Request for Jail Prices and Commissary List

 
  1. Request for Commissary List and Prices
  2. Request for Commissary Revenue Information
  3. Al Macias trys to weasle out of handling my request
  4. Al Macias forwards my request to Joe's thug Lieutenant Paul Chagolla
  5. Lieutenant Paul Chagolla tells me he has the data but will not give it to me in electronic format
  6. What is a "public record" and who can get a copy of one
  7. What if Lieutenant Paul Chagolla isn't smart enough to copy the records
  8. Lieutenant Paul Chagolla is a big time supporter of Sheriff Joe

Letter requesting commissary list and prices

We would love to find out how much loot Sheriff Joe makes off his inmates so we sent these two Freedom of Information request to the Maricopa County Supervisors.

Date: Fri, 24 Jun 2005 10:20:14 -0700 (PDT)
From: ********************
Subject: Request for public information per A.R.S. 39-121
To: "maricopa 3 akunasek@mail.maricopa.gov" ,
   "maricopa 4 mwwilson@mail.maricopa.gov" ,
   "maricopa 5 mrwilcox@mail.maricopa.gov" ,
   "maricopa 1 fbrock@mail.maricopa.gov" ,
   "maricopa 2 dstapley@mail.maricopa.gov"

This is a request for public information per Arizona Public Records law A.R.S. 39-121.

Once a week on Sheriff Joe give all the inmates in his jail a commissary list which they fill out and turn in to the guard to order stuff. The stuff is then delivered to the inmates in a couple of days. Can you send me a copy of this list as required per the public records law A.R.S. 39-121? I’m sure the list is a word file and you can sent it back to me as an attached file.

Sheriff Joe loves to brag that he is the meanest jerk in the whole wide world and he likes to live up to that in real life. To live up to that reputation when Sheriff Joe give the inmates their commissary list he doesn’t put prices on it. Wouldn’t it be fun to shop in a store that didn’t have prices and you only found out how stuff cost you after you bought it? That is how Sheriff Joe forces the inmates in his jail to make their commissary purchases. My second request for public records per A.R.S. 39-121 is to be given a copy of the price list that Sheriff Joe charges the inmates. I am sure it is around as a word file or an excel spreadsheet. Can you please e-mail it back to me as an attached document?

Thanks

******************


Letter requesting commissary revenue

Date: Fri, 24 Jun 2005 10:38:38 -0700 (PDT)
From: ************************
Subject: 2nd freedom of information request - i forgot some stuff
To: "maricopa 3 akunasek@mail.maricopa.gov" ,
   "maricopa 4 mwwilson@mail.maricopa.gov" ,
   "maricopa 5 mrwilcox@mail.maricopa.gov" ,
   "maricopa 1 fbrock@mail.maricopa.gov" ,
   "maricopa 2 dstapley@mail.maricopa.gov"

This is a request for public information per Arizona Public Records law A.R.S. 39-121.

At Sheriff Joe’s Maricopa County Jail he operates a commissary store which sells stuff to the inmates. Once a week inmates are given a shopping list or commissary list. They select items to buy and the items are delivered to their cells a few days later. Of course the inmates don’t get this stuff for free. The cost of all their purchases are remove from the inmates bank account which Sheriff Joe also keeps.

We all know that Sheriff Joe takes pride in being the meanest jerk in the whole world so I suspect that to keep up his reputation Sheriff Joe probably charges the worst rip off prices in the whole world and because of this the jail must be a real revenue maker for the Maricopa County Sheriff’s department.

My first request for information per Arizona’s Public Records law A.R.S. 39-121 is can you send me some records detailing how much money the Maricopa County Jail commissary bring in monthly, how much its expenses are on a monthly basis, and how much profit it generates for Sheriff Joe each month?

My second request for information per Arizona’s Public Records law A.R.S. 39-121 is where does the money go from the profits? Does Sheriff Joe get to keep it and if so is he required to spend it on anything or is he allowed to spend the money any way he sees fit? Or do the profits go back to Maricopa County Government?

I have written Sheriff Joe a number of times asking him for the policy on mailing inmates in his jail letters. He has never responded to one of my letters. My third request for public information per A.R.S. 39-121 is can you email me a copy of this policy? If it is a word file please just attach it to the email and mail it back to me.

Thanks

*******************


Al Macias trys to pass the buck

This county buerocrat tries to get out of answering and passes the buck back to me!!!!

Subject: Response to inquiry
Date: Fri, 24 Jun 2005 11:39:58 -0700
From: "Al Macias - PIOX"

Mr... *****,

Your request for information was forwarded to my office. This office is not the custodian of records for the records you have requested, nor are the Supervisors, thus I cannot respond to your request. Your request must be made to the Sheriff's Department. The Public Information officer for that department is Sgt. Paul Chagolla. Hopefully he can provide the information you have requested.

Al Macias
Communications Director
Maricopa County
(602)506-7063
(602)506-4125 Fax

---Original Message-----
From: ******************************
Sent: Friday, June 24, 2005 10:20 AM
To: Andrew Kunasek - DIST3X;
   Max Wilson - DIST4X;
   MaryRose Wilcox - DIST5X;
   Fulton Brock - DIST1X;
   Don Stapley - DIST2X
Subject: Request for public information per A.R.S. 39-121

This is a request for public information per Arizona Public Records law A.R.S. 39-121.

Once a week on Sheriff Joe give all the inmates in his jail a commissary list which they fill out and turn in to the guard to order stuff. The stuff is then delivered to the inmates in a couple of days. Can you send me a copy of this list as required per the public records law A.R.S. 39-121? I’m sure the list is a word file and you can sent it back to me as an attached file.

Sheriff Joe loves to brag that he is the meanest jerk in the whole wide world and he likes to live up to that in real life. To live up to that reputation when Sheriff Joe give the inmates their commissary list he doesn’t put prices on it. Wouldn’t it be fun to shop in a store that didn’t have prices and you only found out how stuff cost you after you bought it? That is how Sheriff Joe forces the inmates in his jail to make their commissary purchases. My second request for public records per A.R.S. 39-121 is to be given a copy of the price list that Sheriff Joe charges the inmates. I am sure it is around as a word file or an excel spreadsheet. Can you please e-mail it back to me as an attached document?

Thanks
**********************


Al Macias forwards my letter to Joe's thugs

After a 2nd e-mail this county buerocrat at least forwards my letter to the correct person. One of Sheriff Joe's thugs.

Subject: FW: Response to inquiry
Date: Fri, 24 Jun 2005 12:46:02 -0700
From: "Al Macias - PIOX" amacias@mail.maricopa.gov
To: "Paul Chagolla - SHERIFFX" P_Chagolla@MCSO.maricopa.gov
CC: **********************************

Paul,

I am forwarding this public records inquiry at the request of Mr. ***** ****** who made the request to my office. As you see in my reply I have explained that my office is not the custodian of records and the request must be made to you office. Thank you in advance for handling Mr. Ross' request.

Al Macias
Communications Director
Maricopa County
(602)506-7063
(602)506-4125 Fax

-----Original Message-----
From: *********************
Sent: Friday, June 24, 2005 12:01 PM
To: Al Macias - PIOX
Subject: Re: Response to inquiry

well then please forward my request to whoever in maricopa is responsible for handling it. i sent it to the county supervisors are responsible for running the whole county including the maricopa county sheriffs department. please forward the request to them.

thanks

********

--- Al Macias - PIOX amacias@mail.maricopa.gov
wrote:

> Mr... *********,
> Your request for information was forwarded to my
> office. This office is not the custodian of records
> for the records you have requested, nor are the
> Supervisors,  thus I cannot respond to your request.
> Your request must be made to the Sheriff's
> Department. The Public Information officer for that
> department is Sgt. Paul Chagolla. Hopefully he can
> provide the information you have requested.
>  
>   
> 
> 
>  
> 
> ---Original Message-----
> From: ****************************
> Sent: Friday, June 24, 2005 10:20 AM
> To: Andrew Kunasek - DIST3X; Max Wilson - DIST4X;
> MaryRose Wilcox -
> DIST5X; Fulton Brock - DIST1X; Don Stapley - DIST2X
> Subject: Request for public information per A.R.S.
> 39-121 
>  
> 
> This is a request for public information per Arizona
> Public Records law A.R.S. 39-121.
>  
> Once a week on Sheriff Joe give all the inmates in
> his
> jail a commissary list which they fill out and turn
> in
> to the guard to order stuff. The stuff is then
> delivered to the inmates in a couple of days. Can
> you
> send me a copy of this list as required per the
> public
> records law A.R.S. 39-121?  I'm sure the list is a
> word file and you can sent it back to me as an
> attached file.
>  
> Sheriff Joe loves to brag that he is the meanest
> jerk
> in the whole wide world and he likes to live up to
> that in real life. To live up to that reputation
> when
> Sheriff Joe give the inmates their commissary list
> he
> doesn't put prices on it. Wouldn't it be fun to shop
> in a store that didn't have prices and you only
> found
> out how stuff cost you after you bought it? That is
> how Sheriff Joe forces the inmates in his jail to
> make
> their commissary purchases. My second request for
> public records per A.R.S. 39-121 is to be given a
> copy
> of the price list that Sheriff Joe charges the
> inmates. I am sure it is around as a word file or an
> excel spreadsheet. Can you please e-mail it back to
> me
> as an attached document?
>  
> Thanks
> *********
> 


Lieutenant Paul Chagolla e-mail

Lieutenant Paul Chagolla one of Sheriff Joes thugs with the title of Media Relations Office Commander says that I can have the information in its printed format for 50¢s a page.

He seems to say he is refusing to give me the data in an electronic format with the statement

I am not able to make available the records you seek in an electronic configuration.
I suspect that is a way of saying F*CK YOU you can't have the data in electronic format. Although it could be that Sheriff Joe is still in the stone age and doesn't use computers although I find that hard to beleive. And last perhaps Arizona public records law may not require him to give me the data in computer format. We will have to find out more on that.

Subject: Inquiry
Date: Fri, 24 Jun 2005 15:22:18 -0700
From: "Paul Chagolla - SHERIFFX" P_Chagolla@MCSO.maricopa.gov
To: *********************

Greetings Mr. ******:

Mr. Al Macias forwarded your communication to me.

The public records you have inquired about are in my possession. These records are available for production and discharge; a total of five pages exist. The fee per leaf of paper is $.50, and totals $2.50. I noted in your request that you requested electronic documents; however, I am not able to make available the records you seek in an electronic configuration.

You may phone me to formulate and formalize the necessary arrangements to retrieve the records.

Sincerely,

Lieutenant Paul Chagolla
Media Relations Office Commander
Maricopa County Sheriff's Office
602.876.1818


What are public records?

What is a "public record" and who can get a copy of a "public record"?

The laws that allow anybody to view and copy public records are defined in Title 39. What public records are are defined in both Title 39. and Title 41.

If you read these definations it seems like both the printed and electronic commissary list and prices are public records. And that Sheriff Joe's thugs are required to give both the electronic and paper format to me.

State law says they can charge me fees for mailing the data. And of course I want the data email to me and since there is no postage they should do that for free. State law says they can charge me for the media used to copy the data such as tapes and disks but since I am not asking for the data to be given to me on any type of media they should not charge me for that.

What is a "public record"?

39-121.01. Definitions; maintenance of records; copies, printouts or photographs of public records; examination by mail; index

A. In this article, unless the context otherwise requires:

<SNIP>

B. All officers and public bodies shall maintain all records, including records as defined in section 41-1350, reasonably necessary or appropriate to maintain an accurate knowledge of their official activities and of any of their activities which are supported by monies from the state or any political subdivision of the state.

41-1350. Definition of records

In this chapter, unless the context otherwise requires, "records" means all books, papers, maps, photographs or other documentary materials, regardless of physical form or characteristics, including prints or copies of such items produced or reproduced on film or electronic media pursuant to section 41-1348, made or received by any governmental agency in pursuance of law or in connection with the transaction of public business and preserved or appropriate for preservation by the agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations or other activities of the government, or because of the informational and historical value of data contained therein.

<SNIP>

Who can get a copy of a "public record"
A.R.S. 39-121.01.D.1

Any person may request to examine or be furnished copies, printouts or photographs of any public record during regular office hours or may request that the custodian mail a copy of any public record not otherwise available on the public body's web site to the requesting person. The custodian may require any person requesting that the custodian mail a copy of any public record to pay in advance for any copying and postage charges. The custodian of such records shall promptly furnish such copies, printouts or photographs and may charge a fee if the facilities are available, except that public records for purposes listed in section 39-122 shall be furnished without charge.

<SNIP>

What if Lieutenant Paul Chagolla or any other of Sheriff Joe's thugs in charge of the records doesn't know how to copy the public records, are too stupid to copy the records, or just play dumb and says he can't copy electronic records?

A.R.S. 39-121.01.D.3

If the custodian of a public record does not have facilities for making copies, printouts or photographs of a public record which a person has a right to inspect, such person shall be granted access to the public record for the purpose of making copies, printouts or photographs. The copies, printouts or photographs shall be made while the public record is in the possession, custody and control of the custodian of the public record and shall be subject to the supervision of such custodian.


Lieutenant Paul Chagolla was in the Sunday June 26 issue of the Arizona Tribune. It says he is a big time supporter of Sheriff Joe and he got promoted.

Among the most active supporters of the sheriff was Lt. Paul Chagolla, who was promoted in November. Chagolla filed about 30 nominating petitions for Arpaio and gave $100 to his campaign. Though he was promoted, Chagolla was not transferred from his job as public information officer.

The article follows:

Source

Careers linked to Arpaio support
By Mark Flatten, Tribune
June 26, 2005

Robert Parrish was an open supporter of Dan Saban in his bid to oust Maricopa County Sheriff Joe Arpaio last year. Though he did not show his preference on duty, Parrish did paste Saban bumper stickers on his personal cars.

Parrish was a captain in the sheriff’s office, in charge of the coveted unit that patrols the county’s lakes and rivers. Last November, just weeks after Arpaio won re-election, Parrish was transferred, put in charge of booking inmates into the county jails. It is one of the least desired assignments in the sheriff’s office.

Parrish was not alone. Almost all of those who openly backed Saban, a career Mesa police commander who challenged Arpaio in the Republican primary, found themselves filling some of the least sought-after jobs in the sheriff’s office after the November general election, an extensive review of public records by the Tribune has found.

Those who worked to reelect the sheriff moved into more prized positions. A halfdozen of the sheriff’s staunchest backers in the ranks of sworn officers were promoted shortly after the election, county records show. Three others were promoted in April 2004 after either giving money to Arpaio’s campaign or filing nominating petitions on his behalf. One was promoted earlier this month.

No one who donated to Saban’s campaign was promoted after making their contributions.

Arpaio refused repeated requests for an interview.

Jack MacIntyre, director of intergovernmental relations for the sheriff, said Arpaio deferred to his command staff for comment. While Arpaio approved of the overall restructuring, specific transfer decisions were left to his staff, MacIntyre said.

Larry Black, chief of enforcement for the sheriff’s office, said he drew up the transfer list for sworn officers and that politics played no role. Black said he never checked the list of donors to either the Arpaio or Saban campaigns.

"There is no correlation one way or another," Black said of the transfers and promotions of those who were active in the campaign. "You are giving us far more credit for being devious. It’s ridiculous."

MASS TRANSFER More than 300 sheriff ’s officers were transferred on Nov. 22, three weeks after the general election. About 140 of those were sworn peace officers and supervisors. That is about a fourth of the sheriff’s sworn staff. The rest were corrections officers in the county jails.

Such mass transfers are virtually unheard of among other law enforcement agencies surveyed by the Tribune, including those in major East Valley cities, Phoenix, the Arizona Department of Public Safety and the Pima County Sheriff’s Office in Tucson.

Several Maricopa County officers told the Tribune they believe the deputies were sent to less desirable jobs because of their support for Saban. None would agree to be quoted for this story, with several citing fear of retaliation. Parrish, who retired this month after 22 years with the sheriff ’s office, also would not comment.

An analysis of the transfers of sworn officers by the Tribune shows deputies who backed Saban, Arpaio’s rival in the Republican primary last September, were moved to such jobs as transporting prisoners or standing watch in courtrooms. After receiving complaints from deputies, the Tribune analyzed transfer and promotion lists, personnel records of key sworn officers, and campaign documents related to both the Saban and Arpaio campaigns.

Among the sheriff’s officers who openly supported Saban:

• Sgt. Mike McGhee, who gave $100 to the Saban campaign, was transferred from patrol to the property room, then moved to a training unit. Black said McGhee was transferred sometime before November.

• Sgt. Jerry Bruen, who gave $350 to Saban, was transferred out of the detective bureau to patrol.

• Sgt. Craig Thatcher, who gave $350 to Saban, was transferred from patrol to the special enforcement division, where he was put in charge of taking telephone reports on minor crimes.

• Deputy Clinton Doyle, who gave $350 to Saban, was transferred from patrol to court security.

• Deputy David Parra, who gave $120 to Saban, was transferred from patrol to court security.

• Deputy Tehran Ryles, who gave $100 to Saban, was moved from patrol to court security.

• Deputy Christopher Pittmann, who gave $100 to Saban, remained in patrol. However, his wife, also a sheriff’s deputy, was passed over for promotion to sergeant. Jennifer Pittmann ranked higher on the promotion list than Aaron Brown, the deputy promoted in November, who gave $100 to the Arpaio campaign.

One donor to the Saban campaign, Lt. Daniel Jones, shows up on the sheriff ’s transfer list as being sent to the civil process unit. However, Jones’ personnel file shows he had been in that unit since 2001. Jones gave $350 to the Saban campaign.

Others who showed support for Saban, but did not give money, also were bumped from specialized and prestigious positions. Capt. Dan Whalen had been in charge of the intelligence unit for the sheriff ’s office before the November transfers. But after he attended a Saban primary election night rally in Mesa, he was transferred to the property room.

FEAR OF RETALIATION Deputy Sean Pearce, whose wife gave $50 to Saban, was on the sheriff’s SWAT team when the November transfers went through. Pearce, who lives in Mesa, was given a patrol assignment in Sun City but remained on the tactical unit. He was shot during a SWAT operation in December, and the old SWAT team was replaced a few weeks later. Pearce remains in the special enforcement unit, but is off the SWAT team.

Officers who said they feared retaliation if they spoke with the Tribune cited what happened to Pearce, who spoke critically of his newly installed SWAT commanders — both Arpaio supporters — during an interview with the Tribune in January. The day after that interview, Pearce and other members of the SWAT team were put under internal investigation.

That investigation remains open.

Two deputies who donated to Saban, Lance Novasad and Jack Heywood, remain patrol officers and do not appear to have been affected by their campaign contributions. Novasad gave $60 to the Saban campaign while Heywood gave $40, county records show.

Two other deputies who donated to Saban were already in the units that guard courtrooms and transport prisoners before the November election.

Deputy Michael Culhane, who gave $350 to Saban, was moved out of lake patrol and into court security in 2002, according to his personnel records. Culhane is head of the Deputies Law Enforcement Association, a union representing sheriff’s deputies.

Deputy Michael Pennington, who gave $140 to Saban, was moved to court security in 2001, records show. Pennington is president of a Fraternal Order of Police lodge that endorsed Saban in the primary last year. In 2000, a year before he was moved to court security, Pennington’s lodge issued a "vote of no confidence" against Arpaio.

It is a violation of county employee merit rules to discriminate against workers who engage in permitted political activity, which includes donating money or expressing support for a candidate while off duty.

NECESSARY CHANGES Black said large-scale transfers are done periodically in the sheriff’s office. Last year, the office hired about 40 officers, who had been assigned to the jail and prisoner transport units after they graduated from the academy, Black said.

Some transfers were done to free patrol positions so those new deputies could get training in the field, he said. That required some experienced deputies to be transferred to prisoner transport and court security, Black said.

Three deputies who donated to Saban and were moved off patrol were experienced field training officers — deputies who are qualified to train new patrol officers.

Though Black said he could not speak to all of the transfers, he did say some individuals were moved because their experience and expertise were needed in specialized assignments.

As for the patrol officers reassigned to the jails and courts, Black said that was a natural consequence of moving the new deputies into the field for training. He acknowledged that some of the positions are less desired than others.

"Unfortunately, some of the older guys don’t like getting moved back down to transportation and we try to avoid doing it as much as we can," Black said. "The transfers had nothing to do with any list, including a contributions list."

Saban, now chief of police in Buckeye, said arbitrarily transferring experienced officers is bad policy because it robs the agency of expertise in specialized assignments that took years to build.

"You’ve got to judge people on their work performance and their value within the organization, not what they do personally in a political setting. That’s inappropriate," Saban said.

MOVING UP While Saban backers fared poorly in the November transfers, those who worked to reelect Arpaio either stayed put or ended up in choice assignments. Most of the top commanders in the sheriff’s office either gave money to the Arpaio campaign, circulated nominating petitions, or did both, according to election records.

The Tribune matched the names of people who circulated petitions or gave money to Arpaio with the personnel files and transfer lists. That comparison shows that after aiding Arpaio’s campaign, three of those officers were promoted to sergeant, three to lieutenant, three to captain and one to deputy chief.

In all, the Tribune identified 40 sheriff’s office employees who either donated to Arpaio or circulated his nominating petitions. Almost half were on the transfer lists.

Among the most active supporters of the sheriff was Lt. Paul Chagolla, who was promoted in November. Chagolla filed about 30 nominating petitions for Arpaio and gave $100 to his campaign. Though he was promoted, Chagolla was not transferred from his job as public information officer.

Other political supporters of Arpaio who were promoted in November: Deputy chief Brian Sands, who filed 22 nominating petitions; Capt. Terry Young, who filed five petitions and gave $200; Lt. David Letourneau, who donated $100; Sgt. Bryan Todd Whitney, who filed one petition; and Brown, who was promoted to sergeant.

Capt. Joel Fox and Sgt. Travis Anglin, who filed nominating petitions for the sheriff, were promoted in April. Also promoted in April was Lt. Kenneth Holmes, who gave $200 to the sheriff’s campaign two months earlier, according to county records.

Earlier this month, Capt. Edward Lopez, who filed nominating petitions for the sheriff, was promoted and given Parrish’s old job.

While Black characterized the post-election shake-up as routine, no other police agency contacted by the Tribune has transferred such large numbers of sworn officers, according to department officials. Transfers are typically done on a case-by-case basis as positions come open, with applicants judged on factors such as seniority, test scores and oral boards. Most police departments, including those in the East Valley, also periodically allow patrol officers to apply for different shifts or patrol sectors.

"Our policy has pretty much been that if people are happy in their position, they are allowed to stay," said deputy Dawn Barkman, spokeswoman for the Pima County Sheriff’s Office.

Louis Mayo, a police management consultant and cofounder of the Virginia-based Police Association for College Education, said large-scale transfers are seldom done in major police agencies.

"Just shaking things up is not good policy," Mayo said. "If you are going to do reassignments, it should be done with clear criteria of what the problem is, what is the purpose and what is the good for the organization. Just moving people around is not good management."

Contact Mark Flatten by email, or phone (602) 542-5813

 
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