Sheriff's Office explains why it took over county computers

8-15-2009 Arizona:

A Maricopa County Sheriff's official said Thursday that his office's takeover of a county computer system was prompted by repeated requests by the state to protect sensitive criminal-justice data.

Chief Deputy David Hendershott said the state Department of Public Safety was concerned that civilians could have inappropriate access to criminal-history records in the system.

The Sheriff's Office took control of the Integrated Criminal Justice Information System from county employees on Wednesday. The system links the county's criminal-justice agencies to state and national databases that hold criminal records, court dates, probation and personal information, and other records.

"We felt intrusion (into the system) was imminent," Hendershott said.

At a Superior Court hearing Thursday, the Board of Supervisors and county administrators tried to get a temporary restraining order against the Sheriff's Office and get the system back under their control. That hearing continues at 2:15 p.m. today.

The Sheriff's Office and the Board of Supervisors have been debating control of the system for months. In April, the Sheriff's Office filed a lawsuit in Superior Court over the system's management.

On Wednesday morning, 10 deputies and a sheriff's computer expert took control of some county computer equipment and changed a password. County officials characterized the action as a "raid."

But Kerry Martin, an attorney representing the Sheriff's Office, said deputies "did not go in and seize any equipment, no court records and no e-mails." Instead, they changed the password so sensitive criminal-justice information could be accessed only by law-enforcement officers with special clearance.

County officials say the Sheriff's Office overstepped its boundaries, especially given the lawsuit.

"There's just no justification imaginable for the . . . use of force that was put out, or the intimidation," said Wade Swanson, an attorney for the supervisors.

Gary Huish, the system's program manager, said deputies approached him and told the five workers in the office to cooperate.

"The circumstance was intimidating," he said in court. "Our jobs basically stopped at that point."

The data system is used by several county agencies, including the offices of the sheriff, county attorney, Superior Court, court clerk and indigent defense.

The computer system works as an electronic hub that allows the agencies to share information. The system was funded with tax dollars approved by voters in 1998; it has been operating under an agreement among the criminal-justice agencies since 2003.

Under state and federal law, a criminal-justice agency must manage the system. However, in the wake of the deteriorating economy and deep budget cuts, County Manager David Smith last year moved the system's information-technology positions to the Office of Enterprise Technology.

The move essentially gave control of the system to the county.

Sheriff's and county attorney officials question the county's legal authority to oversee the system. Hendershott said the DPS asked the Sheriff's Office three times over the past year whether a criminal-justice agency had control.

If not, it could result in a shutdown of access to the National Criminal Information Center and the Arizona Criminal Justice Information System, which provide criminal histories and other information.

Hendershott said they were at an impasse with county officials over control. He told the DPS and the FBI's special agent in charge that the Sheriff's Office was going to take over.

The DPS and the FBI both said that they were notified of the takeover but that neither agency approved it. Officials with each agency said they do not have the power to authorize such actions.

"We didn't approve or disapprove," DPS Lt. Steve Harrison said. "We consider this an internal matter between the county and the county Sheriff's Office."

Barnett Lotstein, spokesman for the county attorney, said the sheriff did not contact his office before making the computer changes.

"While we were not consulted prior to the sheriff's action, we do believe the sheriff had a legal right to take control of the ICIJIS system," Lotstein said.

At the hearing, Superior Court Judge Joseph Heilman denied a motion from the county to dismiss the entire case.

He also denied a motion from the Sheriff's Office to move the case to another county because of possible bias.

The judge also repeatedly questioned the actions of the Sheriff's Office, asking why officials failed to notify the court before forcefully changing the password. ..Source.. by Michael Kiefer and Yvonne Wingett