John Wright

US Justice Department Press Release

Following a comprehensive investigation, the Justice Department today announced its findings in the ongoing civil rights investigation of the Maricopa County Sheriff’s Office (MCSO). The Justice Department found reasonable cause to believe that MCSO, under the leadership of Sheriff Joseph M. Arpaio, has engaged in a pattern or practice of misconduct that violates the Constitution and federal law. The investigation, opened in June 2008, was conducted under the provisions of the Violent Crime Control and Law Enforcement Act of 1994 and Title VI of the Civil Rights Act of 1964, and the Title VI implementing regulations.

The department found reasonable cause to believe that a pattern or practice of unconstitutional conduct and/or violations of federal law occurred in several areas, including:

• Discriminatory policing practices including unlawful stops, detentions and arrests of Latinos;
• Unlawful retaliation against individuals exercising their First Amendment right to criticize MCSO’s policies or practices, including but not limited to practices relating to its discriminatory treatment of Latinos; and
• Discriminatory jail practices against Latino inmates with limited English proficiency by punishing them and denying them critical services.

The Justice Department found a number of long-standing and entrenched systemic deficiencies that caused or contributed to these patterns of unlawful conduct, including:

• A failure to implement policies guiding deputies on lawful policing practices;
• Allowing specialized units to engage in unconstitutional practices;
• Inadequate training;
• Inadequate supervision;
• An ineffective disciplinary, oversight and accountability system; and
• A lack of sufficient external oversight and accountability.

In addition to these formal pattern or practice findings, the investigation uncovered additional areas of serious concern, including:

• Use of excessive force;
• Police practices that have the effect of significantly compromising MCSO’s ability to adequately protect Latino residents; and
• Failure to adequately investigate allegations of sexual assaults.

Attorney General Press Release

Attorney General Tom Horne has found evidence that the Quartzsite Town Council has violated Arizona’s Open Meeting Laws (A.R.S. §§ 38-431 et. seq.) in connection with the conduct of Town Council meetings and dealings with a member of the public.

In a letter to the Quartzsite Town Attorney, Horne notes that on June 28, 2011, while addressing the Council, Quartzsite resident Jennifer Jones was removed from the meeting by a vote of the council. She had turned her back on the council and was addressing the audience, which the council reasonably could object to. Public bodies can eject members of the public for disruptive conduct, but they must first give a warning, which the council failed to do.

The second violation occurred on July 10, 2011 in which the Council convened an emergency meeting on at the Town Hall to discuss disruptions during previous meetings. The Council locked the doors to the meeting room and did not allow any member of the public to attend its meeting. Excluding the public from this meeting violated the Open Meeting Law.

In the third and related violation, the Attorney General notes that the Council did not fully comply with the posting requirements for emergency meetings. As of December 9, 2011, the minutes of the emergency meeting were not posted on the Town website.

The final violation involves the failure to comply with posting requirements for Notices and Minutes.

The Council did not post minutes for the July 10, 2011 emergency meeting. In addition, the Council failed to post minutes for a number of its meetings labeled as “work sessions.”

As a remedy, Horne is recommending that:

• The Council will discuss the concerns listed in this letter with its legal counsel in open session during a properly noticed public meeting.
• Each member of the Council and staff will participate in a training session with counsel from the League of Arizona Cities and Towns regarding the requirements of the Open Meeting Laws.
• The Council will be subject to oversight by the Attorney General’s Office for a period of twelve months.

A copy of the letter to the Town is attached.

Reportedly County Attorney Sam Vederman will not be prosecuting Quartzsite newspaper publisher and activist Jennifer Jones for the charge of Tampering with a Witness.

Last Friday, Jones was arrested by controversial Quartzsite Police Chief Jeff Gilbert at the town’s post office.

Jones says she will take action against Gilbert for what she sees as the latest example of harassment, part of the ongoing political drama in the town. She also blamed Justice Karen Slaughter for setting her bail so high on Friday, forcing her friends in the community to come up with $10,000.