Harassment and Intimidation by Government Officials — Another Visit to Maricopa County

What do the BP oil spill and local government ethics have in common?
Kenneth Feinberg.<br>
<br>
This week, Feinberg was chosen to work out the BP oil spill claims, and
<a href="http://www.maricopa.gov/Clk_Board/BoardDocument.aspx?ID=6e52df47-3adb-4…; target="”_blank”">today
he
is expected to be hired</a> to work out the claims against Maricopa
County, home of Phoenix, based on charges of harassment and abuse of
power against sheriff Joe Arpaio and former county attorney Andrew
Thomas, who is running for Arizona attorney general. <span></span><a href="http://www.abajournal.com/news/article/maricopa_board_to_hire_uber-arbi…; target="”_blank”">According
to
an article posted yesterday on the <i>ABA Journal</i> website</a>, suits
have been filed against the county by judges, elected officials, managers, and
employees, and up to 100 claims in all might be filed by the time the
dust settles. However, there appears to be no sign of blocking the
principal well that has produced all this harassment, the county
sheriff.<br>
<br>

Feinberg is being hired because just about all the qualified people in
Arizona either have some sort of conflict of interest or would not be
willing to take the job on. Feinberg is seen as big and independent
enough to be a match for Arpaio. I just hope his immigration papers are
in order. Fortunately, Ellis Island records are now <a href="http://www.ellisisland.org/&quot; target="”_blank”">available online</a>.<br>
<br>
The harassment has taken many forms, including criminal investigations
(complete with visits to officials' neighbors) and suits for alleged
racketeering. The ugliest harassment took the form of the sheriff selecting as a
process server, to personally hand a RICO complaint to a judge, a man
who had been convicted for threatening physical violence against that
judge.<br>
<br>
Harassment is one of the worst forms of misuse of office. An official
uses the power of his office not only to make life miserable for anyone
who opposes him, but to intimidate the great majority of people into
supporting him or at least being afraid of speaking out in opposition. It
not only uses public office to further the personal interests of the
offending official, but it causes the personal interests of other
government officials, including the desire to preserve their reputations, to
determine what they say and do.<br>
<br>
Unethical officials sometimes seek to destroy the reputations and careers
of those who oppose them, usually in dishonest ways. This creates not only an unethical
environment, but an environment of fear and mutual hatred, which
undermines the government in numerous ways. The most damaging result is scaring honest citizens
away from participation in government. It also, as in the case of Maricopa County,
can lead to enormous costs for taxpayers to defend and settle suits
brought against the government (remember: the individual perpetrators don't have to pay to defend themselves). When you have to bring in a big name to save taxpayers money, you know things are bad.<br>
<br>
For the full story behind this story, read the <i>ABA Journal</i>'s April
article <a href="http://www.abajournal.com/magazine/article/the_maricopa_courthouse_war/…; target="”_blank”">"The
Maricopa
Courthouse War</a>," by Terry Carter.<br>
<br>
Robert Wechsler<br>
Director of Research-Retired, City Ethics<br>
<br>
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