Uniformed and on-duty, outgoing Sheriff Shane Nelson and Capt. Bill Bailey — who Nelson is backing in the upcoming sheriff’s election — used sheriff’s office golf carts at the county fair in August and handed out cards for Bailey’s campaign website, an office spokesman confirmed.

Oregon law prohibits public employees from conducting campaign activities while on duty, but the law does not apply to elected public officials like Nelson, according to the Oregon Secretary of State election law manual.

Capt. Paul Garrison sent a memo to personnel on October 30, explaining election rules for sheriff’s office employees. It states: “(Deschutes County Sheriff’s Office) employees may not distribute any material that contains political advocacy while on-duty or while using county resources.”

The memo instructs employees not to “display … materials indicating support or opposition of a candidate or ballot measure in your workplace or in or on a DCSO vehicle.” The rules apply to all office employees except the sheriff, who is “legally allowed to engage in political activities that ‘public employees’ are not,” the memo states.

Violating sheriff’s office policies “may result in internal investigations and discipline,” the memo states.

Deschutes County Legal Counsel David Doyle said that the county’s legal team “has concluded that providing a card with campaign contact information to someone who initiates campaign-related engagement with the candidate at a time when the candidate is on duty, does not constitute a campaign activity that is prohibited by state law.”

“It represents a simple courtesy, nothing more,” he said.

The sheriff’s office legal counsel also said Bailey did not violate office policy, according to Sgt. Jason Wall, a spokesman. Bailey also said in a statement Wednesday that he didn’t violate policy. 

“I have never campaigned on duty, nor do I ever intend to,” said Bailey, who organized a candidate committee in July and officially filed to run for office on September 14.

The Deschutes County Sheriff’s Office has said it paid more than $37,700 on five golf carts in 2023 for outreach efforts and to improve emergency response times at events like the Deschutes County Fair.

When fairgoers asked Bailey whether he was running for sheriff in August, Bailey “would advise the community member he could not campaign while on duty and would hand them a card established specifically for his campaign directing that community member to his campaign website,” Wall said in a statement. 

Deschutes County Sheriff Shane Nelson to retire; captain plans to run for top job

Deschutes County Sheriff Shane Nelson to retire; captain plans to run for top job

Nelson was with Bailey while driving around in golf carts at the fair and speaking with community members. If people asked Nelson about his plans to retire this year, he endorsed Bailey, Wall’s statement said.

“The Sheriff further advised he was not seated in the golf carts while engaging with the community members,” Wall’s statement said, “however if these community members asked about who he was planning to endorse he would provide them with a card with information about Captain Bailey’s campaign website.”

Laura Kerns, a spokeswoman with the Oregon Secretary of State, which oversees elections, said: “Unless we’ve done a formal investigation in response to a complaint received, we can’t speak to specific situations like this.”

Kent Vander Kamp, who is running against Bailey for sheriff, said in a statement to The Bulletin: “it is crucial to uphold transparency to maintain public trust.”

“When law enforcement officers engage in political endeavors while on duty, it is essential to openly communicate the nature of these activities to prevent any perception of unfairness, impartiality, or unprofessionalism within the community,” he added. 

Lynne Connelley, a 76-year-old Bend resident and retired real estate agent, said she was at the fair with her grandchildren and was walking back to the barn when she saw Nelson handing out what she described as “campaign literature.” With him, she said, were at least four sheriff’s office employees.

Connelley said she was “appalled” to see uniformed officials handing out campaign material while using a sheriff’s office vehicle.

“It’s inappropriate,” said Connelley. “It’s on our time.”

The golf carts were among a variety of purchases in 2023 reported in an article in The Bulletin in November, including tens of thousands of dollars for the slushy machine, fitness trackers, fruit bowls and a free meal program in the jail for employees.

$3k slushy machine and a satire website: Deschutes County Sheriff’s Office faces spending scrutiny

$3k slushy machine and a satire website: Deschutes County Sheriff’s Office faces spending scrutiny

The sheriff’s office originally disclosed to the newsroom in November that it had only bought two golf carts in 2023 — $7,500 each — and it did not answer a question about parts and upgrades to the golf carts.

When asked last week about records indicating they spent more than double the amount previously disclosed — including more than $12,200 on parts and upgrades on two of the golf carts — Bailey and Wall apologized to The Bulletin, saying there was a misunderstanding and that they didn’t know about the three additional golf carts.

Deschutes County Sheriff’s Office spends $37k on golf carts, more than previously disclosed

Deschutes County Sheriff’s Office spends $37k on golf carts, more than previously disclosed

The sheriff’s office in May also purchased a $3,115 slushy machine and attached it to one of the golf carts for officials to drive around events. Bailey, who approved the purchase, explained that it was part of efforts to build stronger relationships and connections in the community, particularly among youths.