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Ben Bernanke, the Federal Reserve Board chief |
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Maricopa County Sheriff
Joe Arpaio |
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Defiant Joe Arpaio |
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From:
Clint Bolick
Sent: Friday,
April 04, 2008 9:49 AM
Subject:
Sheriffs' jurisdictional
boundaries
I write to
raise concerns stemming from recently publicized “saturation raids” conducted by
the Maricopa County Sheriff’s Office in the City of Phoenix. We do not have a
position on the purposes or scope of the raids, but believe that overlapping and
competing law-enforcement entities raise serious concerns about the rule of law
and diversion of scarce resources. We offer a possible solution to this
problem.
As you
probably are aware, the Sheriff and Mayor have disagreed sharply over the raids
within the boundaries of Phoenix. Having two law-enforcement entities within a
single jurisdiction, without coordination or agreement over priorities or
actions, is a recipe for catastrophe, endangering both the public and
law-enforcement personnel---particularly when voluntary “posse” members are
involved.
Moreover, if a
sheriffs’ department is intensely policing an area that already has a police
department, it may mean that resources are being diverted away from key
administrative and law-enforcement duties that the sheriff is supposed to
provide, such as serving warrants, operating jails, and booking criminal
defendants.
Under ARS
11-441, the extent of a sheriff’s authority in incorporated parts of the county
that are served by police departments is unclear. Several Attorney General
Opinions (see Att. Gen. Ops. I90-007, I84-167, and 66-4) find that municipal
police departments have primary jurisdiction over incorporated areas and
sheriffs’ offices have primary jurisdiction over unincorporated county areas.
We urge the
Legislature to codify that understanding. Obviously, many law-enforcement
issues transcend political boundaries; this clarification would require
coordination rather than unilateral action except in special circumstances.
Existing law provides numerous instances in which one agency may enforce the law
beyond its jurisdictional lines, such as pursuit of suspects or where
law-enforcement entities with primary authority request assistance.
Unfortunately, however, existing statutes do not make clear that local police
departments have primary authority within their municipal boundaries. That
confusion can waste precious resources and endanger the community.
Clarification of jurisdiction will enhance accountability, provide clear lines
of authority, and appropriately focus precious law-enforcement resources.
Obviously,
this issue transcends the current dispute, and is warranted regardless of which
way one comes down on that dispute. We should never see feuding law-enforcement
entities operating within a single jurisdiction. We hope you will consider this
important policy change. Please contact us if we can provide additional
assistance, and please accept our best wishes during a tough legislative
session.
Sincerely,
Clint Bolick
Director,
Scharf-Norton
Center for Constitutional Litigation Goldwater Institute |
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On April 15, at 11:00
a.m. in the 3rd floor Old Senate Chambers in the Arizona State
Capitol, Jon Garrido, owner and CEO of Hispanic News, and Clint Bolick of
the Goldwater Institute's Scharf-Norton Center for Constitutional
Litigation, will make an informational presentation on “Eliminating
Duplication of Services of County Sheriff.”
Our gratitude to State Representative
Tom Prezelski
of District 29 for his sponsorship to utilize the Old Senate Chambers.
The public is invited. |
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Presentation to
Arizona State Legislature to Eliminate
Duplication of Services of
County Sheriff
PHOENIX (By Jon Garrido,
Hispanic News) April 9, 2008
—
Ben Bernanke, the Federal Reserve Board chief, on April 2, came ominously close to
acknowledging the United
States is in recession.
Bernanke predicted the U.S.
economy will stall, and
possibly shrink, in the
first half of this year. He
agreed a U.S. recession is
"possible."
Many economists are convinced the United States is already
in recession, typically
marked by two consecutive
quarters of economic
contraction, combined with a
sharp rise in unemployment.
The U.S. mortgage mess has inflicted "extensive damage" on
markets and institutions
everywhere. The global
expansion is losing momentum
in the face of what has
become the largest financial
crisis in the United States
since the Great Depression.
Things could easily take a turn for the worse and the
global credit crisis is far
from over.
What we are now confronting is a marked slowdown in global
economic growth, emanating
primarily from the sharp
correction under way in the
U.S. housing market and
associated tightening in
credit conditions linked to
the collapse of the U.S.
subprime mortgage market.
Inflation has also been a source of concern. The price
index for personal
consumption expenditures
rose 3.4 per cent over the
12 months ending in
February, up from 2.3 per
cent over the preceding
12-month period. To a large
extent, this pickup in
inflation has been the
result of sharp increases in
the prices of crude oil,
agricultural products and
other globally traded
commodities.
In light of the dire situation around the world and
specifically, the United States which
is having a severe adverse
impact on Arizona, the
Arizona legislature should
make every effort to
continue Arizona programs by
taking severe steps to
eliminate program
duplication in this austere
period of recession.
Arizona has been facing a
deficit in five of the past
eight budgets and this year
and next, Arizona is dealing
with a deficit abyss of $3
billion.
In bad times, tough decisions have to be made.
The first priority for Arizona is to protect
and serve Arizona citizens.
This first priority is law enforcement.
It is
Arizona Revised Statues that
mandates sub-divisions of
the state and specifically,
Arizona law dictates
jurisdiction at the county
level.
Law enforcement for
counties, cities and towns
is one of the biggest costs
in local governments.
County taxpayers subsidize county
operations
and all county programs
should be scrutinized
focusing on duplication to
realize budget savings.
One area of duplication is having two police
agencies responsible for the
same jurisdiction.
Presently, county sheriff operations are
authorized to serve and
protect throughout each
county, yet, each county
also has city and town law
enforcement entities
authorized to serve and
protect the same area.
In essence, the county sheriff has jurisdiction
for the very same
jurisdiction a city has. They both patrol and protect
the very same neighborhood.
This is analogous to having
a homeowner pay ADT Home
Security Systems and the
Brink's Company to protect
the same home.
It is ludicrous for a
homeowner to pay two home
security companies for the
same protection, yet this is
exactly what City of Phoenix
property taxpayers are
forced to do each day.
These overlapping responsibilities having
multiple police agencies
responsible for the same
area is redundant, a waste
of resources, a duplication
of administrative and
overhead costs and results
in uncoordinated responses
to serve and protect in
essence the same
neighborhood.
It is bad management and demonstrates a severe
disrespect for taxpayers
forced to pay twice for
police services.
These multiple law enforcement agencies divert
scarce resources away from
vital law enforcement duties
that fall within the
sheriff's core duties.
Considerable savings could
be achieved if city and town
agencies were the only law
enforcement agency with each
city or town jurisdiction
leaving the balance of each
county to the responsibility
of the county sheriff.
The sheriff in each county is unique in each
county with its jail
operations and these should
all continue within the
sheriff's office core duties
of serving un-served
warrants, including those
for violent offenders
(dozens of criminal
defendants have missed court
appearances because deputies
in charge of moving inmates
were told to skip shifts due
to excessive overtime).
Scarce funds used by the sheriff to arrest in
Phoenix should be directed
to maintaining three
regional booking facilities
in Surprise, Avondale, and
Mesa. Closure of these
facilities because of
diverting scarce funds to
making arrests in Phoenix,
forces police officers in
all 26 Maricopa city and
town jurisdictions to book
criminal suspects at the
Fourth Avenue jail in
downtown Phoenix. The
greatly increased
transportation time removes
officers from the streets
and induces them to simply
cite and release criminals.
To avoid competing law enforcement and
duplication of resources
resulting in taxpayer
savings, the Arizona
Legislature should change
the jurisdiction of each
county sheriff.
The law in Arizona presently states: Arizona
Revised Statutes Title 11,
Counties, Chapter 3, Article
2, Sheriff, 11-441, Powers
and duties, A. The sheriff
shall: 1. Preserve the
peace.
The law in Arizona should be changed to read:
Powers and duties, A. The
sheriff in balance of
county where towns and
cities police departments do
not exist shall: 1.
Preserve the peace.
These few words would save Arizona in excess of
million dollars annually
and in addition, would
greatly enhance the
sheriff's core duties of
jail operations and
un-served warrants.
Therefore, Hispanic News recommends Arizona
modify Arizona law to
eliminate duplication of
services and reap a windfall
for taxpayers of Arizona.
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