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Garcia will face no discipline from county

06:45 PM MST on Monday, September 8, 2008

By Bob Richardson, Fox 11 News

Isabel Garcia, the head of the Pima County Legal Defender Office and an activist with Derechos Humanos has apologized for her actions at a protest on July 10, but will face no disciplinary action because of it.

Garcia joined others at the Barnes and Noble store on Broadway and Rosemont to protest the presence of Maricopa County Sheriff Joe Arpaio. Arpaio had agreed to speak to a group inside the store and sign copies of his latest book.

During that, Garcia was on a bullhorn outside the store protesting. The group was upset over policies Sheriff Arpaio has implemented in Maricopa County over illegal immigrants.

At one point, some young people produced a pinata with Arpaio's face on it a and began beating it with a bat.

Led by a morning radio talk show host, numerous organizations and groups protested her actions to the county.

In a lengthy report, County Administrator Charles Huckelberry today said his investigation has turned up no violations of county policy or state laws in Garcia's actions that day.

"What is embarrassing or inappropriate to one person may not be to another," Huckelberry wrote.

He did request the county Human Resources Department visit the vague county policies on outside activities and possibly ask the County Merit System Commission to revise them.

Huckelberry made these findings as to Garcia's actions that day:

-- She attended the Barnes and Noble protest as a private citizen;

-- She had no knowledge of a pinata being brought to the protest;

-- She did not know the piniata would be in the likeness of Sheriff Joe Arpaio;

-- She did not recruit or organize the youth who destroyed the pinata;

-- She did not strike the pinata;

-- She did not participate in any picketing or chanting during the pinata breaking;

-- She was asked by Tucson Police officers to assist in moving the protest away from the Barnes and Noble entrance, which she agreed to do;

-- She did not participate in any illegal activity;

-- And she has not used her office or County resources for any outside activity.

"Therefore, no disciplinary action is warranted in this matter," Huckelberry said.

But Huckelberry says Garcia is remorseful over the incident and the problem it has caused Pima County and has apologized to Huckelberry.

"Had a management official of the County purposefully interfered with the legitimate business activities of a private business, even on their own off-duty time, I would discipline said employee of Pima County," Huckelberry said.

"My expectations regarding this matter as it may relate to future activity have been clearly conveyed to Ms. Garcia," Huckelberry concluded.

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