Maricopa torn apart by grand jury criticism

BY JAMES BURGER, Californian staff writer
jburger@bakersfield.com | Friday, Jun 03 2011 08:12 PM

Last Updated Friday, Jun 03 2011 08:14 PM

MARICOPA -- As Joey Zachary of Pismo Beach drove into the outskirts of Maricopa just after noon on Friday, she saw the urgent flashes from oncoming headlights.

Zachary, who drives Highway 166 from the coast to visit family in Bakersfield once or twice a month, knew exactly what those headlights were saying.

A Maricopa Police Department cruiser was lurking close by, ready to ticket.

"It's a total speed trap," Zachary said.

DUST UP

This week, two reports from the Kern County Grand Jury highlighted what it considered aggressive traffic enforcement tactics and questionable professional qualifications of the Maricopa Police Department, sparking more emotional debate in the tiny southwest Kern County oil and agriculture town.

A jury committee recommended disbanding the largely volunteer police agency, citing about 100 citations that are unaccounted for, the fact the Maricopa City Council never approved a contract with Police Chief Derek Merritt and an inappropriate relationship between Maricopa and Randy's Towing, a company that opened a tow lot in town under a contract never approved by the council.

Now residents and city council members are painting opposing pictures of the police department.

In one version, the police are a corrupt coalition troubling the town. In the other, they are heroes making Maricopa safe for businesses and children.

COUNCIL MEMBERS

Maricopa City Councilwoman S. Cynthia Tonkin describes herself as "a busy-body little old lady from Turkey" and says she ran for her post in 2010 because she couldn't stand the problems brewing at City Hall just a block down Highway 33 from her tidy little home.

Tonkin thinks the grand jury told the truth.

"I am really, really thankful for the grand jury," she said. "In my opinion we need change, and drastic change."

She points to the city's budget problems. The city council didn't pass a 2010-2011 budget until February -- four months before the fiscal year ends in June, she said.

And when she asked for records showing how much employees were paid, Tonkin said, city staff "lump-summed" the payroll data together and council members couldn't find out how much workers were making individually.

She is concerned about what she sees as an obvious effort by police and Randy's Towing to target people for vehicle impounds, for which the city earns a flat $150 fee and a 25 percent share of impound penalties.

Police cars shadow drivers, she said, and the tow truck shadows the police cruisers.

"We have an over $200,000 deficit. We have to balance our budget. But I don't think we should do it with Randy's Towing," she said.

But when Councilman Andy Blakely looks at the Maricopa police, he sees only a law enforcement agency doing its job and bringing people to justice.

Grand Jury claims that police profile Hispanics they think might be driving without a license or insurance in the hopes of scoring a lucrative impound don't fly with him.

Maricopa police "stops are justified under California law and we cannot supercede those laws by refusing to enforce them," Blakely said from his front porch looking out over his dusty driveway.

He also disagrees with the charge police are using minor violations as an excuse to make traffic stops.

"I got stopped a month ago in Taft because the ball (hitch) on my bumper blocked one of the letters on my license plate," he said. "To me it's not a harassment deal."

If the tough enforcement saves lives, Blakely said, it's worth it.

He discounts concerns that Merritt was hired without city council approval.

The city administrator, at the time, told the council about the hiring. There was no vote to approve the contract, Blakely acknowledges, but the council gave the hire a nod unofficially.

"The city administrator is in charge of personnel and the police department is personnel," he said. "If you don't have confidence in your staff, I don't know how you get anything done."

Grand jury charges that police weapons and citation reports can't be found, Blakely said, have explanations, too.

Maricopa gave weapons to the Kern County Sheriff's Department when it took over law enforcement in the city. When Maricopa rebuilt its police force, he said, it just forgot to ask for the weapons back.

And, he said, when Chief Merritt started up the new enforcement programs, there were hiccups natural at the beginning of any new effort.

"I have full confidence in our chief that everything will be in good order," Blakely said.

PINS AND NEEDLES

For the people who drive through town regularly, the tight enforcement is legendary -- and drives people away from the city of just more than 1,000 people.

Zachary rolled into Maricopa quietly on Friday, warned by the flashing headlights, and stopped for a refreshment at the town's only gas station -- Bob Archibald's Shell station and Subway sandwich shop. Zachary said she always drives carefully in Maricopa -- below the speed limit and paying close attention to the most minor traffic laws.

She's seriously considering driving up to Highway 46 when the new lanes on that route open. The drive is 20 minutes longer, she said, but it might be worth it to avoid the hassle of Maricopa.

Resident Mark Soiu said farm workers just stopped coming through Maricopa. His friend, Luke Hernandez, said enforcement dropped off after that.

"I think (police) are busting people for their money and their cars," Soiu said.

ENFORCEMENT FAN

Vicki Destrampe, who runs her Maricopa Quilt Company just across two-lane Highway 33 from Tonkin's home, said she loves the tough enforcement stance from Maricopa police.

"When it's foggy and dark when I leave the business in the winter, I don't want to think that there's somebody out there when there's no cop around," she said. The grand jury's report "is their opinion. I don't think we need to go with the Sheriff's Department. We've had the Sheriff's Department before and it takes them forever to get here."

She said the criticisms of the police department come from a group of troublemakers who don't appreciate an active police presence.

"There are not that many people who are unfriendly to the police department," she said.

TOW TRUCKER

For Randy Winkle, owner of Randy's Towing, the grand jury reports and the heavy media attention are a frustration.

All he is doing, he said, is offering a service to Maricopa that he also offers to the Kern County Sheriff's Department, Santa Barbara County Sheriff's Department and California Highway Patrol.

He put the tow yard in Maricopa, he said, because the Kern County Grand Jury suggested it several years ago and a previous Maricopa city administrator followed through.

Winkle said he never had a signed contract because recently resigned City Administrator Dan Ayala never brought the deal to the council and wouldn't sign it himself. He was towing cars as part of what Ayala called a "pilot program," Winkle said.

Critics have called an $8,000 loan he gave the city a kickback.

He said he agreed to give the city the advance on impound revenue after Ayala complained the city couldn't make payroll and asked for Winkle's financial help.

But he made sure that everyone at city hall knew what he was doing, including Tonkin, to ensure everything was on the up-and-up.

Winkle said he would just like to stop seeing his name and company dragged through the mud.

The conflict in Maricopa isn't about back room deals, Winkle said. It's about a small town political power struggle.

"There are no 'good ol' boys out there -- it's the Hatfields and McCoys."

http://www.bakersfield.com/news/local/x43955435/Maricopa-torn-apart-by-grand-jury-criticism