The Pima County Board of Supervisors wonโt be able to use the county attorneyโs anti-racketeering funds to pay for an audit of the account, which board members approved earlier this month.
On Sept. 19, supervisors approved an audit of the past five yearsโ worth of expenditures out of the Pima County Attorneyโs Office Anti-Racketeering Revolving Fund, along with all future expenses.
Since then, the board has learned it only has the option to audit RICO expenditures from Aug. 9 forward, and that supervisors canโt use money from the anti-racketeering fund to pay for an audit.
โWe can only use the money to get legal opinions on expenditures and settlements,โ said Supervisor Sharon Bronson.
Earlier this year, shortly after former sheriffโs Chief Deputy Chris Radtkeโs conviction for misuse of federal Racketeer Influenced Corrupt Organization funds, Arizona legislators tightened laws regarding the use of such money and how it will be distributed.
One recent change to state law requires the board of supervisors to review and approve the county attorneyโs office requests for money from the anti-racketeering fund.
The federal money, which comes from funds seized from individuals accused of crimes, is meant to be used by the county attorneyโs office and local law-enforcement agencies for crime-fighting and crime-prevention purposes.
โWe use our anti-racketeering funds to fund our staff, to support (community restorative justice boards across the county,) as well as supplies and services,โ said Dave Smutzer, legal administrator for the Pima County Attorneyโs Office. โThereโs a variety of day-to-day expenses for which we use RICO funds to supplement the county attorneyโs general fund.โ
Because supervisors now have to approve all county attorney expenditures out of the anti-racketeering fund, they could decide to โcease to allowโ the office to use the fund to pay for employees.
If the county attorneyโs office isnโt able to pick up the costs of those employee salaries, that could force layoffs, Smutzer said, adding that if the county attorneyโs office uses the general fund to pay for those positions, it couldnโt go back to using the anti-racketeering fund, as the positions would become part of the county attorneyโs mandated services.
โI question the procedures that youโve developed (for requesting RICO expenditures) and the changes that youโve made from these original procedures,โ Supervisor Ally Miller told Smutzer.
The board clarified that while it doesnโt have the authority to force the county attorneyโs office to submit to an audit, the county attorney could request an audit.
โI see no reason to do an audit,โ Smutzer said.
โI would say after what has happened with these RICO funds it might be a good idea to have a periodic audit, donโt you?โ Bronson responded, referring to Radtkeโs admission in federal court that the Pima County Sheriffโs Department had been misusing RICO funds for nearly 20 years.
โThe historical evidence has shown that there was a fraud perpetrated on the county attorneyโs office by the sheriffโs office employees,โ Smutzer said. โThereโs been no documentation or proof in any claims made that thereโs been any misappropriation or misuse of county attorneyโs funds.โ
Going forward, the board has a few options. In Pinal County, Bronson said, the board of supervisors has asked the Attorney Generalโs Office to do an audit.
One option is to revisit the issue in three to six months and evaluate the county attorneyโs expenditures during that time, before seeing if the office would be amenable to an audit at that time.
Before an audit can occur, the board would have to identify a funding source, said Andrew Flagg, deputy Pima County attorney in charge of the civil division.
โI think from an overall checks and balances and optics and comfort level, the county attorneyโs office would welcome someone with a different set of eyes outside the realm of the county attorneyโs office as these expenditures come forward, to have an automatic handing off to this expert or consultant or agency to declare their opinion that the expense is a legitimate use of RICO funds,โ Supervisor Steve Christy said. โI just think that covers everybodyโs bases.โ
Miller asked Smutzer again if the county attorneyโs office would be willing to submit to an outside audit, saying that she though it would bring โa lot of people a level of comfort.โ
Smutzer referenced a memo from County Administrator Chuck Huckelberry, which identifies six steps the county attorneyโs office would take to assist in transparency. Smutzer also said the county attorney would provide a yearโs worth of historical expenditures by all law enforcement agencies and provide the data to the county, also agreeing to submit additional information with all future requests, showing a โlaw enforcement nexusโ to justify the RICO expenditure.
Miller was quick to tell Smutzer he didnโt answer her question.
โIf the board chooses to fund an audit, that is their decision to make. Iโm not objecting to an audit,โ Smutzer said.
Supervisors agreed to revisit the issue in three to six months.
