Coyote Blog

Our absolutely awful, self-serving, abusive County prosecutor seems to finally be getting the scrutiny he so richly deserves:

PHOENIX — The Arizona Supreme Court has appointed a special investigator to look into accusations of misconduct against Maricopa County Attorney Andrew Thomas.

That’s bad, but it’s not the end of Thomas’s troubles.  The next shoe is the tort case.

Malicious prosecution is a tort and if a civil litigant obtains a ruling that Thomas abused his office, it could cost the County tens of millions of dollars.  Multiply that by the number of people whom Thomas has targeted, intimidated, abused or prosecuted and we are dealing with a very large number indeed.

I wrote a while back that I had a real hard time getting excited about either McCain or Hayworth in this year’ s AZ senate race.  But despite my disaffection from both candidates, I may have to suck it up and vote for one or the other.  Via Valley Fever:

Michael Moore Says He’s Not Coming Back to Arizona Until State “Elects a Democrat as Senator”

Moore is nothing if not able to suppress his beliefs when money is on the line, so I have a guess we will continue to see him at Sundance despite the lack of a Utah Democrat in the Senate.

Apparently our state government has been in another subsidy bidding war over a plant relocation, and fortunately it lost.  Why the state government pulls together Defcon 5 activity levels to bring 80 jobs to a town of 4 million is just beyond me.  But beyond my usual problems with subsidizing business relocation, which haven’t changed from this post way back when I talked about relocation subsidies in the context of the prisoner’s dilemma, I have three issues specific to our state’s efforts to attract solar manufacturers:

1. I am constantly amazed at the strategic planning that says Arizona residents should pay more taxes to promote a solar manufacturing industry because, uh, we have a lot of sun.  That’s roughly as logical as saying an FM radio maker should manufacture in NY City because they have a lot of radio stations.  I suppose you could argue it would reduce shipping costs to solar using areas, but I can’t believe that shipping costs dominate since most of the panels we buy in this country originated in Japan or Germany.
2. Companies and industries that seek subsidies are like hot money in the investment world.  Even if you attract it today, they will jump next week to another location that offers them more.  We see it in this case, as AZ bought Kyocera’s presence at one facility but can’t afford the price to get them to build this new facility.
3. The state’s approach defies all business strategy, and is making a typical novice investment approach.  Specifically, they are chasing the hot industry.  Everyone is bidding for solar plants, so the price goes way up.  This is why we have bubbles in housing and Internet, because people all pile into the same investment like lemmings.  If I were to run a government business relocation strategy (which I most certainly would never do) I would be focusing on boring stuff no one subsidizes.  We offered nearly 100% property tax abatement plus investment tax credits and can’t get a solar plant.  Instead we should be up in business hostile states like CA and NY getting rubber stamp makers and garage door manufacturers.  Surely we could get 70 jobs a lot cheaper.

Well, maybe the second best reason… the first best is that it was 75F today.  But the second best reason is that my son got his driver’s license today, and it expires in the year 2059.  I kid you not — get your license at 16 and there are no more renewals until you are 65 years old.  Have fun at the DMV.

Due to budget cuts, Arizona State Parks is closing 13 of its 22 state parks.  This last week, I have been making the rounds of the state government, from the state legislature to the head of Arizona State Parks, with a proposal to keep the 7 largest of these closed parks open, and pay the state money for the privilege.  Unfortunately, we have had only mixed success with a proposal that seems to me to be a win-win for everyone.  Our local newspaper editorialized against my proposal, without even knowing the details  (my response here).  So in this post, I am going to give the details of our proposal, and solicit your feedback, especially those of you in Arizona.  All I ask is that you read the whole thing, and not just leap into the comments section having just read and reacted to (positive or negative) this first paragraph about private operation of public parks.

Background

Our company, Recreation Resource Management (RRM), is over 20 year old, and we operate over a hundred public parks under concession agreement for the US Forest Service, the National Park Service, the Tennessee Valley Authority, California State Parks, and many others.  Traditionally, park concessions used to be limited to private companies running the gift shop or the bike rental inside a park.  And we do some of that (for example we run the store and marina at Slide Rock and Patagonia Lake State parks).  But our preferred niche has always been to run entire parks on a turnkey basis.  We run a huge variety of facilities that largely parallel anything we might find in the Arizona State Parks system — including campgrounds, day use and picnic areas, boat ramps, hiking trails, wilderness areas and historic buildings.  The largest parks we run are twice as busy as Slide Rock or Lake Havasu and four times as busy as any of the parks we are proposing to manage.  We currently run parks today literally right beside some of these Arizona State parks.  All of this is to say that the parks in Arizona are absolutely normal and typical resources that we manage.

A concession contract works much like a commercial lease.  We sign a contract allowing us to run the park for profit, and then pay the state a rent in the form of a percentage of fee revenues.  The typical operating agreement includes over 100 pages of standards we must conform to, from fee collection to uniforms to customer service to bathroom cleaning frequency to operating hours.

Our Proposal

At all of my meetings this week I made three offers, each of which we were willing to commit to immediately  (we could actually be up and running with about 21 days notice):

1. RRM offered to keep some or all of six parks open out of thirteen on the current closure list.  These parks are Alamo Lake, Roper Lake, Tonto Natural Bridge, Lost Dutchman, Picacho Peak and Red Rocks (park but not the environmental center).  Not only could these stay open, but we could pay rent as a percentage of fee revenues to the state, money that could be used to keep other operations open.  While these parks represent about half of the closure list by number, by visitation they represent well over 90% of the closure list.  Combined these parks had a net operating loss of $659,000 to ASP, which we propose to turn into a net gain for the parks organization.
2. RRM offered to operate five parks that are currently slated to stay open but where we could pay rents that are higher than the net revenue figure ASP showed for FY2009.  These parks are Patagonia Lake, Buckskin Mountain, Dead Horse Ranch, Fool Hollow and Cattail Cove.  Combined, this group of parks lost money for ASP in 2009 which we propose to turn into a solid net gain.
3. While we would need to do more study, RRM suggested it might take on some of the smaller, money-losing parks beyond those mentioned above if they were packaged in a contract with some of the other parks listed above

To avoid problems with the procurement process, we offered to take as short as a 1-year contract to give ASP time to prepare a longer-term bid process.  We also agreed to maintain all current park fees for the next year without change (in contrast to ASP current plans to raise fees), and agreed that no fee could be changed without ASP approval.  The only help we asked for was

• We perform rules enforcement, but we need law enforcement backup form time to time
• We perform routine maintenance and keep the park safe and attractive, but many of these parks have substantial deferred maintenance problems that we cannot take on with only a 1-year contract  (but would be willing to invest capital to repair under a longer term arrangement)

And if the ability to keep almost half the parks slated for closure open was not enough of a value proposition, we proposed one additional benefit.  Any parks that are put under private concession management immediately cease to be a political football.  For years, parks organizations have closed and opened parks in a game of chicken with legislators, with the public as the victim.  Parks under private concession management no longer are subject to such pressures, as they are off the budget.  Back in the 1990’s, when the new Republican Congress squared off with President Clinton over the budget, the government was shut down for a while, including all federal recreation facilities — EXCEPT those under private concession management.  We got calls from the media saying, why are you open?  To which we replied — hey, you have now discovered one benefit of private concession management — the parks we manage are no longer political pawns.

Reactions

So far we have had really good and positive reactions from Arizona legislators  (I have not been able to see any of the Governor’s staff).

The reaction from Arizona State Parks has been more muted.  While they are publicly open to all proposals, in reality this is the absolute last thing most of their organization wants to do  (you should see the body language in some of our meetings, it is a lot like trying to sell beer at a Baptist picnic).  They have not said so explicitly, but from long history with this and other parks organizations I can guess at some of the issues they have:

1. Distrust of and distaste for private management runs deep in the DNA of the organization.  Many join parks with a sense of mission, seeing unique value to public ownership of parks and lands.  I attempt to explain that this value still exists, that what they are turning over is operations, not management and control, but I don’t get very far.  I try hard to give the new management of Arizona State Parks a clean slate, but I can’t help but be affected by something I saw their previous director say.  Back in about 2004 we hosted a breakfast at a convention of state parks directors up in Michigan, I believe.  Someone must have forgotten to throw us out of the room, because we witnessed the head of Arizona State Parks stand up in front of his peers and demand that they all hold the line against private management as one of their highest priorities.  It was made clear that state organizations that stepped out of line would incur the wrath of other states.  This summer we participated in a series of meetings in California called by Ruth Coleman, who is the head of the parks organization there and someone I admire.  She was trying to break the organization out of its old culture, but it was very clear in roundtable discussions that the rank and file would rather see the parks closed to the public than kept open using private concession management.
2. I mentioned earlier that private management brings a benefit to the public of keeping the parks from being a political football.  But the parks organization feels like it needs that football.  Without the threat of park closures, it feels like its budget will be gutted like a fish.  And, now that its budget has been gutted, it still holds out hope its money will be restored and needs the park closures to keep up the pressure.  As long as there is even the slightest hope of budget restoration, a hope which I am pretty sure will “spring eternal,” my proposal, no matter how much it makes sense for the people of Arizona, will never be adopted.

Again, these are just guesses.  Renee Bahl of Arizona State Parks has told me they are open to all new ideas, and I will take her at her word.

Libertarian Concerns

Those of you who know me to be a libertarian might wonder how I function in this environment.  The answer is, “with difficulty.”  I have a strong philosophic passion to bring quality private management to public services, and this opportunity is a good one.  And I am not adverse to making money while doing so.  But I am adverse to rent-seeking, and there is admittedly a thin line between trying to make positive change and rent-seeking in this case.

I generally avoid this by insisting on short initial contracts (in this case 1 year) to prove out the concept and to allow time for the public agency to figure out how to put this beast through a procurement process that probably was not well designed for this type of thing.   This is what I did when the US Forest Service approached us with an idea to bring private management to the snow play area at Wing Mountain near Flagstaff.  We took it on a one-year contract (which grew to 2 years) and then the contract went out for public bid  – which we won – for 10 years.  We are very good at what we do and are not at all afraid to compete.  The only time I will not compete is when I perceive someone has a political connection that gives them an inside track.  After two or three losses in Florida counties to a company with no experience but a brother-in-law on the County commission, I realized it was just a waste of time to bid on these situations.

Conclusion

Please give your reactions and concerns in the comment section.  For those who disagree with private management of public resources, I will be honest and say you are unlikely to change my mind, as I have dedicated all my time and my life savings to the proposition.  But you may help me better understand and tailor our service to address public concerns.  I will try to keep the FAQ below updated based on what I am seeing in the comments.  If you are in Arizona and know someone you think I should be talking to, drop me an email at the link above.

FAQ

Does your company take ownership of the park? No.  The parks and all the facilities remain the property of Arizona State Parks.  We merely sign an operating lease, with strict rules, wherein we operate the park, keep the fees paid by the public, and pay the state a “rent” based on a percentage of the fee collections.  Even when we invest in facilities, like this store building and cabins, they become the property of the public at the end of the contract.

How can the state afford to pay you if they have no budget? We are not paid by the state, and receive no subsidy.  100% of our revenue is from fees paid by visitors to the park we operate.  If we don’t run a good operation that is attractive to visitors, we don’ t make any money.

Doesn’t the state lose out if you keep all the fees? No.  Mainly because in all the parks we have proposed to take over, the state has net operating losses of up to $200,000 or more a year.  By taking over the park, their losses go away AND they receive extra money in the form of rents we pay.  We are able to do so because we have developed efficient processes for managing campgrounds and have a flexible and dedicated work force.

Are you going to build condos and a McDonald’s? No.  The fact that this is such a common question is amazing to me, as we operate over 100 parks in this manner across the country and you would not be able to tell the difference between the facilities we manage and any other public park.  Under the terms of our operating contract, we cannot change fees, facilities, operating hours, or even cut down a tree without written approval form the parks organization.

Are you going to just jack up fees? No.  We have committed in our offers to keep fees flat for the next year.  We cannot raise fees without state approval, and we work hard to keep public recreation affordable.  Last year was a very good year for us because, in a recession, our low-cost recreation options gave many families on a budget a chance to have a quality recreation experience.

Why just a one year contract? We would actually prefer a longer contract, as this allows us to actually make approved capital improvements to parks (for example, we have installed many cabins in public parks we operate).  However, we have offered to take these under an initial contract that is just long enough to allow longer-term contracts to be fairly offered on a competitive bid basis.

Maybe no one trusts you because you are small and unproven? Well, perhaps.  But last year our total fee revenue was nearly $11 million, making us slightly larger than the Arizona State Parks system.  We have a proven record with decades of positive performance reviews from government agencies around the country.   For example, for those of you form Arizona, if you have stayed at a US Forest Service developed campground near Flagstaff, Sedona, Payson, or Tucson,  or sledded at Wing Mountain, you probably have stayed in a facility we operated.  We already operate two concessions in Arizona State Parks, and have a great record working with the organization.

The AZ Republic has an editorial today saying that privatization is not the answer for the Arizona State Parks budget woes.   On the plus side, they did actually call me for my opinion yesterday before they published it.  On the down side, they ignored everything I said.  Here is my response:

I run one of the larger private parks management companies in the country, which is based right here in Phoenix. Like many Arizona residents, I am a frequent visitor to our state parks and am sympathetic to their current budget pain. Further, I am not one to offer up privatization as a panacea for all the park’s woes — the state parks organization fulfills a variety of public missions that cannot be undertaken well privately. But I think you missed a couple of important considerations in your editorial today counseling against privatization options.

First, from my experience with public recreation agencies around the country, these budget pressures on parks organizations never really end. Recreation is almost always a key pawn in budget fights, and even if Arizona State Parks funding is restored this year, we likely will be fighting the same battles in a few years. Private concession management of parks has the advantage of taking parks off the budget, so they no longer can fall victim to budget fights. For example, in the famous 1995 federal government shutdown, private concession run facilities in the US Forest Service were the only federal recreation options that remained open through the whole budget battle.

Second, while small low-visitation parks, on a standalone basis, may not represent a very good business opportunity, there are a variety of ways to handle privatization of smaller parks. We run approximately 175 public parks and campgrounds across the country, and well fewer than half of these stand on their own as private business opportunities. But many public agencies have learned to package smaller, low-visitation parks with higher-visitation parks into multi-park packages that both provide operators a business opportunity as well as meet the public’s goal of keeping all of its parks open. Further, states like California have found many creative ways to keep historic sites open using private management. These solutions, at places like Columbia State Park, not only keep historic buildings open to the public but also create events and services that bring history alive and make it more interesting, particularly to children.

I know that private management is often sloughed off with statements like, “they would just build a McDonald’s or put in a bunch of billboards.” But thousands of parks nationally are managed privately, and this never happens. In part, this is because business people should get some credit for intelligence, and they understand what attracts people to outdoor parks in the first place and don’t want to mess with the ambiance. In addition, we often have 100+ page operating agreements in place that carefully set out the quality of our services and the approvals we must obtain to make any changes to the facilities.

Further, it is sometimes suggested that private companies would just jack up the price. Well, Arizona State Parks is proposing to raise the Slide Rock entrance fee to $20. In contrast, we run nearby picnic and day use areas at places like Grasshopper Point and we rapacious capitalists only charge $8.

I am not advocating that Arizona State Parks turn off the lights and throw the keys to a private company; but I do think that private concession management could offer a piece of the long-term solution to keeping state parks open, both now and in future budget battles.

I will say that I have a certain fondness for the idea of tossing everyone in Congress in jail on a giant RICO prosecution.  So Thomas and Apraio’s crazy RICO suit naming most everyone of any importance in the county government and judicial system as conspirators has a certain appeal.  Unfortunately, unlike my dream RICO suit, the basis for the suit is that Arpaio and Thomas were consistently prevented from excercising unchecked power

In essence, the lawsuit alleges that any county official who at any point attempted to stop Thomas and Arpaio from doing anything — whether it’s prosecuting Don Stapley, “investigating” the $341 million court tower project, or repeatedly suing Thomas’ own clients — is part of a criminal enterprise. That includes judges who ruled against them, attorneys who opposed them in court (like Ed Novak and Tom Irvine) and county employees who attempted to stop the insanity.

Via Expresso Pundit:

It’s becoming increasingly clear that Sheriff Joe–and probably County Attorney Andy Thomas–are going to be indicted on multiple felony counts.Maricopa County Manager David Smith issued this statement today.

Today’s grand jury appearance was a welcome opportunity to tell our story on behalf of County employees.  Dozens and dozens of County employees, and some County vendors, have been targeted by Sheriff Arpaio and Maricopa County Attorney Andrew Thomas with retaliatory criminal investigations without cause, and disruption of their working lives without justification.

Sandi Wilson and I expect to return to the grand jury to give even more detailed testimony in three or four weeks about the many abuses of power by Sheriff Arpaio and his office that were generally described to the grand jury today.  We look forward to that next opportunity in the interests of justice.

Via the Arizona Republic, from a deposition by Sheriff Joe Arpaio:

Arpaio says he was not well versed on the Fourth Amendment to the U.S. Constitution, or its counterpart in the Arizona Constitution, which prohibit unreasonable searches and seizures.

Yeah, no kidding.  This is just kind of bizarre.  I get the whole ghost-writer thing, but at least Obama actually seems to have read the book that was ghost-written for him:

Maricopa County Sheriff Joe Arpaio has not read the book he co-authored in 2008, which includes information on Arpaio’s philosophy on America’s immigration problem and how to cope with the nation’s porous borders.

Arpaio’s lack of familiarity with the book, “Joe’s Law – America’s Toughest Sheriff Takes on Illegal Immigration, Drugs and Everything Else That Threatens America,” was among the revelations to emerge from a nine-hour deposition the sheriff gave as part of a racial-profiling lawsuit filed against the Sheriff’s Office.

Update: There is a spin in the article that Sheriff Joe is just a delegator, like any good corporate executive.  I am generally considered to be far more comfortable with delegation than average, and even I know a lot more about my business than Sheriff Joe does about his.    Part of the reason is likely that I don’t spend 95% of my time on media and PR events to boost my name recognition at public expense.  And you can be dang sure that I know certain pieces of legislation that are important to my business, like the Fair Labor Standards Act and the Service Contract Act, better than my lawyers.

Probably not a big deal in California, but they are unusual in Phoenix.   My office was just shaking around some.

Update: Yes, 5.9 in Northwest Mexico.   Article is a bit funny, as observers on ground floors accuse observers in tall buildings of lying about feeling the earthquake.

These guys have totally lost it. OK, they have always been bonkers, but they have finally lost their ability to paper over their nutty paranoia and quest for power in the media.  Remember I told you the other day that Arpiao and Thomas keep filing wider and wider criminal conspiracy charges against their critics.  Basically anyone who criticizes them or seeks to keep their power limited within Constitutional boundaries is a criminal in their eyes.

Maricopa County Attorney Andrew Thomas called for investigations into the chief prosecutors of two neighboring counties on Thursday because they publicly criticized him and Sheriff Joe Arpaio earlier this week.

Yavapai County Attorney Sheila Polk and Pinal County Attorney James Walsh sent separate letters to the Arizona Republic, criticizing what they called “abuses of power” by Thomas and his close ally, Arpaio.

Polk, a Republican who described herself as a passionate believer in limited government, accused the two men of “totalitarianism” and said they have become “a threat to the entire criminal-justice system” because of a series of a investigations they have launched against their foes.

In recent weeks, Thomas and Arpaio have announced more than a dozen criminal investigations into public officials who have criticized them in the past. The pair has said their fellow Maricopa County officials are engaging in a massive conspiracy to obstruct justice and limit their power. The investigations have resulted in criminal charges against two elected officials and a judge.

Now, Thomas wants a former state Supreme Court justice to investigate his neighboring prosecutors as part of what he calls “an orchestrated campaign to pressure law enforcement in Maricopa County to drop charges against influential criminal defendants and suspects.”…

In his request to McGregor [PDF], Thomas … accused the other prosecutors of essentially breaking the law by criticizing him and the sheriff. He said the pair violated rules for attorneys in Arizona, as well as tainted the pool of possible jurors in the ongoing cases….

In his request for an investigation into the comments, Thomas alluded to a supposed campaign to enlist these attorneys “and possibly other third parties” to criticize him and the sheriff.

Arpaio is the same paranoid who cost the County hundreds of thousands of dollars when he demanded extra security because he believed himself to be an assassination target.

If it wasn’t so overdone, I would do another Downfall mash-up on this for YouTube.

Conor Friedersdorf at Andrew Sullivan’s blog has a number of comments from Arizona readers about why, despite all his nuttiness and outright hostility to civil rights, Joe Arpaio just keeps on getting elected here in Phoenix.

One sample:

…Arpaio is media-savvy, and picks his enemies well.  By this I don’t mean his foes in county government or in the media, I mean the groups on whom he concentrates the resources of his office.  Last night, as every year about this time, all of the TV stations showed footage from this year’s deadbeat dad roundup, along with the smirking Sheriff talking about how terrible it was that kids were going to have a lousy Xmas because these deadbeat dads hadn’t been paying child support.  He also goes after animal cruelty cases with a vengeance.  I think he has a finely-tuned sense of which “others’ are particularly viewed with scorn by his target supporters, and goes after them with a vengeance.  There is no doubt that many Maricopa county residents feel safer as a result of his policies, but also equally that his policies are never designed to impact negatively those supporters who see themselves as law-abiding (and hence won’t ever be in jail), are white (and hence will never be racially profiled), and don’t fit into any of the other classes that he has singled out for opprobrium.

On a side topic, one commenter does take this out of context:

But let’s not forget we’re in a state that effectively voted by referendum NOT to honor Martin Luther King Jr. Day in the 90’s

The issue as I remember it was not of honoring Martin Luther King Jr. but of adding another paid holiday for state workers.  As I recall, Republicans readily agreed to a state holiday for MLK as long as government workers gave up one somewhere else on the calendar, so it wasn’t about MLK per se but about whether government employees should be allowed an extra paid day off.

You know those movies where the populist politician is revealed slowly over time as an insane paranoiac taking increasingly over-the-top actions?  Welcome to Maricopa County, Arizona, home of Sheriff Joe Arpaio.

Sheriff Joe is not really big on restrictions on his power and authority.   When he is not busy arresting folks for breathing while Mexican (he once managed to make a crime sweep through the 99% Anglo neighborhood of Fountain Hills and arrest 75% Mexicans), he likes to haul folks off to jail whose only crime is speaking out against the Sheriff, who spends a lot of County money to maintain his public image.   He arrested newspaper reporters and editors who wrote critically of him.  This is a man who in his paranoia invented an assassination plot (against himself, of course) and got the city to spend $500,000 protecting him.

If his deputies want to see a defense attorney’s working papers, they just take them.  If he can’t get a judge to release computer records, he has his posse storm into the County computer center and take it over at gunpoint.  And if he doesn’t like a judge’s ruling, he and his sidekick County Attorney Andrew Thomas file a series of bogus charges against the judge until he recuses himself from the case.

This last and most recent story is almost impossible to summarize.  The Valley Fever blog makes an attempt here and the AZ Republic, who is generally in the tank for Arpaio, is even fairly incredulous here.

The short version is that Arpaio and Thomas are mad that some of Judge Gary Donahoe’s past decisions did not go their way in a probe that have been conducting into the construction of the new county court tower.  There was another important hearing scheduled for today, and I suppose Arpaio and Thomas wanted the Judge out before the hearing.

last week, Thomas’ office filed a “racketeering” lawsuit in federal court, which bizarrely accused the supervisors, their lawyers, and the judges of being a criminal enterprise under RICO laws.

Thomas gave away the purpose of this suit yesterday:

Because of that pending suit, Thomas said, Donahoe should have recused himself from considering Irvine’s legal argument in court today.

“That’s how lawless this behavior was,” the County Attorney said. “Nobody is above the law.”

Pot-kettle, and all that.  But Thomas as much as admits his expectation was that after he filed this really, really bizarre RICO suit, the judge would recuse himself from a case Thomas wanted him off of.  When the judge did not (the judge said, effectively, that the RICO suit was so goofy it hardly merited his stepping down) Thomas and Arpaio fired again.

Maricopa County Attorney Andrew Thomas this afternoon struggled to explain his decision to charge the county’s presiding criminal court judge, Gary Donahoe, with three felony counts — including bribery, obstructing a criminal investigation, and hindering prosecution.

But Thomas couldn’t offer any evidence to the assembled media scrum that Donahoe actually had accepted a bribe of any sort. Instead, he and Sheriff Joe Arpaio (who stood next to Thomas at the lectern) offered the same vague allegations they have made for nearly a year regarding the county’s planned court tower, currently under construction.

In fact, the county attorney said no evidence exists that the veteran judge personally has received anything in the way of a personal financial benefit during the flap over the $347 million construction project

Arizona has a “very broad” definition of bribery, Thomas said in response to requests for specificity.

Thomas seems to be alleging that the Maricopa County Board of Supervisors, the county’s Superior Court bench, and their “shared” outside counsel, Tom Irvine and Ed Novak of Polsinelli Shughart, are an unholy “triad” working to block his and Arpaio’s legitimate investigation into the tower’s construction.

But today’s announcement that Donahoe now faces felony charges — when the only evidence of “wrongdoing” on the judge’s part is a series of rulings that Thomas and Arpaio vehemently disagree with — is unprecedented even in Maricopa County.

And again:

Yesterday two county supervisors, Mary Rose Wilcox and Don Stapley, were revealed to be facing criminal indictments.

Just for extra style points

Donahoe also is the same judge who ordered detention officer Adam Stoddard to jail last week for swiping a defense attorney’s notes — drawing Sheriff Joe’s ire.

A decision, by the way, the Sheriff’s office is still petulantly protesting by refusing to do their jobs at the county courthouse:

The Maricopa County Sheriff’s Office has apparently stopped delivering inmates to the courtroom where a one of its detention officers was caught in an uproar that landed him in jail.

In a statement released late today, Superior Court Judge Lisa Flores said the sheriff’s office has flat-out stopped bringing inmates to her courtroom for their scheduled appearances.

None was delivered Monday or today, Flores said in the statement, causing major delays in ongoing criminal cases. That follows several days last week when the sheriff’s office either delivered inmates more than an hour late or not at all, she said.

The stonewalling comes after sheriff’s detention officer Adam Stoddard was thrown in jail for contempt in an incident where he was caught taking confidential documents from the file of a defense attorney in Flores’ court.

Another judge, Gary Donahoe, ordered Stoddard to apologize for the incident or go to jail. Last week, Stoddard chose the latter. He surrendered to his own agency on Dec. 1 and is being kept in an undisclosed location.

I can’t resist ending on this Lady MacBeth moment

But Thomas insisted that he wasn’t pursuing a criminal case against Donahoe as a preemptive strike hours before the judge was set to hold a hearing that could have ended with Thomas being barred from prosecuting any county supervisor.

He later told the gaggle, “If I’m not explaining this well, I hope you’ll help me.”

Unfortunately, based on past experience, the Phoenix media probably will.

Via Valley Fever:

There is an unwanted phenomenon happening in California, and Arizona is being pegged to clean up the mess: Chihuahuas — lots of them.

California is seeing an influx of chihuahuas popping up at animal shelters and it’s becoming too much for the state to handle.

Rather than take these unwanted pooches out back, and deal with them Old Yeller style, California shelters are pawning these rat-dogs off on the Grand Canyon State….

Shelter officials are associating the rise in the abandoned pooches to celebutards like Paris Hilton, who popularized the use of animals as fashion accessories. When the reality of having to care for the dogs kicked in, it proved to be too much for a lot of wanna-be heiresses and they dropped the quivering canines off at animal shelters.

According to California shelter officials, more than 100 of the dogs have been driven to other states, Arizona included, for shelters there to deal with because in most states, abandoned chihuahuas are hard to come by.

Instead of stopping human beings from seeking a better life in the United States, maybe the Minutemen can be convinced to fight a real border threat.

We got over 2 feet of snow in Flagstaff, with six foot drifts, the most snow we have ever gotten this early in Northern Arizona.  We are opening our Flagstaff snow play area today.

Taxpayers in Maricopa County (which includes Phoenix) are paying millions of dollars for officials within the county government to sue each other:

Lawsuits between county agencies including the Sheriff’s Office, the County Attorney’s Office and the Treasurer’s Office against county administration have cost more than $2.5 million in legal fees according to the county’s records through early November.

The Sheriff’s Office has used attorneys from Ogletree, Deakins, Nash, Smoak and Stewart to wage legal battles with the county on issues including control of a law-enforcement computer system and the need to release surveillance footage of sheriff’s deputies arresting Supervisor Don Stapley

in a county parking garage.

Next year, the Sheriff’s office has asked for $7 million for this purpose.  Wow.  Given that I despise Sheriff Arpaio, I would love to lay this all at his door step but my sense is that the dysfunctionality goes broader and deeper.

Being a red state, maybe if AZ fails before CA, it will be less likely that Congress and the Administration will do some sort of bailout to head off local accountability.  It sure seems we might be able to pull off an early failure:

Arizona state government has managed to blow through a $700 million loan from the Bank of America in less than a week, and that wasn’t even enough to keep things going.According to Treasurer Dean Martin, his office had to dip into internal sources to come up with the extra $73 million the state needed just to keep the lights on.

“Government spending in Arizona is out of control. We are more than three-quarters of $1 billion in the red for daily operations,” Martin says. “As we predicted in our forecasts, just one week after setting up essentially the largest line of credit in state history, the state of Arizona has maxed it out. The governor and Legislature need to [rein] in excessive spending; we can no longer afford to continue spending more than we make.”

The state is currently about $1.6 billion in the hole, and the $700 million loan the state spent last week is just the beginning of excessive spending of borrowed money.

From the Arizona Republic:

Phoenix officials said Monday they remain confident Dubai is still a good place to do business, even after the Middle East emirate’s investment arm announced it would not be able to pay creditors on time for some of its nearly $60 billion in debt.

“It’s just a matter of when business will pick up again,” said Community and Economic Development Director Don Maxwell, who has been bullish on the Middle East and Dubai, one of seven city-states that make up the United Arab Emirates. “You just don’t know what the timing will be, but it will happen.”

Seriously, why are we paying Phoenix government officials to opine on stuff like this, and why is it news?

The two cities have exchanged best practices for wastewater management. Dubai imported 80,000 Palo Verde trees from a Phoenix nursery. And Charity Charms, a Phoenix-based maker of charms for nonprofit groups, received a $13,000 order from a Dubai arthritis support group shortly after the agreement was inked.

Oh, I see now.  $13,000 in charms?  Dubai was practically driving our economy.

The civil courts of Maricopa County (which includes Phoenix) are being overwhelmed by photo-radar cases from state photo-radar trucks on state highways.

In the 2008 fiscal year, ending June 2008, the total annual filings in the justice courts amounted to 435,014, which included DUI, traffic, misdemeanor and civil cases, according to the county. Since November 2008, speed-camera cases have flooded the justice courts, averaging 42,326 cases a month, accounting for 50 percent of the filings. Administrators for the justice courts expect the total might reach 600,000 this fiscal year.

Of course the solution proposed is not to get rid of the photo radar but to raise fees to cover the administration.  But you could have guessed that without me telling your, couldn’t you?

This may see obvious to those of you in the rest of the country, but there are real problems with treating a man uniquely allowed to use force against the citizenry like a rock star.  And that is how certain segments of the local population treat Sheriff Joe Arpaio.   As one abuse of power after another is revealed, his supporters respond  “Isn’t he so colorful, just like an old-time western sheriff.”

For the rest of us his schtick gets old.  The county has spent millions defending lawsuit after lawsuit against him.  The INS has stripped him of his power to track down illegal immigrants, but he still ventures out on sweeps to arrest folks for driving while Mexican, arresting more people of Mexican decent than I though even existed in certain neighborhoods.  He has arrested reporters who criticized him, and arrested people who applauded a speaker who criticized him.  He even launched a mini-coup attempt against the County which employs him, invading the County offices and taking over a computer system that contained emails he had been unable to subpoena.  In the latter case, the County had to seek a restraining order against its own Sheriff!

Unfortunately, Arpaio’s indifference to due process and individual rights obviously has percolated to the entire staff.  Here is the most recent craziness — during  a trial, a Sheriff’s deputy starts going through the defendant’s attorney’s papers, and takes some of them  (all of which were attorney-client privileged).

The explanation was that the documents had not been screened for contraband and weapons, so the deputy had to take (what looks like a couple of sheets of paper) away to study them to make sure there was no gun  stapled to them or something.  This so lame I am not sure how they can even say it with a straight face, but true to form the Sheriff’s office is rallying around its own.  More in the AZ Republic.

Why is it the organizations (ie police departments) whom we entrust with uniquely scary power to use force on us citizens tend to have the least well developed internal checks and accountability processes?

Update: Random example of police not getting prosecuted for abuse of power, from today’s news.  Folks like Miller and Radley Balko can fill their blogs with these type cases every day and not get them all.

I really like our AZ Congressman Jeff Flake — the libertarian goodness of Ron Paul without the weirdness and connections to racism.  This is pretty funny, from his site (ht:  Radley Balko)

Washington, D.C., Oct 28 – Republican Congressman Jeff Flake, who represents Arizona’s Sixth District, today released the following statement regarding his vote against H.Res.784, a bill “honoring the 2560th anniversary of the birth of Confucius and recognizing his invaluable contributions to philosophy and social and political thought.”

“He who spends time passing trivial legislation may find himself out of time to read healthcare bill,” said Flake.

Phoenix police pump six rounds into the back of an innocent Phoenix homeowner who was still on the phone with 911 calling for their help with an intruder.

The scary part is how absolutely natural and well-polished the police’s actions are in initiating a cover-up.  They may be screw-ups in the use of force, but they seem well-practiced in protecting their own from accountability.  Only the lucky break of having the 911 call still in progress and being recorded in the room the police were planning the cover-up prevented it from working.  Without this evidence, one wonders if the victim (who lived, incredibly) would have found himself accused of some heinous crime to take scrutiny away from the police.  “Oh, what’s this here — looks like a bag of white powder…”

One priceless detail is that the officer said he fired without seeing any gun in part because he thought he saw a Hispanic guy.  Wow — if he loses his job with the Phoenix police (doubtful) I am sure Sheriff Joe would be thrilled to hire him.

We see this all the time nowadays – police roll without a thought into cover-up mode, and only the accident of video or audio recording prevents the cover up from working.  One wonders how many times they get away with this game when there is no electronic scrutiny.  Which is, I suppose, why police have invented a non-existent law that it is illegal to record their actions in public.  I am all for lojacking all of them with permanent electronic recorders.  (via Radley Balko, who has a roundup of a lot of similarly scary stories).

Postscript: The innocent homeowner (Tony) survived despite this treatment by police of his bullet-riddled body:

Officers … painfully dragged Tony by his injured leg, through the home and out to his backyard patio, where they left him bloodied and shot right in front of [his family].”

The Arambulas say the officers later dragged Anthony onto gravel, then put him on top of the hot hood of a squad car, and “drove the squad car down the street with Tony lying on top, writhing in pain.”

It turns out, the first $100 million a mile extension of Phoenix light rail is having to be postponed.  The reason?  Its just too much money for the local pols.  So why is this one piece being postponed when any number of other extensions, such as the $230 million a mile airport extension, still going forward?  Well, it turns out that all those other lines (as well as the original) use large dollops of federal money, while the delayed extension was planned to use only local money.

It turns out that we are not willing to pay the full freight of building light rail for ourselves, and only want to do it if we are able to grab at least half the cost from people outside of Arizona.  AZ Republic story

When private companies in financial distress pay out employee bonuses that were contractually obligated:  bad.  When governments in financial distress pay out employee bonuses that are entirely discretionary: A-OK.

Amid the downturn in the economy, the city of Phoenix handed out more than $300,000 in cash bonuses, a CBS 5 News investigation found.

• Read: List Of Performance Awards

The bonuses, which ranged from $500 to $6,000 for a grand total of $354,800, were paid in October, according to public records…

Nevertheless, records show former Parks and Recreation Director Sara Hensley received a $3,500 cash award; the same month, she resigned to take a similar job in Texas.

Library Director Tony Garvey received a $4,000 cash award. Shortly after, libraries were forced to shorten hours and cut positions.

Having heard that Phoenix has been coming down hard on folks for the “crime” of photographing in public places, The Northern Muckraker went to take a look.  The Photography is Not a Crime blog has a partial transcript:

Hester: I’m free to go, correct?

Guard 1: Not yet.

Hester: Am I being detained?

Guard 1: Are you videotaping my building?

Hester: Am I free to leave?

Guard 1: You’re are free to leave, go …  but if I catch you videotaping the building again you will be arrested by the Phoenix Police Department.

Hester: On what charge, sir?

Guard 1: On charge of … we’ll talk to the Phoenix Police Department about it.

Guard 2: You’re not supposed to videotape any federal court building.

Hester: What law?

Guard 2: National Security Act.

Guard 1: Oklahoma City, that’s why.

Guard 2: It all comes down to Homeland Security and all that.

Guard 1: If you want to talk to our Homeland Security people, we can arrange that right now and we will detain you.

He further observes that the National Security Act, passed in 1947, does not seem to have any mention of video recording.

Update:  Apparently, according to an official Houston PD statement, photographing and taping a police officer is sufficient probably cause for being charged with “assault on a police officer.”

Mr. Haven admitted to verbally disagreeing with Officer Dickerson. He also admitted to photographing the police vehicle and Officer Dickerson, and taping their conversation. Under these circumstances, it is not unreasonable for Officer Dickerson to have believed that Mr. Haven’s relevant actions, taken as a whole, constituted more than “speech only” [and therefore constituted sufficient probable cause for arrest]