Television
In late 2008 and early 2009 Arpaio appeared in
Smile...You're Under Arrest!, a three-episode Fox Reality Channel series in which persons with outstanding warrants were tricked into presenting themselves for arrest.
Jails
Arpaio's practices include serving inmates surplus and spoiled food and meals limited to twice daily. He has also banned inmates from possessing "sexually explicit material" including
Playboy magazine after female officers complained that inmates openly masturbated while viewing them or harassed the officers by comparing their anatomy to that of the nude models in the publications. The ban was challenged on First Amendment grounds but upheld by the United States Court of Appeals for the Ninth Circuit.
In February 2007, Arpaio instituted an in-house radio station he calls KJOE. Arpaio's radio station broadcasts classical music, opera, Frank Sinatra hits, patriotic music and educational programming. It operates from the basement of the county jail for five days a week, four hours each day.
In an ongoing case, federal judge Neil V. Wake ruled in 2008 and 2010 that the Maricopa County jails violated the constitutional rights of inmates in medical and other care related issues.
Tent City
Arpaio set up a "Tent City" as an extension of the Maricopa County Jail. Tent City is located in a yard next to a more permanent structure containing toilets, showers, and an area for meals. It has become notable particularly because of Phoenix's extreme temperatures.
During the summer of 2003, when outside temperatures exceeded , Arpaio said to complaining inmates, "It's 120 degrees in Iraq and the soldiers are living in tents, have to wear full body armor, and they didn't commit any crimes, so shut your mouths." Tent City is criticized by groups contending that there are violations of human and constitutional rights. Those critical of Arpaio also point out that the vast majority of inmates within Tent City have not been convicted; rather, they are merely awaiting trial. Arpaio's claim that these inmates committed crimes, they argue, reflects Arpaio's contempt for the American Constitution and the explicit right it grants to a "presumption of innocence."
Volunteer chain gangs
In 1995, Arpaio reinstituted chain gangs. In 1996, Arpaio expanded the chain gang concept by instituting female volunteer chain gangs. Female inmates work seven hours a day (7 a.m. to 2 p.m.), six days a week. He has also instituted the world's first all-juvenile volunteer chain gang; volunteers earn high school credit toward a diploma. (CNN Live Today transcript)
Pink underwear
One of Arpaio's most visible public-relations actions was the introduction of pink underwear, which the Maricopa County Sheriff's website cites as being, "world-famous." Laundry Services Arpaio subsequently started to sell customized pink boxers (with the Maricopa County Sheriff's logo and "Go Joe") as a fund-raiser for Sheriff's Posse Association. Despite allegations of misuse of funds received from these sales, Arpaio declined to provide an accounting for the money.
Arpaio's success in gaining press coverage with the pink underwear resulted in his extending the use of the color. He introduced pink handcuffs, using the event to promote his book,
Sheriff Joe Arpaio, America's Toughest Sheriff.
Selective Service registration and organ donors
In 2001, Arpaio was the first sheriff to require all inmates aged 18 and over to register for the Selective Service System. Registration is required by federal law for all U.S. males between 18 and 26 years of age, as well as for resident aliens of the same age, regardless of their immigration status. Since 2001, a total of 28,000 inmates (including 9,000 aliens) have registered for Selective Service.
The Sheriff also started the "Have a Heart" program in which inmates may volunteer to be organ donors.
Sheriff's Posse
Building upon Maricopa County's 50-year-old program, Arpaio expanded the all-volunteer civilian posse through heavy recruiting. The volunteers perform many duties for the sheriff's office:
- search and rescue
- emergency communications
- prisoner transport
- traffic control
- backup for sworn deputies
- office administrative duties
- Holiday Mall Patrol (which provides motorist assistance and security for shoppers during the holiday shopping season)
- deadbeat parent details targeting men and women with outstanding arrest warrants for failure to pay child support.
- Assisting in immigration sweeps.
Controversies
Arpaio has been a controversial sheriff. Arpaio's practices have been criticized by organizations such as Amnesty International, the American Civil Liberties Union, the Arizona Ecumenical Council, the American Jewish Committee, and the Arizona chapter of the Anti-Defamation League. The editorial board of
The New York Times called Arpaio "America's Worst Sheriff". Controversial issues surrounding Arpaio have included allegations of racial profiling, in which the ACLU has sued the sheriff.
Department of Justice Civil Rights Lawsuit
Since March, 2009, the United States Department of Justice Civil Rights Division has been investigating Arpaio amid accusations of discrimination and unconstitutional searches and seizures. The investigation has been conducted under the authority of Title VI of the Civil Rights Act of 1964, which forbids discrimination related to programs that receive federal funds. On July 7, 2009, Arpaio held a press conference, and announced that he would not cooperate with the investigation, either by providing documents, or permitting interviews with personnel. On September 2, 2010, the Department of Justice filed suit against Arpaio, to compel his cooperation with the investigation. A spokeswoman for the Justice Department stated that it was unprecedented for an agency to refuse to cooperate with a Title VI investigation, and that this is the first time the Justice Department has sued to compel access to documents and facilities.
Abuse of Power
In February 2010 Judge John Leonardo of Pima County Superior Court found that Arpaio "misused the power of his office to target members of the (Board of Supervisors) for criminal investigation."
In 2008 a federal grand jury began an inquiry of Arpaio for abuse of power, in connection with an FBI investigation. Arpaio is being investigated for politically motivated and "bogus" prosecutions, which a former US Attorney called "utterly unacceptable". Phoenix Mayor Phil Gordon has called Arpaio's "long list" of questionable prosecutions "a reign of terror".
The targets of Arpaio's alleged abuse of power have included or currently include:Phil Gordon, Phoenix Mayor;Dan Saban, Arpaio's 2004 and 2008 opponent for the office of Sheriff of Maricopa County;Terry Goddard, Arizona Attorney General;David Smith, Maricopa County Manager;The Maricopa County Board of Supervisors;Barbara Mundell, Maricopa Superior Court Presiding Judge;Anna Baca, former Maricopa Superior Court Presiding Judge;Gary Donahoe, Maricopa Superior Court Criminal Presiding JudgeDaniel Pochoda, ACLU attorney;Sandra Dowling, former Maricopa County School Superintendent;Mike Lacy, Editor, Phoenix New Times.
To date (July 10, 2010) of the above only Sandra Dowling has been successfully prosecuted. Indicted on 25 felony counts, Dowling eventually pled guilty to patronage for giving a summer job to her daughter, a single class 2 misdemeanor which was not among the original counts. Dowling has since filed suit, alleging negligence, malicious prosecution, abuse of process and several constitutional violations.
Feud with Maricopa County Board of Supervisors and Maricopa Superior Court
In early 2010, Arpaio and former Maricopa County Attorney Andrew Thomas sought to have a grand jury indict a number of Maricopa County Judges, Maricopa County Supervisors, and employees of the Maricopa County Board of Supervisors. The grand jury, in an unusual rebuke, ordered the investigation ended (meaning "the case is so bad, there's no further evidence that could be brought" to substantiate it), Many of the targets of the investigation have filed notices of claims (the precursor to filing suit.) To date claims from Judge Anna Baca, Judge Barbara Mundell, Judge Gary Donahoe, Maricopa County Supervisor Mary Rose Wilcox, Maricopa County Supervisor Don Stapley, Conley Wolfswinkel (a business associate of Stapley), and Maricopa Deputy County Manager Sandi Wilson in the matter total about $56 million dollars.
Over the past two years, up to September, 2010, the cost of feuding between Arpaio and Thomas, and the Maricopa County Board of Supervisors has been at least $5.6 million, most of which was paid to high-priced private attorneys. Arpaio and Thomas filed several lawsuits against the Board of Supervisors, including a federal civil-racketeering suit against the supervisors, four judges and attorneys who work with the county. Arpaio and Thomas lost every case, either by ruling of the courts, or by dropping the case.
Election Law Violation
During the month of July 2010, a committee established by Arpaio, the Campaign to Re-Elect Joe Arpaio 2012, funded advertisements critical of Maricopa County Attorney candidate Rick Romley and Arizona Attorney General candidate Tom Horne, despite the fact that Arpaio is not currently running for re-election (his term does not expire until the end of 2012).
An order issued on the behalf of the Maricopa Elections Department on August 24, 2010, found that one of the advertisements, a direct mailer, advocated the defeat of Romley, and was an in-kind contribution to Bill Montgomery (Romley's primary election opponent), in violation of Arizona election law. The order stated that the Campaign to Re-Elect Joe Arpaio 2012 will be fined three times the amount of money that was spent on the mailer. In September, 2009, Arpaio's campaign was fined $153,978 in this matter. Montgomery ultimately defeated Romley in the primary election, with Arpaio's ads being an important factor in the results.
Misuse of funds
An analysis by the Maricopa County Office of Management and Budget, completed in September, 2010, found Arpaio has misspent at as much as $80 million in taxpayer dollars over the previous 5 years.
The analysis showed that money from a restricted detention fund which could only legally be used to pay for jail items, such as food, detention officers' salaries and equipment, was used to pay employees to patrol Maricopa County. The analysis also showed that many Sheriff's Office employees, whose salaries were paid from the restricted detention fund, were working job assignments different than those recorded in their personnel records. Arpaio's office kept a separate set of personnel books detailing actual work assignments, different than information kept on the county's official human-resources records.
Arpaio used the detention fund to pay for investigations of political rivals, and activities involving his human-smuggling unit.
The analysis also showed a number of inappropriate spending items, including a trip to Alaska where deputies stayed at a fishing resort, and trips to Disneyland.
Separate investigations by The Arizona Republic uncovered widespread abuse of public funds and county policies by Arpaio's office, including high-ranking employees routinely charging expensive meals and stays at luxury hotels on their county credit cards.
The Republic also found that a restricted jail enhancement fund was improperly used to pay for out-of-state training, a staff party at a local amusement park, and a $456,000 bus, which was purchased by Arpaio in violation of county procurement rules.
Munnell Memo
In September, 2010, a 63 page internal memo, written by Maricopa Deputy Chief Frank Munnell, was made public. The memo alleged years of misconduct and mismanagement by Arpaio's second in command and other top MCSO officers, including the use of a public-corruption task force to conduct politically motivated probes into political opponents. The memo alleged that top officials in the MCSO "willfully and intentionally committed criminal acts by attempting to obstruct justice, tamper with witnesses, and destroy evidence." Arpaio forwarded the memo to the Pinal County Sheriff's Office, requesting they conduct an administrative investigation. Former top MCSO staffers have claimed that Arpaio knew of the acts alleged in the Munnell memo, but took no action to stop them. Arpaio has not commented publicly on the allegations.
In October 2010, the US Attorney for Arizona confirmed that the FBI and Department of Justice have received copies of the Munnell memo, and are conducting criminal investigations into its allegations.
