After
15 years in the job, Arpaio has yet to
endure a comprehensive audit of his
office's finances. Limited audits
examining Arpaio's payroll, his travel
policies and the county's jail
enhancement funds have found plenty of
problems. But despite that, and even
though the sheriff's $241 million budget
is the biggest in the county, Maricopa
County supervisors have failed to order
a look at the bigger picture.
Compounding the problem, issues
identified in the limited audits have
been virtually ignored by the Sheriff's
Office.
Consider overtime. This fall, the county
revealed that Arpaio spent nearly $2
million more on overtime in the fiscal
year's first quarter than he had been
allotted for the entire year. That
spending binge, the county manager
concluded, was "not sustainable."
Arpaio's solution was drastic: He
stopped transporting prisoners to court
hearings. Forty-six inmates never made
it to court on November 6 — even though
getting defendants to hearings is one
job the sheriff must do under
state law. (Suffice it to say that
rounding up illegal immigrants and
sheltering abused animals are not state
mandates, but Arpaio has yet to run out
of money for either venture.)
Judges
and defense lawyers erupted over the
plan, and Arpaio was forced to
backpedal, blaming the lack of
transports on miscommunication. But his
next cost-cutting solution was no less
controversial. Arpaio announced that
jail visiting time would be limited to
the hours of 6:30 a.m. to 2:30 p.m.
Again, the court fell into chaos, and
now, Arpaio faces a lawsuit from
attorneys unable to meet with their
clients. Though the sheriff lost round
one, he's appealing — which, observers
note, is hardly the way to save money.
But the
most stunning thing about Arpaio's
budget problems isn't that he overspent
so badly. It isn't even his cockeyed
remedy for his financial woes.
The
real shocker is that it took this long
for overtime to become an issue.
A
New Times analysis of financial
records show that overtime has been a
huge problem for Arpaio for years. Even
as the county increased the sheriff's
overtime budget by 85 percent over the
last four years, Arpaio has continued to
exceed the amount he has been allocated.
In fact, in the last four years, the
sheriff's expenditures on overtime have
increased 635 percent.
In the
2004 fiscal year, Arpaio spent twice the
amount budgeted for overtime. In 2005,
he spent more than four times what the
county had allotted — overspending by
$6.6 million. Last year, Arpaio set a
new record: He overshot his overtime
budget by a whopping $10.4 million.
In May,
the county completed a 25-page audit of
the sheriff's payroll. That report
outlined the overtime problem, making
specific recommendations to fix the root
causes.
The
auditors did not suggest slashing jail
hours. Or stopping inmate transport.
Instead, they pointed out "a need for
better management." That, clearly, was a
suggestion Arpaio wasn't willing to
emulate, and his overtime spending
continued to swell until it reached
crisis proportions six months later.
Such
stonewalling has been a pattern when it
comes to the sheriff. During his 15
years in office, Arpaio has endured
investigations, lawsuits, and audits.
He's cost Maricopa County taxpayers
$41.4 million solely in legal fees,
insurance premiums, and payouts to the
people who've sued him. His budget has
doubled, his jails have been condemned
by the U.S. Department of Justice, and
he has never faced an audit that didn't
reveal genuine problems.
Those
things, of course, pale next to the list
of people who have died in Arpaio's
jails: people awaiting trial who were
denied proper medical care or who were
abused or ignored by guards. Law
enforcement officials and lawyers
believe that records on inmate deaths
have been destroyed and criminal
investigations into those deaths
thwarted.
But
Arpaio, the Teflon prince of Maricopa
County, has outmaneuvered everyone who's
attempted to hold him accountable.
In
2095, the U.S. Department of Justice
began investigating conditions in Joe
Arpaio's jails after receiving a
complaint about excessive force. Civil
rights investigators announced that they
would be looking at a litany of serious
allegations: physical abuse of inmates
by staff, false reporting regarding use
of force, denial of access to counsel,
and inadequate medical care.
When
the Justice Department filed a lawsuit
against the sheriff a year later, the
suit confirmed many of the original
allegations. But, unbelievably, then-U.S.
Attorney Janet Napolitano appeared at a
press conference with Arpaio and
attempted to convince reporters that
Arpaio had actually been exonerated.
Napolitano even described the lawsuit as
a "technicality."
The
actual suit, of course, says nothing of
the kind. Instead, it alleges that
Sheriff's Office brass had "been
consciously aware of, but deliberately
indifferent to" excessive and improper
use of force by jail employees. "Such
conduct and practices have and will
cause inmates confined in this jail
irreparable harm," the Justice
Department concluded.
The
suit forced Arpaio to enter into a
settlement agreement, mandating a new
use-of-force policy and new guidelines
for non-lethal weapons.
But
during their dog-and-pony show,
Napolitano and Arpaio downplayed the
findings — and downplayed the idea that
there would be any change in the jails.
Arpaio even joked about running for
governor against Napolitano at some
future date.
Six
years later, Napolitano did run for
governor. Arpaio didn't, but he proved
to be a factor in the election. Arpaio
endorsed his old press-conference buddy
over her Republican opponent, allowing
Napolitano to beat Matt Salmon with just
1 percent of the vote.
In the
years since, corrections auditors,
county inspectors, and inmates all
confirm that conditions in the jails
have only gotten worse, as New Times'
John Dickerson reported last week.
County inspectors found vermin and
cockroaches in jail kitchens. The
Justice Department's own statistics show
that Arpaio's jails are the most
chronically overcrowded in the nation.
Meanwhile, Justice hasn't audited Arpaio
for compliance. (Justice Department
officials say they're unable to discuss
the particulars of the case because it's
simply too old.)
The
Justice Department investigation was one
of many times that Arpaio has managed to
battle his away out of trouble. Whether
it's by stonewalling, or obstruction, or
political gamesmanship — no matter who's
come after him, the sheriff has always
managed to skate.
The
investigation into the death of Scott
Norberg is a perfect example. Norberg,
who had struggled with drug addiction,
was arrested after attempting to slug a
cop. He was in Arpaio's jail just 15
hours before he was handcuffed by
guards, kicked, stomped on, and then
strapped into a restraint chair. There,
guards held a towel over his head,
literally suffocating him. Medical
records later revealed that he had been
shot with a stun gun at least 14 times
and beaten so badly that his larynx
cracked.
The
county was forced to settle with
Norberg's family for $8.25 million.
Astonishingly, says Norberg's attorney,
Mike Manning, Arpaio promoted the guards
who did the beating.
Arpaio's critics say Norberg's death was
far from an isolated incident. But
there's one reason the case continues to
be talked about when so many other
inmate deaths have fallen into
obscurity: Scott Norberg's family had
enough money to hire a good attorney.
Manning's investigation showed that
important records had been destroyed —
including the X-ray of the cracked
larynx. He also obtained the videotape
that showed Norberg pleading for his
life.
Even
then, Arpaio managed to thwart a
criminal investigation.
The
sheriff's internal affairs
investigators, Manning says, failed to
give deputies the proper warnings before
interviewing them. That invalidated the
evidence they had obtained. Even worse,
internal affairs and criminal
investigators sat in on the same
interviews, which Manning says is
strictly forbidden by most police agency
policies.
"There
is no doubt, no other explanation, than
that they intentionally botched the
investigation," Manning says. "This kind
of stuff was too stupid — too stupid
even for them."
Even
so, then-County Attorney Rick Romley was
anxious to prosecute jail employees.
"Rick's office was horrified at how the
evidence was developing," Manning
recalls. "They were looking at least at
manslaughter — and you also had
destruction of evidence, the fact that
they'd intentionally botched the
investigation."
But
Arpaio had a trump card.
After
Norberg's death, Romley had instructed
his staff not to give jail employees
legal advice. He didn't want his
criminal investigation compromised by
conflict-of-interest claims.
But as
Romley's investigation was heating up,
he received a letter from his former
employee Jack MacIntyre, who informed
his old boss that, working for Romley in
the aftermath of the jailhouse death, he
had disobeyed Romley's orders. MacIntyre
had given legal advice to some deputies.
Worth
emphasizing is that MacIntyre had left
Romley's office to work for Arpaio.
MacIntyre's confession left Romley with
a real conflict. He couldn't prosecute
people in the Sheriff's Office, be they
Arpaio or his deputies, when one of his
own staffers had served as their legal
counsel.
The top
prosecutor was forced to recuse his
office.
"There
had been numerous attempts to get me to
stop the investigation, but none of them
worked until Jack MacIntyre was able to
effectively get me off the case," Romley
says today. "To say that I was upset
would be putting it mildly."
Romley
handed the case over to Arizona's
then-Attorney General Janet Napolitano,
the same politician who, as U.S.
Attorney, had downplayed the Justice
Department lawsuit.
Napolitano closed the case without
prosecution.
Although Arpaio's office has always
managed to avoid prosecution, someone
always has to pay. And, in many cases,
it's been taxpayers.
As
New Times first reported last week,
Arpaio has cost Maricopa County a
staggering $41.4 million in legal fees,
insurance premiums, and payouts to
jail-abuse victims. Arpaio's track
record is so bad that the county has
been forced to switch to an insurance
policy with a $5 million deductible.
Insurance won't cover a cent of any suit
that settles for less than that.
Even
beyond the pricey lawsuits, evidence
suggests that the sheriff's books are a
mess. Every limited audit done of the
Sheriff's Office during Arpaio's tenure,
whether by the state or by the county's
in-house division, has found problems.
The
problems have never risen to the level
of criminality, as the sheriff's
supporters are quick to point out.
Indeed, many of the sheriff's financial
missteps seem petty. But considering
that the audits have covered only small
areas of Arpaio's budget, they raise the
question of what a larger audit might
reveal.
For
example, in 2096, New Times
writer Tony Ortega reported that the
sheriff had misused jail enhancement
funds. The money is administered by the
state to assist with jail operations and
to train detention officers. As the
biggest county in the state, Maricopa
gets more than $1 million from the fund
annually.
Ortega
found that Arpaio was using enhancement
money for expenses that had nothing to
do with jails, much less enhancing them.
The sheriff used the fund to finance a
lawsuit against the county Board of
Supervisors in 2094, despite telling
reporters that taxpayers wouldn't get
stuck with the bill. He had used it to
send himself to National Sheriff's
Conferences. He had also paid for a
video news-clipping service. Jail
conditions be damned, Arpaio needed to
watch himself on Nightline.
Ortega's reporting triggered an
investigation from the Arizona Auditor
General, which echoed his findings. A
total of $122,420 in expenditures "did
not demonstrate that they 'enhanced'
jail facilities and operations," the
auditors concluded. Their report
specifically cited the news clipping
service and the money Arpaio had spent
on conferences.
But
nothing seems to have changed. Since
2003, records show, Arpaio has spent
$34,387 in enhancement funds on news
clipping services. He's also spent
$345,644 of the fund to send employees
to conferences and training seminars,
records show. Employees were sent to
classes for Photoshop, good grammar,
and, of course, the National Sheriff's
Conference.
Dennis
Matthiesen, financial audit director for
the auditor general, says his office is
unlikely to revisit the issue. "Our
office doesn't have any enforcement
authority, whatsoever," he says. "We
find what we find and we report it."
From there, Matthiesen says, it's up to
the sheriff to make changes, or the
Board of Supervisors to demand them.
And
that hasn't happened. Not only has
Arpaio ignored the state auditor
general, he's also ignored the county's
in-house audit team.
In
2005, county auditors looked at how
various agencies were handling travel
expenses. The audit was so limited, it
only looked at 24 trips involving the
sheriff's office, all of them
extradition cases where deputies picked
up fugitives in other states.
The
auditors still found plenty of problems.
In more
than half the cases, the deputies were
booked to arrive on the scene by early
evening, giving them time to rest before
prisoner pick-ups the next day. But, the
audit noted, "deputies often took an
additional day before taking custody of
the prisoner and returning to their duty
posts."
Deputies, apparently, were milking the
taxpayers for beach time. When they
picked up a prisoner in muggy Orlando,
for example, the deputies stayed 120
miles away, in breezy Daytona Beach. The
county got stuck paying for their
mileage and an extra day at the hotel.
The same pattern repeated itself in
Myrtle Beach and Hawaii. (Weirdly, two
deputies even chose to stay an extra day
in Buffalo.)
The
auditors concluded that, if the limited
findings held true in a bigger sample,
the sheriff could have saved $170,000 in
2005 alone by tightening travel
policies.
But
records suggest that everything is the
same. In the year after the audit, the
sheriff's costs for training and travel
increased 11 percent.
The
audit dealing with overtime spending was
even more dramatic. It found that
overtime had escalated, even as the
sheriff added employees to the payroll.
The
problem was lousy management. Sheriff's
employees, the audit found, regularly
write themselves down for overtime pay
before they've even worked a full
40-hour week. (Stay late one night, and
rather than cut hours later in the week,
it's an automatic bonus.) Management,
the auditors wrote, did "not appear to
have considered staggered or overlapping
shifts, or other alternatives, to reduce
premium costs."
The
audit suggests a certain chaos in jail
operations.
Forty-three percent of sheriff's office
employees weren't working in their
budgeted departments, the auditors
found. "[Employees] are frequently
transferred between divisions, often
without notice to applicable
management."
After
the auditors finished in May, the
Sheriff promised to make changes. Still,
he finished the 2007 fiscal year (ending
June 30) more than $10.4 million in the
red for overtime, and in the first
quarter of the current fiscal year,
Arpaio already shot his entire overtime
budget for the year. It's clear that
cost-saving measures were not a
priority.
Today,
county officials say they have control
of Arpaio's budget. A recent memo from
the budget office suggests that, if
Arpaio can continue his new and improved
cost-cutting plan, he will finish the
year in the black.
But the
plan depends, in part, on keeping
visitors out of the jails after 2:30
p.m. Defense lawyers say they're going
to do everything in their power to
scuttle that.
So who
can hold Sheriff Joe accountable?
Not the
county attorney. Rick Romley tried, but
he's since retired, and his replacement,
Andrew Thomas, is more interested in
making nice with Arpaio than declaring
war on him. Thomas and Arpaio even
formed an anti-corruption task force
designed to target public officials who
screw up. Clearly, they have no interest
in using their authority to investigate
each other.
It
can't be the state attorney general,
either. Democrat Terry Goddard is
actually a target of the Thomas/Arpaio
anti-corruption task force. Even after
that investigation inevitably winds
down, Goddard can hardly take on Arpaio
without looking like he wants revenge.
What
about the Justice Department? Its civil
rights department doesn't just monitor
jails; it could also look at Arpaio's
treatment of his political enemies. And
Justice has the distance to keep any
investigation from getting mired in
local politics.
Then
again, that didn't happen in 2096, when
Janet Napolitano made her deal with the
devil. And though rumors are rife that
Justice investigators are eyeing Arpaio
again, it's not clear how much credence
to give them.
That
leaves the county supervisors.
The
county's organizational chart is not a
linear model. It's a series of bubbles,
and Arpaio's bubble is shown answering
directly to the people, not to the
supervisors.
But the
supervisors manage Arpaio's money. And
with Arpaio's budget problems in the
news, it's worth remembering what
happened to Sandra Dowling.
County
officials will tell you that Arpaio
doesn't answer to them. (Remember those
bubbles.) They may quietly express
distaste over his abuses of power and
the millions he costs taxpayers, but
they say it's not their job to hold him
accountable. He's elected by the people.
But
Dowling was also a bubble on the county
organizational chart. As Superintendent
of the Maricopa County Schools, Dowling
also, supposedly, answered only to the
people.
Like
Arpaio, only a few short years ago,
Dowling seemed unstoppable. She had been
elected to five consecutive terms
without any real competition. Her big
innovation, the Thomas J. Pappas Schools
for Homeless Children, had been
celebrated by everyone from Oprah
to 60 Minutes. The much-lauded
schools were actually failing badly, but
the media didn't seem to care and
neither did the voters. Dowling was
flying so high, she actually asked the
district's lobbyists to see whether
George W. Bush was interested in her
services.
That
was then.
In
2005, Sandra Dowling's school district
went over budget. She asked the county
supervisors for an extra $2 million.
That's
when Dowling's charmed political life
came to an abrupt end. The supervisors
demanded the district's financial
records, and when Dowling didn't produce
the detailed documentation they wanted,
the board obtained a subpoena and sent
officers to force her to turn it over.
Even though Dowling had just been
audited a few years before, in 2004,
county auditors were again assigned to
look at her books. By May 2006, they
completed a 118-page report detailing a
host of problems: misspending, faulty
bid processes, nepotism. The supervisors
then hired three educational consultants
to help close the Pappas Schools — an
idea Dowling bitterly contested.
In
November 2006, Dowling was indicted on
25 felony counts. (Ironically, it was
the Sheriff's Office that did the
investigation.)
It's
unclear what will ultimately happen with
the criminal case. The U.S. Attorney,
who's prosecuting, recently dropped a
number of the charges; Dowling still
awaits trial on the others.
What is
clear is this: When the county
supervisors chose to take on Sandra
Dowling, Dowling was finished.
Contrast that with their treatment of
Arpaio. Despite the sheriff's abysmal
record in every area that auditors have
examined, the county has yet to order a
comprehensive audit.
There's
reason for that. Because the sheriff's
$241 million budget is the biggest in
the county, such an audit would
undoubtedly require the entire 18-member
audit staff working for months on end.
"It
would take the board to come and tell us
they wanted us to spend our resources
onto such a big audit," says County
Auditor Ross Tate. "They haven't done
that."
Jim
Bloom, chief of staff for Supervisor
Andy Kunasek, echoed Tate. "If we were
to audit the Sheriff in totality, it
would take not only our entire audit
staff, but a lot of his staff, too," he
says. "It wouldn't make any sense. If we
did an audit that big on his operations,
in the meantime, we wouldn't be doing an
audit on anyone else."
New Times