For years the Pima County Supervisors have used surplus office funds to contribute to outside organizations. The system has given supervisors a political perk using taxpayer money.
They win praise and loyalty and the taxpayers foot the bill. Those same taxpayers are left out of the loop. The contributions are made without an open meeting in which the supervisors must rationalize the use of funds.
In 2012, the Prince William Board of County Supervisors unanimously voted to eliminate the ability to use their surplus office funds, due to criticism that the donations had also led to “public accolades that many have argued give them an edge in local races where turnout is low and the value of incumbency high: recognition at community events, campaign-style advertisements placed in programs and listings as donors on popular community organization Web sites, for example,” according to the Washington Post.
The situation is identical in Pima County, Arizona, where the supervisors give public monies to private interests, and win friends. Some of those friends can be counted for contributions to re-election campaigns later.
In an appearance on the James T. Harris show, Supervisor Ally Miller revealed that District 5’s supervisor, Richard Elias, has once again “funneled money” to private organizations that have turned around and endorsed him in his campaign.
“There needs to be an investigation because a lot of these are 501(c)(3)s and if officers are giving to the individual Board of Supervisor members that are giving them donations back or monies back it appears to me there needs to be an investigation…”
Miller added, “Some of the individuals who are the chairs and members of these boards are donating to the supervisor… It does not look appropriate to me.”
Elias was part of the TUSD “Promotoros” money funneling scandal, in which the District was fined over $3 million dollars by the DOJ, in July 2011. In that scheme, Title 1 monies were funneled away from children, and used to train women in the country illegally as community organizers to work on various political and issue campaigns.
Miller said of Elias, “As we went through this we found multiple others that are questionable donations for Richard Elias. The southern Arizona Aids Foundation got $3,000 the American Diabetes Association got $1750, Arizona Media Arts Center…”
In 2014, on August 25th at 8:20 a.m. Timeline Templates for Planned Parenthood of Arizona were found on the main copy machine in the Board of Supervisors office. The papers were in a leftover paper bin as if someone had forgotten they had printed them, according to Miller.
Seeing these forms, Miller’s staff began a search on who in the Pima County Board of Supervisors would be actively involved in planning for Planned Parenthood of Arizona.
It was then discovered that District 5’s supervisor, Richard Elias, has a staff member, Andres Cano, who is a Director on the Board for Planned Parenthood of Arizona. Andres Cano joined the District 5 office in August 2012 but also worked in that office for a brief time in 2010.
Coincidently Supervisor Elias was endorsed by Planned Parenthood on October 2012 during the 2012 re-election campaign. Elias was re-elected and within 17 days of his new term and he gave $900 to Planned Parenthood from County District 5 office budget. Another $1500 was given in February,2014 from his District 5 office budget.
It appears that while the County was granting money to Chicanos Por La Causa for various services rendered, Elias gave the organization the additional following monies:
8/23/2012 $1,000.00 11/23/2012 $400.00 12/13/2012 $500.00 5/13/2013 $2,500.00 11/14/2013 $800.00 12/5/2013 $400.00 4/10/2014 $2,500.00 6/26/2014 $4,999.00
The expenditures beg the question: Why did the District 5 office, and not the County, expend the monies if – in fact – they were for services rendered. Buying tables for the charity’s galas, and subscriptions, membership dues, might happen once a year. However, the expense above are categorized under Support & Care Services, and Indigent Medical Care.
Ally Miller told James T. Harris, “There is a lot of this that is going on and we need to stop it.”
According to the IRS, there is a restriction of political campaign intervention by Section 501 (c) (3) Tax Exempt Organizations which states that they:
“are absolutely prohibited from directly or indirectly participating in, or intervening in, any political campaign on behalf of (or in opposition to) any candidate for elective public office. Contributions to political campaign funds or public statements of position (verbal or written) made on behalf of the organization in favor of or in opposition to any candidate for public office clearly violate the prohibition against political campaign activity.”
According to the Goldwater Institute:
“Forty-seven state constitutions have what are known as ‘gift clauses’—some are called ‘anti-gift clauses’ or “anti-donation clauses.”
Generally, these clauses state that governments cannot give financial subsidies to private organizations. The Arizona Constitution’s gift clause, for example, reads, “Neither the state, nor any county, city, town, municipality, or other subdivision of the state shall ever give or loan its credit in the aid of, or make any donation or grant, by subsidy or otherwise, to any individual, association, or corporation….” Prevailing case law allows for two-side, arms lengths transaction under the gift clause is whether the expenditure in question serves a public purpose. In some states, such as Arizona, the public purpose question is only the first hurdle for a government entity in defending its expenditure. In other states, however, the government wins if it can show a public purpose.”
“This can be a difficult question because many states have interpreted “public purpose” very broadly, granting governments wide discretion.”
While Planned Parenthood and Chicanos Por La Causa, no doubt, generally serve a public purpose, it appears on its face that the monies expended by Supervisor Richard Elias also served a private purpose; to win friends and influence people.
According to sources, Elias and Canos were working in their offices unusually late after the Miller appearance Wednesday night.
The same pattern emerges for the other supervisors. The ADI has requested an opportunity to inspect the Tuff Shed Supervisor Ray Carroll purchased through his office. Check back soon for Tuff Shed pics, and more follow-up as we follow the funds…..