Supporting Individuals

By Criss Candelaria, Apache County Attorney

Many questions are asked about County support for individuals and families. For example, can County graders driven by County operators be used to assist folks in grading roadways and driveways, or can a county backhoe with a county operator be used for cleaning drainage and irrigation ditches? After all, the County has the tools and people to get these jobs done, and so why not?

County resources are intended to be used for public purposes, and the Arizona statutes must specifically authorize the purpose for the work and the type of work to be done. Under the law, it is not right for a county operator to use the County equipment to blade a friend's driveway, or repair culverts and drainage ditches. If the operator does so, he is giving away taxpayers' money to help some one of his choosing so it is not a public purpose. Additionally, on the Reservation, Navajo Nation and BIA (and other federal) rules and regulations often limit the type of work that can be done, even on public roads. When County resources are used improperly for the personal benefit or gain of an individual, then investigations and criminal or administrative sanctions may follow.

Public purposes include aiding people in times of emergencies, like flooding. Even under these circumstances, the County can provide only so much assistance as will preserve life and limb, and is not supposed to make permanent improvements.

So, when the County Attorney's Office is asked questions about supporting individuals within the community, we tell County officials and personnel about the limits the law places on assistance to individuals to help them make their decision.

© 2008 Criss Candelaria