ACLU and Illegal Alien Dismiss Class Action Lawsuit Against Coconino County Sheriff

FLAGSTAFF – – Plaintiff Guillermo Tenorio-Serrano was arrested by the Arizona Department of Public Safety on December 11, 2017, for driving under the extreme influence of intoxicating liquor. At the time of his arrest, Tenorio-Serrano blew .203 and .195 on the DPS Intoxilyzer. Tenorio-Serrano was taken to the Coconino County Detention Facility.

On December 12, 2017, the United States Department of Homeland Security, through ICE, sent a Notice of Action – Immigration Detainer and a Warrant for Tenorio-Serrano to the Coconino County Sheriff’s Office. The Detainer stated that there was probable cause to believe that Tenorio-Serrano was a removable alien and requested that the Coconino County Sheriff’s Office maintain custody of him for a period not to exceed 48 hours beyond the time he would otherwise be released in order for ICE officers to take custody of him.

Tenorio-Serrano and the ACLU filed a class action lawsuit against Coconino County Sheriff James Driscoll and Jail Commander Matthew Figueroa and alleged that the Sheriff’s policy of holding pretrial detainees after they have satisfied conditions for release on state charges, was unlawful and violated the Fourth Amendment to the United States Constitution and Article 2, Section 8, of the Arizona Constitution. Tenorio-Serrano and the ACLU sought a preliminary injunction ordering his immediate release.

Prior to the lawsuit, Sheriff Driscoll stated that it was his understanding that state law required the jail to cooperate with federal authorities and honor ICE detainer requests. The Sheriff further stated that he intended to cooperate with the lawful requests of federal authorities. He noted that the intent of Arizona state law is that state law enforcement agencies cooperate with federal agencies enforcing the immigration laws of the United States. The Sheriff also made it clear that “if a court having jurisdiction over us changes the law, we’ll change our policy to comply with that immediately.”

After legal briefing and oral argument, United States District Court Judge David G. Campbell ruled against the ACLU and Tenorio-Serrano on July 5, 2018. Judge Campbell determined that Tenorio-Serrano and the ACLU did not have “a fair chance of success on the merits,” and denied the request for a preliminary injunction.

Judge Campbell noted that the Sheriff would face serious hardship if the Court ordered him to refrain from complying with ICE detainers. The Judge further noted that an injunction would interfere with Sheriff Driscoll’s judgment as an elected official, would interfere with the Arizona Legislature’s policy determination that Arizona should cooperate with federal immigration enforcement, and might interfere with Arizona’s interest in preventing unlawful immigration as specifically recognized by the United States Supreme Court.

On July 30, 2018, Tenorio-Serrano, through his ACLU attorneys, moved to dismiss the class action lawsuit against the Coconino County officials. On August 20, 2018, Judge Campbell dismissed Plaintiff’s lawsuit.

As a result of the District Court’s ruling, the Coconino County Sheriff’s Office will continue to cooperate with federal authorities and honor ICE detainer requests. Sheriff Driscoll recognizes that there are different approaches to immigration policy. His main priority as a sworn law enforcement officer, however, is the safety of his community and the enforcement of the laws that he swore to uphold as the chief law enforcement officer of Coconino County.

Life jacket exchanges coming to Lake Powell and Kingman

The Arizona Game and Fish Department (AZGFD) has already exchanged a record number of life jackets this summer — more than 1,000 old, worn-out life jackets have been swapped for brand-new ones during numerous events held throughout the state.

Arizonans have two more chances to swap their life jacket for a new one. In September, the public is invited to join AZGFD and its partner organizations at the following life jacket exchange events (Type I and Type II life jackets will not be accepted):

  • Lake Powell at Wahweap Marina on September 1 from 10 a.m. to 2 p.m.
  • Kingman at the AZGFD regional office (5325 N. Stockton Hill Road) on September 8 from 10 a.m. to 1 p.m.
  • Lake Powell at Antelope Marina in front of the restaurant on September 14 from 2 p.m. to 6 p.m.

2018 marks the 10-year anniversary of AZGFD’s life jacket exchange program, and to commemorate the achievement the department is working toward the goal of exchanging 1,700 life jackets and has held events in new areas throughout the state.

“The life jacket exchange in Kingman is another example of AZGFD bringing this important program to new locations,” said Josh Hoffman, boating safety education coordinator for AZGFD. “Come out and meet us and our partner organizations, and take advantage of this program to ensure you have a new, properly fitting life jacket.”

For more information about boating in Arizona or to sign up for a free safety course, visit azgfd.gov/boating.

Batcam the latest live-streaming wildlife camera from AZGF

PHOENIX — They’re the chattery, fuzzy, winged creatures of the night and now they’re the star attractions of Arizona Game and Fish Department’s latest live-streaming wildlife camera.

AZGFD recently installed what is believed to be the first live-streaming wild bat roost camera in Arizona. Viewers tuning in to the “bat cam” can watch as migratory Yuma myotis bats, and other bat species, roost at the Cluff Ranch Wildlife Area near Safford in southeastern Arizona.

“Bats are truly amazing animals,” said Randy Babb, AZGFD Watchable Wildlife Program manager. “In Arizona, we have a wonderful diversity of bats that perform pretty much all the same tasks that birds do. Some – such as the lesser long-nosed and Mexican long-tongued bats – drink nectar, while others are voracious insect predators, consuming up to 1,000 mosquito-sized insects an hour. We’re really excited to offer this fascinating real-time glimpse into an active bat roost.”

Download bat cam footage

The bat cam can be viewed at www.azgfd.gov/livecams. The best chance to view the animals is from about 9 a.m. until noon, when they move into the open on the rafters to cool. At other times of the day the bats may be more concealed and difficult to view.

Bats were first observed in an old barn located on the Cluff Ranch property in 1992. It soon was discovered that at least one species was using the barn to birth and raise its young. While it does not appear to serve as an active nursery site now, today it is used by pallid bats, canyon bats, cave myotis and Yuma myotis.

In keeping with the department’s mission to conserve and protect all wildlife, the barn was set aside for the bats’ use, and disturbances are kept to a minimum to ensure their safety and continued use of the building.

“One of our goals as a department is to connect and engage the public with their wildlife,” Babb said. “Live-streaming wildlife cameras are just one more tool to do just that.”

Department biologists will be monitoring the bat cam and studying these fascinating mammals throughout the summer and early fall. The public is also invited to assist in these efforts by watching the bat cam and tweeting their observations to www.twitter.com/azgfd and using the hashtag #findthebats.

The bat cam is just the latest seasonal offering of live-streaming cameras by the Arizona Game and Fish Department. The department’s popular sandhill crane cam shows thousands of the migratory birds wintering in southern Arizona, while the desert pupfish cam offers a live view of the small fish’s daily life.

Arizona Wildlife Views TV receives 5 regional Emmy® nominations

PHOENIX — The Arizona Game and Fish Department’s award-winning television show, Arizona Wildlife Views, has received five regional Emmy® nominations from the Rocky Mountain Southwest Chapter of the National Academy of Television Arts and Sciences. The nominations are:

Category: Environment Program Special

Arizona Wildlife Views Show 3: https://youtu.be/ek0aaAo__Bw
David Majure, Producer
Ben Avechuco, Editor

Arizona Wildlife Views Show 1 (Eagle Conservation): https://youtu.be/FITV_o2g0hU
David Majure, Producer
Ben Avechuco, Producer, Editor

Category: Director – Non-Live (Post Produced)

Arizona Elk West Virginia Bound: https://youtu.be/naPnn8V4rP0
David Majure, Director

Category: Video Journalist

Shootin’ from the Saddle: https://youtu.be/FrztcS7Zk_c
David Majure, Producer, Videographer, Editor, Voice Talent

Category: Writer – Program (Non-News)

Counting Mexican Wolves: https://youtu.be/v8ZaXXET19Y
David Majure, Writer

The 2018 Rocky Mountain Emmy® Awards Gala will be held Saturday, September 22, at Chateau Luxe in Phoenix, where winners will be announced and receive their awards. There were 994 entries in this year’s competition. The Rocky Mountain Southwest Chapter consists of Arizona, Utah, New Mexico, Wyoming and El Centro, California.

Arizona Wildlife Views is a half-hour original series produced by the Marketing Branch of the Arizona Game and Fish Department. The show airs on local PBS stations, city cable channels across the state and YouTube. Full episodes and individual segments can also be viewed on the Game and Fish YouTube channel at https://www.youtube.com/user/magnusgrafex

AZGFD seeks public input on dedicated funding source for outreach, education and public awareness

AZGF Photo

PHOENIX — The Arizona Game and Fish Department (AZGFD) is still seeking ideas for establishing and maintaining a discretionary, dedicated funding source for outreach, education and public awareness efforts.

To view ideas received to date, or to submit ideas throughout the 30-day public input period that ends September 8, visit https://www.azgfd.com/agency/dedicated-funding-source/. Ideas also can be emailed to: ideas@azgfd.gov.

Draft funding alternatives, based on this public input, vetting and benchmarking, will be presented to the Arizona Game and Fish Commission during its public meeting September 21 at the Navajo County Heber Complex, 2188 W. Country Club Drive, in Overgaard.

There will be an additional opportunity for the public to provide input on select alternatives, based on Commission direction. AZGFD will host a public forum and webcast at 6 p.m. October 10 at department headquarters (Quail Room), 5000 W. Carefree Highway, Phoenix. The public will be able to ask questions or provide comments in person during the forum in the Quail Room, or by email from their smartphone or other device. The webcast also can be viewed at any AZGFD regional office, where the public also can submit their questions or comments via email.

The forum will kick off another 30-day comment period that ends November 8. AZGFD then will present potential funding option(s) to the Commission at its public meeting December 7 in Phoenix.

Team Transitions to Manage Both Cat Fire, Stina Fire

FREDONIA — Local crews have been working diligently on the Stina and Cat Fires as well as responding to Initial Attack on numerous lightning ignitions across the district. In order to take pressure off local resources, Kaibab fire officials have transitioned command of the Stina Fire to the Central West Zone Type Three Incident Management Team as of 6:00 a.m. today. The Stina and the Cat Fires are both under command of the team which will finalize suppression activities, direct mop-up, and initiate suppression repair.

Moisture received on the Cat and Stina Fires has effectively calmed fire behavior. No growth has occurred on either fire for several days. Fire managers are confident under the current conditions, fire growth is unlikely.

Resources:
165 personnel including 3 Hot Shot Crews, 1 Type 2 Crew, 7 Engines, 2 Ambulances, and 1 dozer

Cat Overview:
Date reported: August 6, 2018 Size: 3,688 acres

Strategy: Full suppression Containment: 0%

Location: The Cat Fire is about 25 miles southeast of Jacob Lake in the Saddle Mountain Wilderness on the North Kaibab Ranger District of the Kaibab National Forest.

Situational update: Containment figures are calculated based on a fire’s interaction with constructed or natural fireline. Since the Cat Fire never burned up to the constructed or natural fireline, no official containment was reached; however, there is little fire activity on the fire perimeter, and the fire remains confined within the initial planning area set by fire managers. The Cat Fire has been placed in Monitor Status.

Closures: Fire management resources have closed all roads within the planning area boundary, which includes FR 213 and 220 on the north, FR 610 on the south and east, and House Rock Valley Road 8910 on the east.

The following trails are closed: Arizona Trail from FR 213 to FR 610, North Canyon Trail, South Canyon Trail, Saddle Mountain Trail, and Pt. Imperial and Nankoweap Trails, which are both located on Kaibab National Forest and Grand Canyon National Park land. The closure will remain in effect until it is considered safe to enter the area. Roads 213, 219, 220 south of 213, 610 (Marbleview, South Canyon), 611 (East Rim), and 8910 south of 220 are also closed.

Stina Overview:

Start date: July 26, 2018 Size: 2,600 acres
Strategy: full containment Containment: 20%

Location: The Stina Fire is 23 miles southwest of Jacob Lake and about 2 miles east of Fire Point on the North Kaibab Ranger District of the Kaibab National Forest.

Situational Update: Resources continue to work on all sides of the Stina Fire. On the north and east flanks, crews are concentrating on mop-up and fire suppression repair. Along forest roads 268 and 223 on the south flank, crews continue to close gaps to secure fireline. Where the fire is in contact with the fireline, crews are cold trailing, carefully inspecting and feeling for heat, along the fire’s edge and extinguishing any hot spots that remain adjacent to the line.

Closures: A closure is in effect for Forest Roads 223 (going to Fire Point), 268, 206, 271, 609, 250 road south of the 250/294 junction, a portion of the 239 and all Rainbow Rim trails and scenic viewpoints south of Locust Point. The trail between Locust Point and Parissawampitts Point will remain open for forest visitors. The closure order will remain in place until it is considered safe to enter the area.

For fire information on the Kaibab National Forest, visit www.fs.usda.gov/kaibab and Inciweb under the name of the fire at https://inciweb.nwcg.gov or visit us on Facebook and Twitter @KaibabNF or call (928) 635-8311 for recorded fire information.

Coconino County Sheriff’s Office and The NARBHA Institute Partner for Mental Health First Aid Training

(L-R) Chief Deputy Bret Axlund; James Wurgler, MD, Chair and Founding Director of The NARBHA Institute; Sheriff Jim Driscoll; Valerie Ausband, HR Manager Sheriff’s Office. (CCSO Photo)

FLAGSTAFF – Recently the Coconino County Sheriff’s Office and The NARBHA Institute sponsored five Sheriff’s Office employees in attending classes to become certified Mental Health First Aid instructors. 

It is well recognized that our society is facing a mental health crisis. “We do our best to get people with mental health issues who come in contact with us the resources they need. However, the mental health crisis needs broad community involvement in developing solutions,” stated Sheriff Driscoll.

The Sheriff’s Office wants to be a part of the solution. “We believe that Mental Health First Aid training better equips our staff to recognize, understand, and respond to people with mental illness,” added Sheriff Driscoll. 

In 2015, the Coconino County Sheriff’s Office started training all Sheriff’s Office staff in Mental Health First Aid.  At that time, local area instructors facilitated the trainings.  To maintain our training program for staff, as well as in planning to be able to provide the training to our community, the Sheriff’s Office sought avenues to develop a cadre of trainers.

A longtime champion of community-based mental health care and collaborations, The NARBHA Institute supported the cost of the certification training for five Sheriff’s Office employees.  “We appreciate the Sheriff’s Office leadership in expanding mental health training for our community and region,” said Mary Jo Gregory, President and CEO of The NARBHA Institute. “This collaborative work helps build a culture of knowledge and empathy for mental wellbeing that is invaluable for people’s health.”

Sheriff Driscoll expresses his gratitude for the support of The NARBHA Institute in bringing Mental Health First Aid Training to Sheriff’s Office staff and the community.

Mental Health First Aid Training aims to educate people on how they can make a difference in the life of someone with mental health or substance abuse challenges by knowing what to do and what to say.  For more information about Mental Health First Aid Training, visit the organization’s website: https://www.mentalhealthfirstaid.org/.

Northeast flank of Stina: Highest priority for suppression efforts

FREDONIA — Fire managers are focusing on securing the northeast portion of the 1,289 acre Stina Fire as their top priority and began that with a small burn out operation today.

“We will continue to look for opportunities to secure the northeast flank, utilizing firing (burn out) opportunities when we can,” said Incident Commander Trainee Dave Veater.

The southeast portion of the fire is a lower priority than the northeast flank because this area has the Tipover Prescribed Fire from last fall directly in front Stina’s path providing a catcher’s mitt where fuels have been reduced. Elsewhere on the fire, firefighters completed hose lays and continued improving containment lines by removing vegetation. Also, two engines from the fire were utilized to suppress new lightning fires that were detected today on the North Kaibab Ranger District.

There are two 20-person hotshot crews and one 20-person Type-two hand crew, Seven fire engines and other totalling about 102 people on this fire. The fire fuel consists of Ponderosa pine, aspen and mixed conifer.

The Stina Fire is 23-miles southwest of Jacob Lake and about 2-miles east of Fire Point on the North Kaibab Ranger District of the Kaibab National Forest.

Central West Zone Type 3 Team, continues to manage the 2,500-acre Cat Fire with full suppression tactics with a total of 88 personnel including two hotshot crews and nine engines. Fire management decisions are determined with consideration of firefighter safety, location of the fire, available resources, regional and national preparedness levels, and weather forecast.

Maintaining the integrity of cultural and natural resources within the Saddle Mountain Wilderness is a key management objective. “While we are concerned about these valuable resources, our most important resource is people,” said Incident Commander Rob Williams.

Typically, there has been an increase in fire behavior during the warm afternoon hours. Due to cooler temperatures and higher moisture, activity was minimal with a small flare up that put up visible smoke for a short time in the afternoon. Crews are continuing to improve indirect line around the fire and clean up fuel breaks along Forest Road (FR) 219, as well FR 610 in order to tie into the Fuller Fire scar. Two local engines from the Cat fire were utilized to suppress two new lightning starts that were detected this afternoon on the North Kaibab Ranger District.

Fire management resources have closed all roads within the planning area boundary, which includes FR 213 and 220 on the north, FR 610 on the east and south, and House Rock Valley Road 8910 on the east.

The following trails are closed: Arizona Trail from FR 213 to FR 610, North Canyon Trail, South Canyon Trail, Saddle Mountain Trail, and Pt. Imperial and Nankoweap Trails, which are both located on Kaibab National Forest and Grand Canyon National Park land. The closure will remain in effect until it is considered safe to enter the area. Roads 213, 219, 220 south of 213, 610 (Marbleview, South Canyon), 611 (East Rim), and 8910 south of 220 are also closed.

Smoke is visible on both the North and South Rims of the Grand Canyon park, and there is a regional haze present in surrounding communities from multiple wildfires in the West. Individuals sensitive to smoke can learn how to help protect their health by visiting the Coconino County Public Health Services District website at: http://bit.ly/SmokeHealthAwareness.

Arizona Game and Fish Commission recognizes Kaibab National Forest for partnering to sustain wildlife waters

Michael Sedgeman and Travis Largent (both on right) accepted the Arizona Game and Fish Commission award on behalf of the Kaibab National Forest earlier this month. – Kaibab Forest photo

WILLIAMS – Earlier this month, the Arizona Game and Fish Commission recognized the Kaibab National Forest for partnering to sustain wildlife waters during recent drought conditions.

Specifically, the Kaibab National Forest was presented with a Commission Commendation of Achievement “for the continued partnership, stewardship, and unwavering commitment to wildlife conservation.” The recognition resulted from the two agencies teaming together during the exceptionally dry spring and early summer months to provide viable water sources for wildlife in Game Management Units 9 and 7W, which generally fall within the Kaibab National Forest’s Tusayan and Williams Ranger Districts.

“Due to the heightened fire danger and the additional fire resources we had available, we had the opportunity to provide some extra support to the Arizona Game and Fish Department,” said Jeremy Human, fire management officer for the Tusayan and Williams Ranger Districts. “Arizona’s wildlife is an important resource. A lot of what we do as an agency [Forest Service] is tied closely to the department’s wildlife management work, so this was an opportunity for us to be a good neighbor and do the right thing. We were able to accomplish meaningful work that made a difference when we weren’t actively engaged with responding to wildfires.”

Kaibab National Forest employees used large tenders to haul and deliver water to catchments that were identified as critical by Arizona Game and Fish Department wildlife managers. All told, more than 50,000 gallons of water were made available at priority locations across the forest, and hundreds of hours of equipment and personnel time were donated.

“We have a strong and ongoing partnership with the Arizona Game and Fish Department, and this was another example of how we can work together to improve outcomes for wildlife and support the missions of each agency,” said Travis Largent, wildlife biologist with the Kaibab National Forest. “We hope to continue our mutual efforts to achieve shared goals such as improving forest health and enhancing wildlife habitat.”

Water was a particularly scarce resource earlier this year due to the ongoing drought in Arizona and the extreme lack of winter precipitation. In fact, the Tusayan and Williams Ranger Districts had the driest October to June period on record in the past 25 years, creating potentially deadly conditions for area wildlife.

Across the state, the Arizona Game and Fish Department monitors and maintains thousands of water catchments in strategic locations. Due to the importance of these waters to diverse wildlife species and the exceptionally dry conditions prevailing in northern Arizona, the department faced the monumental task of trying to refill catchments that were quickly drying out statewide.

“They stepped in at a time when what we had in place wouldn’t have been able to cover the need,” said Nate Ragan, wildlife manager for the Arizona Game and Fish Department’s Game Management Unit 9. “They helped us when we needed it the most and got water to a lot of places that would have gone dry without them. It was a breath of fresh air to have that resource made available to us and to get the help when we most needed it.”

In addition to the Kaibab National Forest, many other partner and volunteer organizations also donated time and resources to the important work of sustaining these wildlife waters.

2018-19 dove, band-tailed pigeon regulations available online

PHOENIX — The Arizona Game and Fish Department has posted the 2018-19 Arizona Dove and Band-tailed Pigeon Regulations online at http://www.azgfd.com/Hunting/Regulations.

The regulations have been produced in a format that hunters will find particularly handy in the field. The color brochure is easier to read and features important hunting information, such as season dates, daily bag and possession limits, and legal requirements, at a glance.

Hunters 18 and older must possess a valid Arizona hunting license, as well as a migratory bird stamp for the 2018-19 season — both of which can be purchased online now at https://license.azgfd.gov/home.xhtml.

For everything else “dove,” visit www.azgfd.gov/dove.

Dove hunters play an important role in conservation. Wildlife and Sport Fish Restoration Program (WSFR) (SEE PDF) funds are comprised of excise taxes collected on the sale of hunting and fishing equipment (including 11 percent on ammunition), the benefit of which comes right back to Arizona for habitat improvements, shooting ranges, boating access and more.

Buy a combo hunt and fish license – and enjoy the “Best of Both Worlds”

Don’t just buy a hunting or a fishing license. Go online today and purchase a combo hunt and fish license that will be valid for the next 365 days — and for only $20 more (for state residents) than the price of an individual hunting or fishing license.

Fish are biting, doves are coming, so don’t miss out. It’s time to enjoy the “Best of Both Worlds.” Buy your combo hunt and fish license today. Visit https://www.azgfd.com/bestofbothworlds/.