Joe Arpaio's office faces spending sanctions by Supervisors

Yvonne Wingett and Michael Kiefer -
May. 26, 2010 10:12 AM
The Arizona Republic

Sheriff Joe Arpaio's office faces a range of financial sanctions by the Maricopa County Board of Supervisors Wednesday morning, over county officials' suspicion that money was misspent.

Joe Arpaio has refused to turn over five years of financial data subpoenaed by the board which budget officials want to examine to confirm or disprove the suspicions and to help set his budget for the next year.


According to county records, the Supervisors at 10:30 a.m. will consider a new policy on outside bank accounts.

The policy would direct county officials to submit new requests for approval for outside bank accounts. The policy is meant to "establish the procedures, maintenance and reporting requirements for" all outside bank accounts within all county departments, including the courts. The policy authorizes the county manager to make sure officers are in compliance with the rules.

At 11:30, the board will consider:

Limiting all Sheriff's Office staff credit cards to a single transaction limit of $200, effective as soon as possible but no later than June 1. The action would forbid sheriff's officials of breaking transactions to smaller increments in order to avoid the $200 liimit.
Directing sheriff's chief financial officer Loretta Barkell to only use her county credit card for single transactions up to $200, effective immediately. Barkell would be allowed to use her card for emergencies with a single purchase of $50,000.
Requiring all Sheriff's staff to re-apply for cards by June 11. The chief procurement officer would cancel all cards unless they are approved by the county manager or his representative on or before June 30.
Directing county officials to create a credit card distribution policy for the board to consider. The policy would restrict county credit card distribution, use, or limits for the Sheriff's Office next fiscal year.
Directing county officials to propose travel policy changes for the board to consider. The proposal would limit all non-emergency travel for the Sheriff's Office next fiscal year.
Direct county officials to prepare further financial and management recommendations for the board to consider.

Sheriff's attorneys appealed to a Superior Court judge in an early morning telephonic hearing Wednesday, arguing that the board's actions come close to violating a temporary restraining order forbidding the board from ordering the sheriff to appear in a contempt hearing.

Attorney Kerry Martin felt the threatened actions came close to imposing contempt sanctions without actually proving contempt.

But Pima County Superior Court Judge Richard Gordon declined to take action, saying he was focused only on whether the board could order the sheriff to appear. A hearing on whether the board has authority to hold such a hearing is scheduled for June 4.

Gordon invited the attorneys to apply for another temporary restraining order if they felt the board exceeded its authority Wednesday. Martin said he may.

Sheriff's spokesman Brian Lee told The Republic Tuesday that his office anticipated sending a representative to Wednesday's meeting.

On Monday, the supervisors adopted a tentative countywide budget that froze the Sheriff's Office's access to racketeering and jail-enhancement funds starting July 1. The funds totaled about $3 million this year.

The potential sanctions include canceling Sheriff's Office credit cards, closing its outside bank accounts, restricting non-emergency travel or putting the office's $269 million budget on line-item spending plan. The board had promised the actions would not impact public safety.

Still, Sheriff's Office spokeswoman Lisa Allen told The Republic Tuesday any actions would have serious ramifications and could affect everything from street patrols to drug investigations, and disaster and terrorism response.

Without access to RICO funds, the Sheriff's Office will have to park about 100 patrol cars funded exclusively through such monies. Allen said the board is withholding tools necessary to keep the office running and keep the public safe.

"We don't feel they are operating within their own legal boundaries or their own policies," Allen said.

County spokeswoman Cari Gerchick said the county has an obligation to the public to take action.

http://www.azcentral.com/news/election/ ... 26-ON.html