was to fight for the deputies to get their pay comparable to the Las Cruces Police Department, purchasing of new vehicles, improved communication system, purchase of a new records management system, change the culture of the office to be a community oriented policing program as opposed to a ticket quota agency and restructure the command staff because I believed at that time the Office was too top heavy. We were able to purchase new vehicles with a preventative maintenance plan. We have a new communications and records management system. Most importantly through a very tough battle, the deputies and command staff received the raises comparable to LCPD, which they needed and deserved. The upgrades and funding are important to officer safety and safe-guarding the needed records for documentation of incidents. During my first run I campaigned on the idea that the deputies needed to be in the unincorporated areas and not so much in the city because Las Cruces Police Department took care of the city. I would consider this one of my most significant successes due to the resident of unincorporated Doña Ana receiving the policing they are deserving of. We have in effect a community oriented policing program that strives to improve community relations and partnerships, not relying on giving tickets or enforcing immigration policies as the previous administration did. Without proper funding not only are deputies lives put in greater risk but the residents would not receive adequate services from the sheriff’s office.
NMPolitics.net: You’ve had your share of controversy as sheriff. What have been some of the most challenging situations you’ve had to address? In hindsight, are there any decisions you look back on as mistakes? Are there any things you would do differently today, and if so, how?
Vigil: I believe the most challenging situation I’ve endured is tied with what I would consider misjudgments made during my administration, which would be my appointments. While running for office I heard the deputies’ complaints and felt by appointing an individual already familiar with the office, it would help resolve issues. Additionally, with my second appointment I selected the president of the Sheriff’s Union despite him being a former political opponent of mine. Again, I had the best interests of the office in mind wanting to bring the union and existing management together. Both proved to be very challenging due to internal cliques that had been formed prior to my taking office.
I was fortunate to have the opportunity to do things differently and have since selected an excellent undersheriff from outside the agency who has a wealth of experience and knowledge of law enforcement.
NMPolitics.net: Early in your tenure, after the director of the Doña Ana County Detention Center was arrested, you temporarily took control of the jail with officers wearing tactical gear and an armored BearCat and put the facility on lockdown. Following a legal battle with county management, a judge later ruled you had no authority to seize the jail. Can you explain why you believed such action was necessary? Would you handle the situation any differently today?
Vigil: The Jail Administrator was a subject of interest. I consulted with the District Attorney and Attorney General’s Office before making this decision. I also had corrections experts, including the Department of Corrections, briefed in this operation. The District Attorney’s Office believed that there was probable cause to arrest the detention center administrator and a judge also believed that this warrant was justified. The belief at that time was that the facility could be in a very volatile situation and even a potential disruption could have been possible once the inmates discovered allegations that their funds were being misused. There was an ongoing investigation of theft by several staff members. However, most of the statutes of limitations had expired. A complete report was given to the County Commission at that time. Our plan was to secure the facility, not occupy it indefinitely. When situations like this happen in facilities, the standard of operation procedures are to lockdown a facility and conduct investigations (interviews) with staff and inmates. After these interviews are conducted, the team holds a debriefing on the mood and conditions of the inmates. This is when a lockdown is lifted. I was going to report back to the Commission and Manager for them to appoint an acting commander and to take control of the facility. This was considered a crime scene because evidence was seized. This was why we took temporary possession. The Judge did not summon us into his office to present our side of the story. Had he summoned me he would have been able to hear all of the facts, that unfortunately he did not hear, as to the true circumstances and facts of this case. He signed this (ex parte, one sided) temporary restraining order. There were several persons of interest in this investigation, which placed the office in a very uncomfortable situation. Two of the former commissioners, including one journalist, insisted that the DA’s Office investigate the several allegations of theft and improprieties that were going on at the detention center. They were complaining that nothing was being done. The DA requested our involvement through our joint white collar and public corruption task force.
NMPolitics.net: You actively backed non-incumbent county commission candidates in 2016 and saw some success in helping get your preferred challengers elected. Talk about why you did that, and if it’s been worth the risk of alienating incumbents who set your department’s budget and other policies. What has the sheriff’s department gained from you helping seat new commissioners?
Vigil: Commissioners Solis and Gonzales desired to run on their own accord. They are honorable people who won on their own record. If I am not doing what is needed I believe they will hold me accountable. As an elected official, like anyone else, I have the right to back candidates I believe will do a good job. Some candidates I supported won seats in various positions and some lost in other races. They run on their own records and platforms. The two former commissioners did not support public safety. One was condescending and even tried to tell me to earn my place (“Sheriff, you know it took me two years to find the restroom — who do you think you are?”). The other commissioner said one thing and did the complete opposite. These new Commissioners have been supportive of public safety. Public safety should be a priority; their races were not about me but about the safety of our county. My fight has always been for the best interest of the office. My support for public safety has caused me to lose some professional relationships with other elected officials. The difference between I and them is that I have never name called or insulted their integrity like some have done to me.
NMPolitics.net: You also sued two incumbent county commissioners in 2016, alleging retaliation, though your lawsuit was ultimately dismissed. Why did you deem a lawsuit necessary?
Vigil: I did so because they, through the former county manager, colluded to impede my abilities as an elected official. The county attorney was representing them and I had no other recourse because they were interfering with my duties as the duly elected Sheriff. I believed that my rights were being violated. Despite having the case dismissed our office was finally able to secure the funding it was in desperate need of.
NMPolitics.net: How would you describe your relationship with the county commission today?
Vigil: Most of the Commission, County Manager and the former Acting Manager have treated our office fairly. They are working with me and respect my duties as an elected official.
NMPolitics.net: You pledged during your first campaign to be a transparent sheriff. But at least since your second year in office, the media, including this journalist, have found you difficult to reach – at least until you agreed to this interview. Why have you often ignored or rejected interviews?
Vigil: I have been transparent with respect to inspection of public records and even conducted an audit of some of the federal grants. In the past when I have given interviews, some reporters distorted many of the facts and this has made me reluctant to provide interviews. A colleague has great respect for you which is the primary reason for agreeing to provide answers to your questions.
NMPolitics.net: Former Undersheriff Edward Lerma has sued you, alleging he was fired in retaliation for opposing some of your decisions, including the 2016 takeover of the detention center. Lerma is now challenging you in this year’s Democratic primary for sheriff. Why did you fire Lerma? Was that action proper?
Vigil: Before I take any action I have either consulted with the District Attorney, or county legal. He never said one word about the detention center nor did he ever express his disagreement. He was in several meetings with the District Attorney and Corrections Department and not once did he ever speak one word. Mr. Lerma wanted to be the Sheriff. He thought that I would do what my processor did and let him make all of the decisions. I would give him assignments and he would never report the progress. When I would follow up and inquire the status, he would constantly tell me in a frustrated tone, “you know Sheriff, I can retire any time I want, I don’t need to stay here.” I decided to take him up on his offer to retire and ended his services. Appointed positions serve at the will of the elected official with or without cause. We have since found that important investigations and personnel actions assigned to him were never completed.
NMPolitics.net: Talk about the situation with former Undersheriff Ken Roberts, who you fired after substantiating allegations that he harassed and/or assaulted a female employee. When did you become aware that his behavior was a problem? Some criticized you for being slow to take strong action when you initially suspended Roberts without pay instead of firing him. Do you believe you handled this situation appropriately? Did the county’s separate human resources department play any role in the delay in firing Roberts?
Vigil: In this case, this was turned over to an outside investigation firm at my request in order to avoid any impropriety. Placing Roberts on leave with pay is county procedure while an investigation is ongoing. Once the report was received, Mr. Roberts was immediately taken off of leave with pay and place on leave without pay while I reviewed the full context of the investigation. After I reviewed the report, Mr. Roberts was immediately terminated. I do not condone his behavior and have a zero tolerance for the actions he committed. This was a personnel issue and I could not discuss this matter until all of the mitigating factors were discussed with Legal and the County Manager. This is a normal process. I worked with the County Manager and County Attorney on this matter to minimize any potential liability.
NMPolitics.net: Talk about the deputies who were paid in July to play in a basketball tournament in Las Vegas, Nev., with public money. Do you believe this was an appropriate use of public money? Can sheriff’s department employees participate in other athletic competitions while on the clock?
Vigil: This has been an ongoing event even prior to me taking office. Several departments from different agencies participate in the competitions to provide positive exposure for the department and the cause it supports. The supervisors have approved these projects. This became an issue only because a disgruntled staff member was not allowed to participate. Multiagency projects boost the morale of agencies and are used as community awareness. This is no different than the annual events held locally between LCPD and LCFD. Moving forward, staff will be required to pay their own way and expenses. They have traditionally been provided leave for these events providing there is sufficient coverage.
NMPolitics.net: It’s my understanding the department has experienced relatively high turnover during your tenure as sheriff. What’s the cause of that? Is the department adequately staffed and able to fulfill its duties?
Vigil: This has been a problem prior to my assuming office. Of course my adversaries and critics will tell you otherwise. It has been the low salaries and neighboring agencies offering better opportunities. Now that the salaries are up to par, I believe that we will retain our staff longer and our recruitment will increase our numbers. We are in need of more staff due to the growth of the county. The amount of Full Time Employees (FTEs) is for 160 sworn. This was based on numbers the Office should have filled in 1990. The staff is doing its best to fulfill their duties and provide service. However, with these new changes, we anticipate being able to be fully staff the department in the near future.
NMPolitics.net: One follow-up, in response to your earlier answer about “misjudgments made during my administration, which would be my appointments,” and your response that low salaries that preceded your time in office were to blame for high turnover at the sheriff’s department.
Are you saying that, in retrospect, there was a need to bring in outside people to help run the sheriff’s department, to break up cliques, and to move the department in the direction you want it to head? If so, how have you worked to keep morale up while making such changes? Are you confident that you have the team you want in place at this point? And do you think encountering what you call “internal cliques” also contributed to an exodus of some employees during your tenure?
Vigil: Yes, prior to my current Undersheriff coming on board I tried to bring people together by promoting within, which proved to be a misjudgment. Throughout my term as sheriff, I have met heavy resistance from various command staff in the implementation of community oriented policing. Most have retired, which has helped reduced the cliques. There are still factions that wish to go back to the old way of issuing tickets and don’t wish to interact with the public. At the same time, I met resistance from the former county manager which only increased the internal gripes. Pushing through all the resistance I have continued to include staff from all levels in decision-making that would affect the office. I have also worked with the union to make sure all needs are being met and voices are being heard. By involving staff in decision making it has helped improve the morale of those affected by the cliques.
I do believe the cliques were a result of some deputies wishing to transfer to other agencies. Just like any other agency it takes time to make personal and personality changes when staff has become comfortable. Gradual change in personnel has been taking place during my term, and now that our deputies have received pay increases and some have retired we have been seeing a spike in lateral transfers from other agencies. With an Undersheriff in place that has the same vision as me, reduction in cliques and salary increases I believe the department will continue to improve and we will be fully staffed soon.
NMPolitics.net: You faced some criticism and protests after U.S. Attorney General Jeff Sessions recently spoke to the Southwestern Border Sheriff’s Coalition at a meeting you hosted in Las Cruces. Can you share about your role in bringing Sessions to Las Cruces, if any, and your opinions on his work and positions?
Vigil: This is a copy of my recent Op-Ed that was published in the Sun-News, Las Cruces Bulletin and Albuquerque Journal, which will answer all of your questions:
Conference hosting is rotated among member cities and states. In September 2017, our Office was asked to host this year’s Conference here in Las Cruces, NM. Like any conference, this helps promote tourism and business; and at this year’s conference, we also invited our Mexican Counterparts in law enforcement. Friday evening, April 6, 2018, the Executive Director of the Coalition advised me that the US Attorney General Jeff Sessions would be attending our conference scheduled for Wednesday, April 11, 2018. The Coalition President and the Executive Director determine the Agenda, programming, and speakers for these meetings and conferences. The hosting agency (DASO) is only responsible for facilitating the meeting.
As one of the top law enforcement officers of this County, I must always work with all officials regardless of political affiliations. As we all know from basic civics, I am sworn to protect and uphold the Constitution and laws of our country and state, without regard to ideology. I am also obligated to work with the US Justice Department, but without authority to choose who they can bring to the table. In spite of my differences of opinion with the Trump Administration on various issues, the public and taxpayers expect me to demonstrate the utmost professionalism and respect. Mr. Sessions desired to meet with the Coalition and the Texas Border Sheriff’s Association. The Executive Director placed him on the agenda to speak and we have to work with the federal government to help provide security. The members of the Coalition are elected officials and not all of us agree on the methodology, much less the same ideologies. However, our responsibility is to address the safety and security concerns of our community and even border violence that does occur in some parts of the US/Mexico border.
I have clearly made known my position with respect to the border wall and immigration. I do not support a wall. I believe it is a waste of tax payers money and there are better alternatives to help combat border violence. It is the federal government’s responsibility to enforce the immigration laws and not the duty or responsibility of the local governmental agencies. Congress and the President need to fix the immigration dilemmas by passing comprehensive immigration reform. I don’t want undocumented immigrants to be victims of crime and unscrupulous exploitation. If local law enforcement becomes immigration agents, it will discourage this community from reporting crime and they will in fact be targeted and preyed upon, as I have seen this happen in the past.
I don’t support the militarization of the border. We must build better relations with our neighbors. We are attempting to create a cooperative endeavor with our Mexican law enforcement friends to help combat organized crime and other illicit activities that threaten the welfare of our border communities. If we collaborate, we help promote international relations and friendships. I personally would like to see more of these “border wall” funds diverted to help the schools, mental health crisis and improve technologies that will enhance officer safety and protect the public.
I am a firm believer in community oriented policing. This program creates partnerships with the community and promotes positive race and community relations. I desire to work with the County on an Equal Employment Opportunity Plan for the Office that will provide upward mobility for women and people of color. DASO is not racially profiling nor are we enforcing immigration laws.
Unfortunately, there are those persons even in my own party that are misguided and misinformed. They do not care about the facts much less the conceptualizing of the true circumstances. They will use group photographs taken of me with other political figures from the rival political party to distort the truth as to my true convictions and core values. Regardless whether I disagree or have contempt for another elected official, I must respect the office of that individual and maintain proper decorum. In law enforcement we don’t consider a person’s political party when they are in need of assistance. My sworn duty is to protect all of our community regardless of race, color, creed, national origin, gender, sexual orientation and immigration status. Partisan politics has no business in public safety nor should it be a determining factor to provide services or protection.
I would like to thank the business community for being great hosts to the other elected sheriffs that visited our city and county. They have provided me positive feedback on how much they enjoyed our county. I would also like to thank the protesters for the orderly demonstration. I believe that everyone has the right to protest. I understand their reasons and the concerns.
NMPolitics.net: What’s your general stance on border security and immigration? Do you believe the United States needs to build a wall on its southern border? Do your officers share information with Immigrations and Customs Enforcement when they believe people they encounter might be living in the United States without legal status? Why or why not?
Vigil: I have clearly made known my position with respect to the border wall and immigration. I do not support a wall. I believe it is a waste of taxpayers’ money and there are better alternatives to help combat border violence. It is the federal government’s responsibility to enforce the immigration laws and not the duty or responsibility of the local governmental agencies. Congress and the President need to fix the immigration dilemmas by passing comprehensive immigration reform. I don’t want undocumented immigrants to be victims of crime and exploitation. If local law enforcement becomes immigration agents, it will discourage this community from reporting crime and they will in fact be targeted and preyed upon, as I have seen this happen in the past.
I don’t support the militarization of the border. We must build better relations with our neighbors. We are attempting to create a cooperative endeavor with our Mexican law enforcement friends to help combat organized crime and other illicit activities that threaten the welfare of our border communities. If we collaborate, we help promote international relations and friendships. I personally would like to see more of these “border wall” funds diverted to help the schools, mental health crisis and improve technologies that will enhance officer safety and protect the public.
NMPolitics.net: I have one follow-up question, based on Peter Goodman’s recent column in the Las Cruces Sun-News: You wrote that enforcing immigration laws is “not the duty or responsibility of the local government agencies,” and said local agencies acting as immigration agents would “discourage this community from reporting crime” and lead to people becoming targets. And yet, Goodman wrote that during your time in office the Sheriff’s Department has “turned over to the feds, or otherwise helped the feds incarcerate, perhaps a thousand people who committed no state crime.” For example, one Sheriff’s Department report lists 518 “CBP referrals” from October 2016 to September 2017, Goodman wrote. Is your office referring people your deputies encounter to federal immigration agencies, as Goodman says records indicate? If so, how does that match with your words? If not, help me understand the discrepancy between the records Goodman says he’s citing and your public statements.
Vigil: Please see my response below, which was published in the Sun-News:
Sheriff: Arrest Reports Are Misleading
This is in response to Mr. Peter Goodman’s editorial dated April 29, 2018, published in the Las Cruces Sun-News concerning the Doña Ana County Sheriff’s Office involvement with Operation Stonegarden. This is a grant provided by FEMA (Federal Emergency Management Agency) that offers funding for border counties to help fight terrorism and to target organized crime in high-density narcotic and human smuggling areas. Doña Ana County acts as a fiscal agent and oversees the grant which is also available to other local agencies. This operation is a combined task force where each local law enforcement agency works in conjunction with other federal agencies, including Homeland Security, Border Patrol and Customs Enforcement, and was administered long before I took office.
Prior to taking the oath of office, I received numerous complaints from Homeland Security concerning how this grant was being managed. I immediately contracted an independent audit firm that worked with the State Auditor’s Office to conduct a thorough forensic review. Upon completion, the audit revealed the previous administration had not followed the guidelines regarding use of Stonegarden funds, and that the majority of overtime available through the grant was paid out to the command staff and not the non-supervisory staff, as intended by the grant. Upon receiving the audit findings, we implemented a corrective action, which included a directive enforcing the recommendations provided by the audit. Consequently, the county will have to return a significant about of funding back to FEMA as a direct result of these violations.
Why has this become an issue now that I am sheriff? This grant is not designed to target the immigrant community. When our deputies or participating agencies are working in this operation, they are working in a collaborative effort and not independently. These operations primarily work in strategic locations that target career criminals and organized crime. Those that were detained in these operations were done so under reasonable suspicion. CBP (Customs and Border Protection) has limited powers, and when they observe violations of state statutes, the local or state agencies have authority to take enforcement action, up to and including making an arrest. The federal authorities have certain thresholds before they will consider prosecution. In many of these instances, cases will be referred to state and local agencies for prosecution.
I can understand, and even appreciate, Mr. Goodman’s concerns after reviewing the reports submitted to CBP. Their reports do reflect that deputies assisted in the apprehension of individuals identified by CBP as “illegal immigrants.” Unfortunately, the reports do not provide the bigger picture of what actually transpired. The reports or documentation provided by DASO to CBP does have terminology that gives appearance that these apprehensions were referrals made by the arresting agencies. The reality is that because these were joint operations, the deputies at the scene were present with CBP. However, the deputy did not make the actual arrest or contact. I have been assured by my command staff that the department is not profiling or asking immigration status on traffic stops. If any person(s) are arrested for driving while intoxicated, or if they committed any violation of state statutes, they are taken to the Doña Ana County Detention Center for booking. I don’t oversee the detention center, and cannot provide the numbers of undocumented immigrants or how many cases were turned over to CBP. If any person(s) are issued citations, they are released and not detained.
This project is a viable program that has been instrumental in providing the additional funds needed to combat crime, especially when strapped state funding continues to drain law enforcement budgets countywide. The recent narcotics arrests made in the last couple of weeks took large amounts of narcotics off the streets. Along with the DEA, Operation Stonegarden, through the assistance of our deputies, played a significant part in these arrests. We have also encountered many instances where people were found dehydrated and many lives were saved. Unfortunately, some people were not as lucky, and their fate resulted in tragic deaths by the callous disregard of these criminal elements that prey on helpless individuals through human smuggling by leaving their victims to die of starvation and dehydration. In the last couple of months this operation also made several arrests that have taken methamphetamines off the streets.
As a sworn law enforcement officer, and duly elected sheriff, it is my duty to uphold the laws of the nation and state. It makes no difference to me what one’s national origin or immigration status is. If one violates the law, appropriate enforcement action will be taken. All are entitled to legal representation and a fair trial. My job is not to determine the outcome, but to provide public safety for the residents of this county. We are a border county and we must protect our nation from foreign and domestic terrorism. We must continue to fight against organized crime that threatens the safety of our communities. This program is also supported by our NM Congressional delegation, including members in my own party. I do support comprehensive immigration reform, but I don’t support criminal activities, regardless of immigration status that threatens our national security. Those that are convicted felons should be deported after they serve their sentences for their crimes. There is a big distinction in this reality and what has been portrayed by those who are constantly finding fault in me and my Office. As your Sheriff, and on my honor as a sworn public officer, I can assure the public that our Office is not engaging in racial profiling or purposefully targeting immigrants. Aside from Operation Stonegarden, which targets illicit and criminal activities, the public is not asked their immigration status during routine traffic stops or during calls for service. I have not received any complaints of this nature. However, if I do, they will be investigated.
As for the CBP reports detailed in the media, I will look into them, and work together with the management and legal departments of Doña Ana County to develop possible changes in the reporting and to maintain policies that are consistent with best practices.
NMPolitics.net: You’re facing several challengers in this year’s Democratic primary and a Republican opponent in the general election, if you make it that far. Why do you believe you deserve a second term as sheriff?
Vigil: I believe that I have fulfilled my campaign commitments during my first term. I would like to finish the second phase: bring staffing up now with the salary comparable to other large agencies, obtain professional accreditation, improve policies and standards of operations procedures, provide a regional training facility, seek a collaborative effort to provide school resource officers in Gadsden and Hatch School Districts, explore a regional crime laboratory and improve our existing substations and develop a Santa Teresa Substation. In short, I have always stood by my convictions by ensuring public safety was a priority and have not given in to party politics.