Thread: Public Defender Garcia didn't violate county rules at Arpaio

Public Defender Garcia didn't violate county rules at Arpaio protest, Huckelberry says
A.J. FLICK
Published: 09.08.2008
Pima County Administrator Chuck Huckelberry has found that Pima County Public Defender Isabel Garcia didn't violate any policy by protesting at a controversial event.
Garcia was present at a protest over Maricopa County Sheriff Joe Arpaio's July 10 book signing at a local store. Video of Garcia holding the severed pinata head with Arpaio's face on it has been widely distributed on the Internet.
Garcia is a member of Coalición de Derechos Humans, which organized the protest.
Huckelberry's memo, which was released Monday, states that "no disciplinary action is warranted in this matter."
According to the memo, Garcia:
• Attended the book signing protest as a private citizen.
• Didn't know beforehand that a pinata was being brought or would be in Arpaio's likeness.
• Didn't recruit or organize the youths who destroyed the pinata.
• Didn't strike the pinata,
• Didn't participate in any picketing or chanting during the pinata breaking.
• Complied with police officers to help them move the protest away from the store's entrance.
• Didn't participate in any illegal activity.
• Hasn't used her office or county resources for any outside activity.
Deputy Maricopa County Chief John J. MacIntyre complained to Huckelberry that Garcia allegedly violated attorney ethical rules, but Huckelberry said that's something for the State Bar of Arizona to decide.
Huckelberry said one of the factors that weighed heavily in his decision was that Arpaio was appearing at a private event, not as an official duty.
Huckelberry wrote that county ethical rules don't cover events outside official duties. After researching other policies at various entities, from other Arizona counties to the Arizona Republic newspaper, Huckelberry noted that such policies "vary in specificity regarding off-duty activities, and use terms that are vague and difficult to enforce.
"What is embarrassing or inappropriate to one person may not be to another," Huckelberry wrote.
Huckelberry directed the county's Human Resources department to raise the issue of whether to revise county policy with the Pima County Merit System Commission.

http://www.tucsoncitizen.com/daily/local/96111.php

"What is embarrassing or inappropriate to one person may not be to another," Huckelberry wrote.

This is the stupidest comment I have heard to date, well almost.
Does that mean that violating laws may be inappropriate or embarrassing to a law abiding citizen may not be to those that are breaking the law?

Here is the actual Memo: Check the link as it gives "details on the claims of the "hundreds of people" that wrote to Huckelberry. I didn't include that here, it is too long.

Date: September 8, 2008
To: The Honorable Chairman and Members From: C.H.
Pima County Board of Supervisors
Re: Legal Defender Isabel Garcia's Conduct at the Derechos Humanos Protest of the
Maricopa County Sheriff Joe Arpaio Book Signing Event at the Barnes and Noble
Bookstore Located at 5130 East Broadway on July 10, 2008 at Approximately
6:15 P.M.
Description of Incident
On July 10, 2008, Derechos Humanos, No More Deaths, and a number of other community
groups organized a protest of the Maricopa County Sheriff Joe Arpaio book signing event at
Barnes and Noble. A few protestors had gathered inside the Barnes and Noble Bookstore and
were interrupting a radio interview being conducted within the facility and were asked by
Tucson police officers who were present to leave the store. I also understand that some may
have been escorted out by Maricopa County Sheriff's deputies. In discussing this with the
Barnes and Noble manager, approximately three protesters were in the building, and his main
concern was over blocking the entrance to the bookstore.
Outside, the protest was joined by several youth who had brought with them a piiiata adorned
in attire similar to a law enforcement officer, depicting a man with pink underwear and pink
handcuffs, along with a Xerox of the face of Sheriff Arpaio affixed to the head of the piiiata.
The manager of the store had asked police officers to try to keep the protest from blocking the
entrance. At that time Isabel Garcia, Legal Defender, had joined the activity, though not
directly involved in any picketing or chanting protest activity (which will be addressed later in
this report). Due to her being recognized, she was approached by a Tucson police officer who
asked her to assist in relocating the protestors away from the entrance to the Barnes and
Noble. She agreed to do so.
During the protest the piAata was struck vigorously by the youth attending the protest, at
which time the head became separated from the body. Legal Defender Garcia picked up the
head and held it in one hand, which appears in a YouTube video clip, above her shoulder while
in the parking lot for a few seconds before moving off to the sidewalk area. No visible jumping
movements or arm thrust:; were evident in the observed video clip. The video clip and resulting
publicity, primarily from activity on the Jon Justice Radio Show (104.1 FM, The Truth),
prompted my office as well as the Board offices to receive numerous e-mails and phone calls,
calling for the dismissal of Legal Defender Isabel Garcia. Sometime thereafter e-mails
supporting Legal Defend~er Garcia started being received by my office and the Board. A
complete listing of all e-mails received by my office, both for and against Legal
Defender Garcia, is summarized as Attachment 1.
The Honorable Chairman and Members, Pima County Board of Supervisors
Legal Defender Isabel Garcia's Conduct at the Derechos Humanos Protest of the Maricopa
County Sheriff Joe Arpaio Book Signing Event at the Barnes and Noble Bookstore
Located at 5130 East Broadway on July 10, 2008 at Approximately 6:15 P.M.
September 8, 2008
Page 2
Due to the high volume of complaints and/or concerns over this incident, I conducted a review
of the matter to determine if any County policy prevented Legal Defender Garcia's attendance
at the protest and if her actions violated any code of conduct or personnel policies of the
County. In the following sections I will highlight my review and findings on this matter.
Official Requests for Review of this Matter
On July 15, 2008, 1 rece~iveda letter from the Deputy Chief of the Maricopa County Sheriff's
Office protesting and obj~sctingt o the actions of Legal Defender Isabel Garcia. In addition, on
that same day I received a memorandum from Supervisor Ann Day regarding the Legal
Defender and her conduct at the Barnes and Noble Bookstore, asking my office to investigate
three specific areas. The initial letter received from the Maricopa County Sheriff's Office and
Supervisor Day's memorandum are attached as Attachments 2 and 3 to this report.
This report will be published and posted on the County web page for any interested party to
review. Contained within this memorandum will be direct responses to the questions and
issues raised by Supervisor Day and the Maricopa County Sheriff's Office, including two
subsequent letters from the Maricopa County Sheriff's Office, as well as the numerous e-mails
and letters I have received on this subject.
Complaints Re~ardinath e lncident
In reviewing the e-mails, letters, phone calls and other information forwarded to me on this
subject, the complaints fall into the following categories.
1. Violation of Attornev Code of Conduct
2. Violation of Countv Code of Conduct
3. llleqal Activitv
4. lncitinq Violence Aclainst a Law Enforcement Official
5. Improper Influence of Minors
Post lncident Complaint
At the Board of Supervisors public hearing under Call to the Public on August 5, 2008, an
additional complaint was lodged against Legal Defender Garcia, that being that she uses her
time, office staff and County resources as well as equipment to engage in activities related to
border and immigration issues which are not related to the official duties of her office.
The Honorable Chairman and Members, Pima County Board of Supervisors
Legal Defender Isabel Gisrcia's Conduct at the Derechos Humanos Protest of the Maricopa
County Sheriff Jot? Arpaio Book Signing Event at the Barnes and Noble Bookstore
Located at 5130 East Broadway on July 10, 2008 at Approximately 6:15 P.M.
September 8, 2008
Page 3
1 . Violation of Attornev Code of Conduct - This complaint appeared in a number of e-mails
and, specifically, in the first letter from the Maricopa County Sheriff's Office from Deputy
Chief John J. Maclr~tyre. I understand that Chief Maclntyre is an attorney, hence the
nature of the complaint and specificity regarding Arizona Bar Code ethical violations. I
wrote to the State Bar on July 21, 2008 (Attachment 41, forwarding his letter and
inquiring as to whether or not the conduct of Legal Defender Garcia violated the ethical
requirements and the rules of professional conduct. On August 7, 2008, the State Bar
responded regarding "Ms. Garcia's conduct at the book signing and that the matter is in
the prescreening prolcess to determine whether a screening investigation is warranted."
(See attached August 7, 2008 letter, Attachment 5.) The County is not the entity that
enforces the State Bar of Arizona rules of professional conduct, therefore this complaint
cannot be resolved by the County. Former Arizona Supreme Court Justice Tom Zlaket has
volunteered to represent Ms. Garcia in any proceeding related to this matter.
2. Violation of Countv Code of Conduct - Most e-mails referencing this violation cited the
rules of conduct tha.t state that County employees are to treat the public with respect.
Possible applicable rules are quoted below:
Pirna County Personnel Policies - 7-1 19 - Rules of Conduct
P. Do not engage in physical violence or threats of physical violence with fellow
employees and the public.
S. Treat all co-workers and general public in a courteous manner
The County Rules of Conduct (Attachment 6) are intended to guide employee activities
in the workplace duriing working hours and dealing with the public during the course of
their official duties (see first sentence of policy). They are not written to specifically
govern or relate to off-duty or private activities of an employee. My office has not
previously, during the course of Legal Defender Garcia's employment, received any
complaint regarding how Ms. Garcia has conducted her official duties as the Legal
Defender of Pima County. Therefore, County Rules of Conduct and Personnel Policies do
not apply to the Barn~es and Noble incident.
3. llleaal Activitv - On July 21, 2008, 1 inquired of the City Manager regarding the incident
at Barnes and Noble that occurred on July 10, 2008 (Attachment 7). 1 asked a series of
questions related to the incident. A response was received from the Interim Chief of
Police, Kermit Miller, on July 23, 2008 (Attachment . In these responses it is clear that
no illegal activity took place at the Barnes and Noble Bookstore. Given the high profile
nature of Sheriff Arpa~ioa nd the presence of individuals t o protest his policies, the Tucson
The Honorable Chairman and Members, Pima County Board of Supervisors
Legal Defender Isabel Garcia's Conduct at the Derechos Humanos Protest of the Maricopa
County Sheriff Joe! Arpaio Book Signing Event at the Barnes and Noble Bookstore
Located at 5 130 East Broadway on July 10, 2008 at Approximately 6:15 P.M.
September 8, 2008
Page 4
Police Department was present. There were no calls by the shopping center owner or
manager of the Barnes and Noble to the Tucson Police Department for assistance; there
were no citizen 91 1 emergency calls made regarding an incident; there were no police
reports written: there were no citations issued nor arrests made. Hence, there was no
cited illegal activity occurring at this lawful protest.
4, lncitinq Violence Aqainst a Law Enforcement Official - Many of the e-mails and oral
testimony before the Board on August 5, 2008, particularly from law enforcement
organizations, indicated that the protest and the beating of the pifiata was misconduct on
behalf of the Legal Defender as she was encouraging or inciting violence against a law
enforcement official. Reliable information, as well as a written report to me on the
incident dated August 18, 2008 (Attachment 91,indicates that Legal Defender Garcia was
completely unaware that a pifiata was being brought to the protest event, therefore she
could not have been aware that the pifiata would be dressed or adorned to represent a
likeness of Sheriff Jc~eA rpaio
From the video clips Ihave observed and as related by other witnesses, she did not chant,
cheer or encourage the violent destruction of the pifiata. The head became severed during
the event and she did in fact pick up the head and raise it with her right hand above her
shoulder in the parking lot and then walk to the sidewalk. In my discussions with
Ms. Garcia, she indicated that she picked up the head to move the protesters further away
from the entrance to the store.
After the initial correspondence from the Maricopa County Sheriff's Office, I asked the
Sheriff to clarify the public purpose of the event to determine whether or not it was an
official governmental function sanctioned by Maricopa County or rather a private event
attended by an elected official of Maricopa County for personal profit (Attachment 10).
The response that I have received from the Maricopa County Sheriff's Office in letters
from John Maclntyre evades the question and provides no answer regarding the public or
private nature of the event. Based on the lack of response from the Sheriff, I must
assume the book signing event was for the private financial benefit of Mr. Arpaio.
Such, I believe, is an important point. (See attached letters dated August 5 and
August 14 from Deputy Chief John J. Maclntyre - Attachments 11 and 12.)
Chief Maclntyre did forward additional DVDs and video clips, which I observed. The first
DVD is nothing more than a repeat of the YouTube short video clips lasting 30 seconds
and 55 seconds. The second DVD is a much longer DVD from a Tucson videographer.
This DVD is 10 minutes and 12 seconds long. On it is an exchange between protestors
and Sheriff Arpaio and demonstration activities of the protesters. Nowhere in this
10 minutell 2 second DVD is Ms. Garcia seen. Another County employee, Margo Cowan
of the Public Defender's Office, is prominently seen calmly and peaceably protesting the
The Honorable Chairman and Members, Pima County Board of Supervisors
Legal Defender Isabel Grrrcia's Conduct at the Derechos Humanos Protest of the Maricopa
County Sheriff Joe! Arpaio Book Signing Event at the Barnes and Noble Bookstore
Located at 5 130 East Broadway on July 10, 2008 at Approximately 6:15 P.M.
September 8.2008
Page 5
book signing event. Based on the observable facts that are clearly evident in the DVD's,
the proposition of the Maricopa County Sheriff's Department for "Pima County to remove
this hate mongering provocateur from its upper management" cannot be supported and
is grossly exaggerated.
Given Legal Defender Garcia did not know the pifiata was being brought to the event; did
not know the adornrnent of the pifiata; did not strike the piiiata; is not seen chanting or
reacting in a cheerin!g or celebratory manner during the short exposure on the YouTube
video clip; and, since the Maricopa County Sheriff function was a private, for-profit
function of an individual, not a public function endorsed and sponsored by a local
government or local law enforcement function, I cannot conclude that Ms. Garcia is
condoning or inciting violence against a law enforcement official.
5. Improper Influence of Minors - Pursuant to my interviews with Legal Defender Garcia, she
was unaware that minors, and those in particular, would be present at the protest; did not
invite them; did not o~rganizeth em; and did not supervise them at the event other than to,
at the request of the Tucson Police Department, try to manage the protest event, which
included the youth. 'Therefore, I cannot conclude that she was an improper influence on
the minors who attended the protest.
Improper Use of Countv Resources and Off-Dutv Protest Activities
This allegation has not been prominent in any e-mails received on this matter; however, the
issue was raised at the Call to the Public during the Board meeting of August 5, 2008. This
allegation was broken dov~nin to the use of Ms. Garcia's personal time and whether or not her
activities, which may occur during normal business hours, are properly accounted for in her
time records. Both myself and Deputy County Administrator Martin Willett have discussed this
matter previously with M:s. Garcia as the issue has arisen previous to the Barnes and Noble
event. Ms. Garcia has diligently taken vacation time, even when County rules and policies may
not have required it, in order to avoid a claim of improperly using County resources to promote
a private activity. In reviewing her time and attendance forms, she has taken appropriate leave
hours during particular events that may have appeared to be during normal business hours.
In addition, she has provided a specific time accounting of time used for this year. In my past
experience with Ms. Garcia she has been diligent in ensuring that any activities that she
attends during normal business hours that may relate to border issues are accounted for
through the use of vacation time.
This allegation has been expanded to imply that she used County equipment and personnel on
these same activities. For this reason Iinterviewed four of her staff. The four interviewed are
individuals who are in the office most of the time and would have observed Ms. Garcia using
County equipment or staff for these purposes if such occurred. In each interview with each
employee it was indicated that such had not occurred and, to the contrary, that Ms. Garcia
The Honorable Chairman and Members, Pima County Board of Supervisors
Legal Defender Isabel Garcia's Conduct at the Derechos Humanos Protest of the Maricopa
County Sheriff Joel Arpaio Book Signing Event at the Barnes and Noble Bookstore
Located at 5 130 East Broadway on July 10. 2008 at Approximately 6:15 P.M.
September 8, 2008
Page 6
was very aware of potential allegations and went to great lengths to avoid receiving calls or
conducting any type of business related to border activities, even during lunch periods. Hence,
the allegation that she used County paid time to promote these activities or other resources
of the County for same cannot be substantiated.
Code of Conduct Review and Possible Revisions of the Countv Code of Conduct
In the memorandum frorn Supervisor Day it was requested that a review of our Code of
Conduct be undertaken to determine if the existing Code of Conduct is either unclear or does
not address off-duty activity. The County Code of Conduct does not specifically address offduty
activities, hence a review of various codes of conduct in the private and public sectors
was undertaken by Human Resources. A summary of the various public entity and private
sector codes of conduct ;as they apply to off-duty employees is contained in a memorandum
dated July 31, 2008 fro'm the Human Resources Director (Attachment 13). In summary,
certain codes from other counties or private sector employers address off-duty activities, such
as:
1 . Apache Countv - "Engaging in conduct, either during or outside of regular hours, that
causes discredit to the County."
2. Court employees (all state courts) - "Judicial employees shall conduct their outside
activities so as to avoid a negative effect on the court or their ability to perform their
duties."
3. Gannet Arizona Reoub& - "A 'conflict of interest' exists when a person's private interest
interferes in any way' with the interest of the Company."
4. Lee Enterprises Arizo~na Daily Star - "A 'conflict of interest' exists when a person's private
interest interferes in any way with the interest of the company. A conflict situation can
arise when an employee, officer or director takes actions or has an interest that may make
it difficult to perform company work objectively and effectively."
5. City of Tucson - "Conduct themselves in a manner, on and off duty, that does not
discredit the City or department in a manner that affects its ability to perform its mission."
6. Coconino County - "The maintenance of high standards of honesty, integrity, impartiality
and conduct by County employees is essential to ensure the proper performance of
County business anmd the maintenance and confidence by citizens in their County
government."
The Honorable Chairman and Members, Pima County Board of Supervisors
Legal Defender Isabel Gisrcia's Conduct at the Derechos Humanos Protest of the Maricopa
County Sheriff Joe Arpaio Book Signing Event at the Barnes and Noble Bookstore
Located at 51 30 East Broadway on July 10, 2008 at Approximately 6:15 P.M.
September 8, 2008
Page 7
7. Gila County - "Coun-ty employees shall . . . conduct themselves in a manner that will not
bring discredit or ernbarrassment to the County." "County employees shall not . . .
engage in outside employment or other activity which is not compatible with the full and
proper discharge of the duties and responsibilities of County employment, or which tends
to impair the employee's capacity to perform the duties and responsibilities in an
acceptable manner."
8. Marico~aCounty - "Employees shall not engage in outside employment or other outside
activity which is not compatible with the full and proper discharge of the duties and
responsibilities of their county employment, or which tends to impair their capacity to
perform their county duties and responsibilities in an acceptable manner."
9. Mohave County - "County employees are expected to maintain high standards of honesty,
integrity, impartiality and to conduct themselves so as to assure the proper and efficient
conduct of County blusiness and to promote the confidence of the citizenry in the quality
of their County government."
10. Pima County Sheriff's Department - "Pima County Sheriff's Department members shall
conduct their private and professional lives in a manner that will reflect favorably on the
Department as well as themselves."
1 1. Pima Communitv C o l l w - "Maintaining high standards of honesty and integrity, free from
personal considerations, bias or favoritism."
12. Pinal Countv - "They shall protect the County's assets and its reputation through
professional and personal conduct that is above reproach."
13. State of Arizona - "A state service employee shall at all times conduct himself or herself
in a manner that will not bring discredit or embarrassment to the state."
14. Tucson Unified School District - "Every employee assumes responsibility for providing
leadership in the District, their work site and the community. This responsibility requires
an employee to maintain standards of exemplary conduct."
15. Universitv of Arizona - "When the faculty speak or act as private persons, they avoid
creating the impression of speaking or acting for the college or University."
16. Yavapai Countv - "They shall be courteous, considerate and prompt in dealing with and
serving the public and shall conduct themselves in a manner that will not bring discredit
or embarrassment to the County."
The Honorable Chairman and Members, Pima County Board of Supervisors
Legal Defender Isabel Garcia's Conduct at the Derechos Humanos Protest of the Maricopa
County Sheriff Joe Arpaio Book Signing Event at the Barnes and Noble Bookstore
Located at 5130 Eest Broadway on July 10, 2008 at Approximately 6:15 P.M.
September 8, 2008
Page 8
17. Yuma Countv - "Shell not engage in outside employment or other activity which is not
compatible with the full and proper discharge of the duties and responsibilities of County
employment, or which tends to impair the employee's capacity to perform the duties and
responsibilities in an acceptable manner."
As can be seen from the review of these codes of conduct, they vary in specificity regarding
off-duty activities, and use terms that are vague and difficult to enforce. What is embarrassing
or inappropriate to one person may not be to another. For this reason I have asked the Human
Resources Director to place an item of possible revisions to the County Personnel Policies and
Code of Conduct before the Pima County Merit System Commission to obtain their review and
recommendation regarding any possible amendments they believe may be necessary to the
existing County Code after reviewing all of the codes of conduct of various governmental
entities performed by our Human Resources Department.
Summarv
In summary, Isabel gar cia^, the Legal Defender:
1. Attended the Barnes and Noble protest as a private citizen;
2. Had no knowledge off a piiiata being brought to the protest;
3. Did not know the piiiata would be in the likeness of Sheriff Joe Arpaio;
4. Did not recruit or organize the youth who destroyed the pifiata:
5. Did not strike the piiiata;
6. Did not participate in any picketing or chanting during the piiiata breaking;
7. Was asked by Tucson Police officers to assist in moving the protest away from the Barnes
and Noble entrance, \ ~ h i c hsh e agreed to do;
8. Did not participate in any illegal activity; and
9. Has not used her office or County resources for any outside activity.
Therefore, no disciplinary ,action is warranted in this matter.
The Honorable Chairman and Members, Pima County Board of Supervisors
Legal Defender Isabel Garcia's Conduct at the Derechos Humanos Protest of the Maricopa
County Sheriff Joce Arpaio Book Signing Event at the Barnes and Noble Bookstore
Located at 5130 East Broadway on July 10. 2008 at Approximately 6:15 P.M.
September 8, 2008
Page 9
Expectations Defined
In my conversation with Isabel Garcia, the Legal Defender, regarding this incident, she is truly
remorseful regarding this matter. I had previously instructed her not to respond to media
inquiries relating to this incident until the review was completed. She has complied. I asked
her to fully document her recollection of the incident. She has complied. I asked for her
apology regarding the difficulty incurred by Pima County regarding this incident. She has
complied. Had a management official of the County purposefully interfered with the legitimate
business activities of a private business, even on their own off-duty time, I would discipline
said employee of Pima County. She did not interfere with the business of Barnes and Noble.
My expectations regarding this matter as it may relate to future activity have been clearly
conveyed to Ms. Garcia.
Attachments

http://www.pima.gov/depts/Admin/bd-isab ... report.pdf

Published: 09.09.2008
Public defender didn't violate rules in immigration protest
County: Demonstration with piñata OK despite public job
A.J. FLICK
Tucson Citizen
Pima County Administrator Chuck Huckelberry says Pima County Public Defender Isabel Garcia didn't violate any policy by protesting at a controversial event.
Garcia attended a protest over Maricopa County Sheriff Joe Arpaio's July 10 book signing at a local store. Video of Garcia holding a severed piñata head with Arpaio's face on it has been widely distributed on the Internet.
Garcia belongs to Coalición de Derechos Humans, which organized the protest.
Huckelberry's memo, which was released Monday, states that "no disciplinary action is warranted in this matter."
According to the memo, Garcia and Arpaio were both appearing at the event as private citizens.
Garcia also complied with police to move the protest away from the store's entrance, Huckelberry said.
In addition, he said his investigation showed Garcia hasn't used her office or county resources for any outside activity.
Arpaio's deputy chief, John J. MacIntyre, said that Garcia violated lawyer ethics rules, but Huckelberry said that's something for the State Bar of Arizona to decide.
The State Bar couldn't confirm Monday whether there are active complaints against Garcia.
Garcia didn't return a call seeking comment.
Huckelberry wrote that county ethical rules don't cover events outside official duties. After researching other policies at various entities, from other Arizona counties to the Arizona Republic newspaper, Huckelberry noted that such policies "vary in specificity regarding off-duty activities, and use terms that are vague and difficult to enforce.
"What is embarrassing or inappropriate to one person may not be to another," Huckelberry wrote.
Huckelberry asked Human Resources department to discuss whether to revise county policy with the Pima County Merit System Commission.
The county heard from 775 writers and callers in favor of Garcia's actions, 229 against.

http://www.tucsoncitizen.com/ss/frontpage/96111.php

Reading through some of the "1000" names (some of you may be listed in this document) from the emails and calls that Huckelberry's office received, it is obvious that her organization Derechos Humanos and others like it, set up an organized campaign to contact Huckelberry as they anticipated him being bombarded with public response.

He obvious sides with the "open border advocates" crowd as they are documented as "advocates" on his paperwork.

Garcia will face no discipline from county

06:45 PM MST on Monday, September 8, 2008

By Bob Richardson, Fox 11 News

Related

Click to read the Isabel Garcia memo (pdf)

Click to read the full report (pdf) - 5 MB

Isabel Garcia, the head of the Pima County Legal Defender Office and an activist with Derechos Humanos has apologized for her actions at a protest on July 10, but will face no disciplinary action because of it.

Garcia joined others at the Barnes and Noble store on Broadway and Rosemont to protest the presence of Maricopa County Sheriff Joe Arpaio. Arpaio had agreed to speak to a group inside the store and sign copies of his latest book.

During that, Garcia was on a bullhorn outside the store protesting. The group was upset over policies Sheriff Arpaio has implemented in Maricopa County over illegal immigrants.

At one point, some young people produced a pinata with Arpaio's face on it a and began beating it with a bat.

Led by a morning radio talk show host, numerous organizations and groups protested her actions to the county.

In a lengthy report, County Administrator Charles Huckelberry today said his investigation has turned up no violations of county policy or state laws in Garcia's actions that day.

"What is embarrassing or inappropriate to one person may not be to another," Huckelberry wrote.

He did request the county Human Resources Department visit the vague county policies on outside activities and possibly ask the County Merit System Commission to revise them.

Huckelberry made these findings as to Garcia's actions that day:

-- She attended the Barnes and Noble protest as a private citizen;

-- She had no knowledge of a pinata being brought to the protest;

-- She did not know the piniata would be in the likeness of Sheriff Joe Arpaio;

-- She did not recruit or organize the youth who destroyed the pinata;

-- She did not strike the pinata;

-- She did not participate in any picketing or chanting during the pinata breaking;

-- She was asked by Tucson Police officers to assist in moving the protest away from the Barnes and Noble entrance, which she agreed to do;

-- She did not participate in any illegal activity;

-- And she has not used her office or County resources for any outside activity.

"Therefore, no disciplinary action is warranted in this matter," Huckelberry said.

But Huckelberry says Garcia is remorseful over the incident and the problem it has caused Pima County and has apologized to Huckelberry.

"Had a management official of the County purposefully interfered with the legitimate business activities of a private business, even on their own off-duty time, I would discipline said employee of Pima County," Huckelberry said.

"My expectations regarding this matter as it may relate to future activity have been clearly conveyed to Ms. Garcia," Huckelberry concluded.
http://www.fox11az.com/news/topstories/ ... ceaa9.html

Then they move to get Huckleberry out of office.