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Joyce Clark Unfiltered

For "the rest of the story"

Disclaimer: The comments in this blog are my personal opinion and may or may not reflect an adopted position of the city of Glendale and its city council.

On Tuesday, March 28, 2018 the Glendale City Council in a vote of 4 to 3 approved the expansion of building size and hours for Arizona Organix, a medical marijuana dispensary located in Glendale. Mayor Weiers and Councilmembers Hugh, Turner and Aldama voted in favor. Vice Mayor Tolmachoff and Councilmember Malnar and I voted against.

Another history lesson on the background of legalized medical marijuana in Arizona is in order. On November 2, 2010 voters in Arizona legalized the use of medical marijuana. The state created Community Health Analysis Areas (CHAAs) allowing one dispensary in each CHAA. There are over 100 CHAAs in the state. Glendale has at least (and probably more) 8 CHAAs within its boundaries.  Here is the current CHAA map:

Glendale passed a Zoning Ordinance, effective March 25, 2011 to deal with dispensaries within its city limits:

  • Allowed in zoning classifications of General Office (G-O); General Commercial (C-2); and Heavy Commercial (C-3)
  • Dispensaries must be one mile apart
  • Dispensaries must be 1,320 feet away from elementary, middle and high schools
  • Dispensaries must be 500 feet away from residential properties
  • Maximum building size of 2,000 SF
  • Allowable hours of operation are 8 AM to 8 PM (12 hours)

Arizona Organix filed for a zoning text amendment to Glendale’s current zoning requirements asking for a 6,000 SF allowable maximum building size and for an expansion of operating hours from 8 AM to 10 PM (total hours open – 14).

I voted against their request for 2 reasons. One is that the action is precedent setting and the newly approved standards will apply to all dispensaries in Glendale. While Glendale currently has 3 dispensaries, more are on the way and they will be able to operate under the newly approved text amendment requirements as to building size and hours of operation. This time a majority of city council approved an increase in building size and hours but what’s next now that the door has been opened to change Glendale’s specific regulations?

However, for me there was an even more compelling reason to vote against their request. As an elected official I took an oath of office. In that oath I swore I would “support the Constitution of the United States and the Constitution and laws of the state of Arizona…”   Note which is cited first — the Constitution of the United States and which is cited in the secondary position – the Constitution of Arizona.    

Interestingly, Mayor Weiers and Councilmember Turner dismissed my argument. I think they might have some ‘learnin’ to do. Article VI of the United States Constitution contains the “supremacy clause.” The supremacy clause contains what is known as the doctrine of pre-emption. This doctrine states that any federal law, even if it is only a regulation from a federal agency, supersedes any conflicting state law, even if that law is part of the state’s constitution. In other words the federal government wins every time when there is conflicting legislation between the feds and the states.

The federal government has laws prohibiting the use of marijuana for any use. At least 29 states have legalized marijuana, medically or recreationally. But that does not make what they are doing legal. In the eyes of the federal government it is still a crime. To date the federal government has been reluctant to take on the states over this issue but its inaction should not be confused with tacit approval for marijuana use. One should not assume that federal inaction will continue indefinitely.

Here’s a different version of the same state action to refuse to recognize the doctrine of pre-emption. California recently passed legislation making it a sanctuary state in order to protect illegal aliens. In this case, the federal government has filed suit against the state on the basis of pre-emption. Interestingly, Orange County, California has joined the federal suit. I suspect the Supreme Court will recognize and uphold this doctrine.

 California’s action is no different than the action of the states that have passed legislation to allow the use of marijuana for they, as well, have chosen to ignore the doctrine of pre-emption. The only difference at this point in time is that the federal government has not filed suit against them. Should the federal government win its action against California I suspect in the future it will file suit on the same grounds against those states that have legalized marijuana.

I have no public opinion for or against the use of marijuana.  If I had approved the Arizona Organix zoning text amendment I would have been enhancing and abetting the state’s refusal to recognize the constitutional doctrine of pre-emption. I am a constitutionalist and I do believe that the federal constitution and the laws derived wherefrom are supreme, including the areas of tobacco, firearms and drugs. If states legislate opposing federal law what else in the Constitution will they choose to ignore? Then what do we become? A collection of states with no common authority?

In my small way, I chose to uphold the Constitution of the United States.

© Joyce Clark, 2018         

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such material. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

Disclaimer: The comments in this blog are my personal opinion and may or may not reflect an adopted position of the city of Glendale and its city council.

On Friday, March 23, 2018 the City of Glendale called a press conference to announce that it would insure that there would be School Resource Officers at every high school in Glendale. This action was in response to the Parkland tragedy and in the wake of a Maryland SRO’s actions that stopped another school shooting after two students had been wounded. One subsequently died.

It was an action the City Manager and the City Council discussed for several weeks. All councilmembers, including Councilmember Aldama, had many opportunities to discuss the idea, ask questions, offer suggestions and voice their approval or disapproval of the idea. Councilmember Aldama asked one or two questions during the entire process and never voiced his lack of support to us, his peers, during these sessions.

At the City’s Friday’s press conference, the Glendale Police Chief made remarks as did the City Manager and the Mayor. Attending in support of the decision to place more SROs in high schools was State Superintendent of Education Diane Douglas as well as Superintendents of the school districts located in Glendale. The entire Glendale City Council was there except for one…Councilmember Aldama. He was AWOL.

Now we know why. Councilmember Aldama has said “No” to the City initiative to place SROs in every Glendale high school. I have placed his release to the media sent out today below.  The photo is small so I have also placed the link as a pdf file, more easily read:  Aldama letter Mar 26 2018

His language within his press release exhibits his bias, when he calls our unified council action “an impactful edict (bold mine)” He implies that this is a decree decided by one person in authority. Not so.  This was a unanimous and carefully considered council decision with one silent voice…Aldama… who never expressed his disapproval to us during our deliberations.

Note this sentence because it is important. He says, “Other critical stakeholders, including Police and Fire Associations (read the unions) were TOLD of the adverse impact on their memberships, but not consulted with.”  This is the real message. All the rest of his statement is a smoke screen. It is important to note that Aldama is up for reelection this year and he desperately needs the support in terms of money and manpower the unions provide to candidates. They are the ‘big dogs’ in Glendale. In plain English Aldama seems to have taken this stance in order to curry the favor and support of these two unions. They will reward him handsomely by pouring monetary donations into his campaign and walking neighborhoods for him. How politically transparent and crass can a person get?

 He goes on to say, “Clearly this was an insensitive headline-grabbing political response to a larger problem than just having an officer in each high school…” I would contend that this city council exhibited extreme sensitivity to an immediate national issue and took appropriate action within our authority. The issues of mental illness and gun regulation are state and national issues and not ones dealt with on a local, municipal level.

It should also be noted that typically government moves at a snail’s pace. Sometimes it is years before an idea becomes reality. This initiative was acted upon with weeks and it required the coordination of and approval of all 4 Superintendents in whose schools the SROs would be placed.

Aldama questions why the city is not placing SROs in elementary schools and charter schools. I believe the current count of schools within the city is somewhere around 80. It is simply not financially feasible to do so and Aldama knows it.

The City does have an Officer Liaison program that has specified officers visiting as many middle and elementary schools as possible on a weekly basis. Since the majority of school shootings occur on high school campuses, the council felt that it was do-able and affordable. How could we not at least make sure all of our high schools were safer?

He then goes on to say, “I am not clear on what these officer’s duties will be.” Glendale has had SROs for years, probably close to 20 years. If he doesn’t know what their duties are then he hasn’t been doing his job for all he had to do was ask at any time.

He then chides us for our “lack of transparency” and for our lack of “open public dialogue and communication.” This is double-speak that in this instance simply does not fit the circumstance. This action is not a new tax on our citizens. It is a reallocation of existent city funds.  It is a situation that is better served by immediate action.  The call for dialogue is a tactic often used to slow down or kill a decision.

Councilmember Aldama, if you had shared your opinion with council instead of staying mute, you would have earned a modicum of respect.  If your decision was perceived as having been done for some solid reasons, you might have earned more respect. Instead, despite all of your hyperbole, the perception of those familiar with this decision making process, your action appears to be no more than a very transparent attempt to win favor with Glendale’s unions. This wasn’t the best time to, as Nancy Reagan used to say, “Just say no.”

© Joyce Clark, 2018         

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such material. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

Disclaimer: The comments in this blog are my personal opinion and may or may not reflect an adopted position of the city of Glendale and its city council.

In the aftermath of the wave of recent school shootings the Glendale City Council and City Manager made the decision to insure that every high school in Glendale will be manned by a school resource officer. Today, Friday, March 23, 2018 the city held a press conference to announce the decision. Here is a video released by the city today:

https://vimeo.com/user69856880/review/261561505/fe30ffc0af

The latest school shooting occurred on Tuesday, March 20, 2018 at Great Mills High School in Maryland. That school has a resource officer, Blaine Gaskill, who did what a resource officer is supposed to do. Gaskill, upon hearing the gunfire, ran toward the sound and came upon the shooter, Austin Rollins. Rollins and Gaskill fired simultaneously and it is unclear which fired the fatal shot as of this post.

This is in sharp contrast to school resource officer Scot Peterson in Parkland, Florida, who never entered the building after the initial shots were fired.

The Maryland event demonstrates how important school resource officers have become in protecting our children. Glendale’s leaders have made the first commitment in the state to make sure school resource officers are in every high school starting Monday morning, March 26th, as Spring Break ends and students return to their classes.

Currently, of the 9 high schools in Glendale, 4 have SROs. In those cases, the school district pays 25% and the city picks up the balance of 75%. The 5 remaining schools that have not been able to afford even the 25% tab are now covered by the city this fiscal year. All high schools in Glendale will have a school resource officer demonstrating this city’s commitment to keep our children safe.

Funding will come from a variety of existing resources within the city budget. We still have some further adjusting to do to meet the cost.

School Resource Officers are valuable and Glendale is proud to be the very first city in the state to make this important commitment to our children.

© Joyce Clark, 2018         

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such material. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

Disclaimer: The comments in this blog are my personal opinion and may or may not reflect an adopted position of the city of Glendale and its city council.

I have received information from the city that Breakthu Ministries does pay rent for the use of the Glendale Youth Center for its Sunday services. According to the city Breakthru Ministries pays the city’s standard room rental for an hour of time each Sunday which is $72.00 per hour.

I also was informed, according to city records, for the Breakthru Ministries event on Sunday, February 25, 2018 held at the Glendale Youth Center the organization paid the city’s standard room rental for just one hour of time at the rate of $72.00 per hour. This one puzzles me. On the poster it clearly states that the event starts at 11 AM and has no end time posted. The flyer offers a free concert, free food & drinks and a low rider display. Since Breakthru only paid for one hour, it must have been the fastest event ever presented. They had to set up, break down, serve all the refreshments, offer a concert and a low rider display…all in the one hour rental for which they paid. I call that amazing.

© Joyce Clark, 2018         

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such material. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

Disclaimer: The comments in this blog are my personal opinion and may or may not reflect an adopted position of the city of Glendale and its city council.

After posting on the two BreakThru/Through ministries, I received these photos this morning from a reader and I though I would share them. It was taken this morning. The question to be answered is BreakThru Ministries paying rent to the City of Glendale for the use of its Youth Center for its Sunday services?

BreakThru Ministries service at the Glendale Youth Center

This photo, again sent by the reader, is a screen shot from the internet posted by BreakThru Ministries advertising its Sunday service at the Glendale Youth Center.

I have no animus toward this church but I strongly believe in the Constitutional mandate of separation of church and state. If this church is paying rent to the city it is legal and legitimate and fulfills the requirement of separation of church and state. 

If it does not, then it is in violation and Ocotillo Councilmember Jamie Aldama is endorsing and associating with, for want of a better term, a rogue organization. The question becomes if the Councilmember knowingly associates with this group who may not be in compliance, it then becomes fair game to look at and to question his other associations. It is scrutiny everyone who runs for office often faces.

© Joyce Clark, 2018         

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such material. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

Disclaimer: The comments in this blog are my personal opinion and may or may not reflect an adopted position of the city of Glendale and its city council.

There are two “Breakthru/Through” entities co-existing in Glendale and one is certainly not like the other. The only similarity they share is that both are religious ministries with very similar names. It makes for a fascinating political dynamic in Glendale’s current election cycle.

One entity is called “Breakthru Ministries.” In its last hosting of an event in the city’s downtown Murphy Park it bore the responsibility for the trashing of one of the computer rooms in Glendale’s City Hall resulting in over $50,000 worth of damage. Apparently, a group of youth attendees of the event gained access to enter city hall from “Breakthru Ministries” representatives. There appeared to be no adult supervision of these youth resulting in the damage. It is my understanding that eventually the insurance carrier that the city required “Breakthru Ministries” to have for the event paid the claim.

 “Breakthru Ministries” also hosts religious services every Sunday morning at the Glendale Youth Center in the Barrio. It is my understanding that they pay no rent for the use of this city facility for their Sunday church services. That is a violation of federal laws regarding the separation of church and state. A non-profit, including churches, may rent government facilities but a governmental entity may not sponsor church activities by allowing the use of a facility for free. It is my understanding that such is the case with “Breakthru Ministries.”

“Breakthru Ministries” has an ally in Councilmember Jamie Aldama. Aldama and disgraced former Councilmember Sammy Chavira each donated from their council budgets to sponsor the event cited above that occurred in Murphy Park resulting in $50,000+ worth of damage. It appears that Councilmember Aldama continues to support this organization. On his Facebook Reelection page Aldama publicizes and endorses a recent “Breakthru Ministries” event. It was held on February 25, 2018 at the Glendale Youth Center, 5401 W. Ocotillo Road. Did the organization pay the city to use this space for their event in a city facility? Does the organization pay rent to use the Youth Center for its Sunday church services? Did Councilmember Aldama financially support this event by making a contribution from his council budget (your money, your tax dollars at work) to support this event?

Aldama is up for reelection for the Ocotillo district council seat this year and it looks like he needs all the friends he can get including dubious ones such as “Breakthru Ministries.”

Now, the other “Breakthru/Through” is an entirely different entity. It is called “Breakthrough Life Church.” It was founded by Emmanuel Allen and his wife, Belinda.  They also founded the “Roots Recreational and Learning Center, Inc.”  Allen’s “Roots” program is located at the city’s O’Neil Park Recreation Center and coincidentally, he also hosts church services at the Glendale Youth Center.

The “Roots” program at O’Neil Park was a successful bid selected by the city to provide programming for children living in a low-socio demographic area of Glendale. It appears to be highly successful and the O’Neil Recreation Center, a city facility, is always packed with children after school. The feedback from area residents is that the kids love the activities available at the center and Emmanuel Allen who is there every day.

One glaring difference between the two “Break Throughs” is that “Breakthrough Life Church” does indeed pay rent to the city to use the Youth Center for its religious services. Another, more subtle difference, is that “Breakthru Ministries” seems to feed off the community while “Breakthrough Life” seems to feed the community. While subtle, it is important to note.

What makes these two entities so intriguing is the political dynamic associated with each. Emmanuel Allen happens to be Jamie Aldama’s opponent in this year’s Ocotillo council district election. What is interesting to note is two days after a recent City Council Executive Session, Aldama’s campaign manager, Chuck Foy, filed a Freedom of Information Request (FOIA) for all correspondence between any city personnel and Emmanuel Allen. Did Aldama commit an Open Meeting Law violation by sharing information he learned during the Executive Session with his campaign manager Chuck Foy? Why the FOIA? Aldama, through his surrogate campaign manager, appears to be mining for any possible political dirt.  

As you can see, in this case, one thing is not like the other. The same can be said of the two candidates for the Ocotillo district council seat…one is not like the other.

Welcome to Glendale’s political season.

© Joyce Clark, 2018         

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such material. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.