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Joyce Clark Unfiltered

For "the rest of the story"

The Glendale city council held its regular voting meeting on September 13, 2016. Sammy Chavira was absent again…gasp. He did participate telephonically. In a Hillary Clinton-esque move he claimed he has pneumonia. If he is ill, I wish him a speedy recovery. Yet, one can’t help but wonder. Pneumonia seems to be the current rage in illnesses since presidential candidate Clinton’s diagnosis.

All items but two were on the Consent Agenda and were voted upon in one motion, quickly. The next agenda item was a land planning issue and was also quickly dealt with. The last agenda item was the Canvass of Votes, a formality without legal standing which directs the City Clerk to record the results of the election, those results having already been approved by the Maricopa County Board of Supervisors (which does have legal standing).

The backdrop to this agenda item was Sammy’s request to the entire city council requesting that they vote to delay acceptance of the Canvass of Votes. In a September 13, 2016 story entitled Chavira asks council to delay canvass of votes by Darrell Jackson of the Glendale Star, he reported, “Yucca District Councilmember Samuel Chavira is attempting to get other councilmembers and the mayor to stop the canvass of votes at the Sept. 13 council meeting after losing his seat in the Aug. 30 primary. Chavira, who lost his seat on the council to former councilmember Joyce Clark by 46 votes, sent an email to fellow councilmembers obtained by The Glendale Star asking them to ‘delay official canvassing of the election results’.” Here is the link to Jackson’s story: http://www.glendalestar.com/news/article_55d713b0-79d5-11e6-8a39-5f815c2ea5eb.html .

Jackson goes on to say, Chavira also may have violated Arizona State Statues on open meeting violations by sending the email as the statute states that councilmembers ‘may not send or verbally communicate with (any) councilmembers requesting their assent on a council meeting agenda action item’.”

The Arizona Attorney General’s Office in its handbook on the Open Meeting Law states the following:

7.5.2 Circumventing the Open Meeting Law.  Discussions and deliberations (in person or otherwise) between less than a majority of the members of a governing body, violate the Open Meeting Law when used to circumvent the purposes of the Open Meeting Law.  See Ariz. Att’y Gen. Op. 75-8; Town of Palm Beach v. Gradison, 296 So. 2d 473 (Fla. 1974).  Public officials may not circumvent public discussion by splintering the quorum and having separate or serial discussions with a majority of the public body members.  Splintering the quorum can be done by meeting in person, by telephone, electronically, or through other means to discuss a topic that has been or later may be presented to the public body for a decision.  Public officials should refrain from any activities that may undermine public confidence in the public decision making process established in the Open Meeting Law, including actions that may appear to remove discussions and decisions from public view.   

For example, Board members cannot use email to circumvent the Open Meeting Law requirements.  See Ariz. Att’y Gen. Op. I05-004 at 2.  “[E]ven if communications on a particular subject between members of a public body do not take place at the same time or place, the communications can nonetheless constitute a ‘meeting.’”  See Del Papa v. Bd. of Regents of Univ. and Cmty. Coll. Sys. Of Nev., 114 Nev. 388, 393, 956 P.2d 770, 774 (1998) (rejecting the argument that a meeting did not occur because the board members were not together at the same time and place).  Additionally, “[w]hen members of the public body are parties to an exchange of e-mail communications that involve discussions, deliberations, or taking legal action by a quorum of the public body concerning a matter that may foreseeably come before the public body for action, the communications constitute a meeting through technical devices under the [Open Meeting Law].”  See Ariz. Att’y Gen. Op. I05-004 at 1.  This may be true even if none of the members of the public body respond to the email.  Id. at 2-3.  If the one-way communication proposes legal action, then it would violate the Open Meeting Law.  Id.  However, other one-way communications, with no further exchanges, are not per se violations, and further examination of the facts and circumstances would be necessary to determine if a violation occurred.  Id. at 3.” 

If you believe, as I do, that Sammy has clearly violated the Arizona Open Meeting Law, you may go to the State Attorney General’s website and file a complaint. Any citizen can do so. Here is the link to the site which contains the Complaint Form: https://www.azag.gov/sgo  .

The Canvass of Votes was approved unanimously by the city council but it was not without comment. In the same Darrell Jackson article cited above, he reported that Councilmember Bart Turner prior to the council meeting said, “I have concerns about several irregularities about the election and I feel that by canvassing the votes, we are just accepting the numbers presented by the county and not confirming them,” Turner said by phone. “By canvassing and passing the vote, that, then opens the door for any candidate to challenge the procedure. Our duty is to be sure that to the best of our ability, the election was fully fair and respects the manner of all voters,” Turner said. “If I were to challenge the canvass, it wouldn’t be for one candidate of the other, but on policy and procedures that may not have been completely followed. As far as challenging results, that is the responsibility of the candidates.” His rhetoric was virtually parroted word for word by Councilmembers Tolmachoff and Aldama.

The “irregularities” to which Turner referred were: 1. Delayed opening of the voting location at Glendale High School and 2. The “missing” voter data discovered at Mensendick Elementary School. In his illegal email letter to all councilmembers Chavira asked the County Recorder to provide evidence that the voter data was not tampered with. Here is the response from the County Recorder’s Office regarding both issues that was sent per the Glendale City Clerk’s request and distributed to all councilmembers the day before their evening voting meeting. The first incident did not occur at a Yucca district polling site:

“Subject: Timeline of events at Glendale High School poll site on Primary election day 8/30/2016

 Primary election day 8/30/2016

 Sometime after 6:30am I was sent to 51 avenue and Maryland to pick up the equipment of a troubleshooter who was rear ended in a car accident. While moving supplies/equipment from the troubleshooter to my truck, I received a call at 6:51am directing me to go the Glendale High School poll site ( one of the rear ended troubleshooters polling places) and assist the inspector who was by himself, in a wheelchair with limited mobility to open the poll site.

 Upon arrival, I saw his wife, whom he called, putting out the vote here sign. Myself and another troubleshooter who arrived just after myself, assisted in putting the rest of the signage. I saw no voters waiting around, just kids and parents dropping the kids off.

 Around 7:30am a gentleman in a walker came in, signed the e-poll book and voted a ballot. 7:58am call send me to another poll site to swap out equipment.”

Primary Election August 30, 2016 – Affidavit re: Precinct 0513

Polling Location:               Don Mensendick School – 67th Ave & Missouri

Election Night – MPS Site reported no black bag no memory pack received

The first call made was to the Inspector Pat Burgett. She let me know that all materials were taken to the MPS truck by John Bowen, the Inspector for the co-located precinct 0045 Bethany Park

I then called John Bowen at approximately 1030pm.

He advised that he along with another board member, turned in all of the materials for both precincts and that he had a receipts. In our conversation I asked specifically about the memory packs to which he advised that both packs were sealed in their designated pink bubble bag and then those were sealed inside their individual black bags for each precinct.

We then waited for the MPS truck to arrive at MCTEC.

I did not know that the MPS site did not have the black bag for precinct 0513 until they arrived and we unloaded the truck.

After searching the truck and finding that the black bag was not in house, I volunteered to go first thing on Wed morning to the school.

I first called John Bowen at approx. 715am on Wed to let him know that we did not receive the black back with the memory pack and advised for him to please check his vehicle. He checked and called me back to let me know it was not in the vehicle. But he did have the receipts from the MPS site. I advised to bring them to the school to meet me so that we could retrieve the bag.

We agreed to meet at the school at 8am to gain access to the room where the equipment/supplies remained. (band room)

John arrived a few minutes before me, he had a school representative escort him to unlock the room and retrieved the bag as I was walking up to the room. He called me as I was approaching the school to advise that the bag was indeed in the room and that it was completely intact and that the seal was not broken.

John had his receipts. I confirmed that the receipt for 0513 did not have the top 2 items checked off (black bag & memory pack) All other items were marked. I wrote in Green ink pen on the receipt for 0513, the number to the seal that was on the black bag. I broke the seal with John there to verify that the pink memory pack bag was inside the black bag.

I then picked up a coworker (Jaime Sumner) at 8:35am from her home (approximately 2 blocks across the street from the school) and we drove together to the office with the black bag/memory pack.

We arrived with the black bag at approximately 9:15am.”

As Councilmember Ray Malnar said at the council meeting, the people who work the polls are volunteers and human. He felt that while some mistakes had occurred, none had risen to the level of voter fraud or vote tampering. I concur with his assessment. Originally I expressed concern regarding the “missing” votes at Mensendick School but after reading the above Affidavit I am satisfied that there was no vote tampering.

Apparently these answers from the County Recorder’s Office are not good enough for Chavira, Turner, Tolmachoff and Aldama. Yet they accepted the County Recorder’s and Maricopa County Board of Supervisors Official Canvass of Votes. If they were really concerned about Glendale’s election results, why did they vote to accept those very same results? Turner made one interesting remark when he said, “As far as challenging results, that is the responsibility of the candidates.” The only one who can contest the results is Sammy.

In another Glendale Star story also posted on September 13, 2016 by Darrell Jackson entitled Weiers wins, Clark reclaims Yucca seat, Chavira’s campaign manager, Ben Scheel, said, “At this point, we are following very closely and we will keep all our options open,” Scheel said. “We have spoken to an attorney, but are not calling for anything at this point. We just want to make sure all the votes are counted and after the final votes are posted, we will examine everything closely and make our decision.” Here is the link to this story: http://www.glendalestar.com/news/article_36fc4d94-79c0-11e6-92fd-7f16a95eaf36.html .

Mayor Weiers stated in response to the possibility of a challenge, “Challenge what? The fact is the machine was still sealed and verified and based on any other voting machine, there was no discrepancy. I believe it is fruitless (to challenge) and there is a point where you have to understand that it is time to do what is right for the city.”

Will Sammy contest the results? At this point, I simply don’t care what he does. Mathematically, any action by him will not change the final outcome – quite simply, I won. The margin of my win could change incrementally but the outcome remains the same. Sammy has a steep financial hill to climb in filing a contest to the election. He has to pay for an attorney and he has to pay for any recount should such an action be approved by a judge. The only two grounds, by state statute, that would allow for a recount are voter fraud and vote tampering. He has no proof of either and the burden of proof rests with him. His court adversaries would not be me but the attorneys representing the County Recorder’s Office. That office has clearly and unequivocally stated that all seals on the bags containing the voter data were intact.

It’s time for Burdick and Chavira to publicly concede. Their sound and fury signify nothing but sour grapes and at this point we are seeing not only sour grapes but grapes that have become moldy and rotten. While we are at it…Sammy take your campaign signs down. All signs belonging to losing primary candidates need to be down 15 days after the polls close. That’s Wednesday, September 14, 2016…today.

© Joyce Clark, 2016        

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.

There’s certainly been a lot of news concerning Glendale this week:

  • On February 20, 2015 the group led by Anna Lee filed the necessary paperwork once again to recall Councilmember Gary Sherwood of the Sahuaro district. The group’s first effort was denied by the city on various grounds. Consider their first effort a life’s lesson. They now know exactly what eyes to dot and tees to cross. Expect them to gather the necessary signatures to compel the city to call for a Sherwood recall election. If you would like to sign the petition (must live in the Sahuaro district)  and/or help gather signatures please call 602-657-0303 and your call will be returned.
  • The city council accepted former City Manager Brenda Fischer’s resignation effective April 3, 2015. Her request of the emails of only 3 councilmembers may have been the last straw for council.
  • The city council appointed former Scottsdale City Manager Dick Bowers as Glendale’s Interim City Manager. Mr. Bowers has filled this position before during the last search by council for a city manager. One of his first decisions was to retain the services of Jon Froke as the city’s Planning Director.
  • Mayor Jerry Weiers, on Friday, February 20, 2015 issued the following statement regarding the proposal to sell Foothills Library and relocate it to the Foothills Recreation and Aquatic Center:

“Over the past few weeks, the citizens of Glendale have voiced their opinion regarding the proposed relocation of the Foothills Branch Library. Their voice has been almost entirely united in opposition to the proposal. While I share their concerns and am personally opposed to the proposal, I await the recommendation of the Library Advisory Board, the Parks and Recreation Commission, and the Arts Commission. “I am glad that Glendale residents have taken such an active role on this issue. Ever since it was announced, I urged staff to seek the input of the public to ensure that our citizens were incluced an any propoal to alter the library. It is my sincere hope that Glendale residents will continue to actively participate in this and other important issues facing our great city. “I also thank Midwestern University for their long-term support of the Glendale community. In addition to producint hundreds of doctors, pharmacits, physician assistand, and many other types of medical professionals every year, Midwestern opens their campus to the community through clinics and other wonderful events. Our City is a better place because they are here.”             

  • Tony Tavares, the former president of Disney Enterprises and the Anaheim Ducks, will conduct an audit of the Arizona Coyotes’ financials for $45,000 (anything over the $50,000 cap would require council approval). The audit was supposed to have begun by the end of September. It has been delayed because IceArizona has taken over 5 months to perform its own audit and still is not finished. With this audit the city will be able to examine revenue sources related to the Coyotes and Gila River Arena. Tavares was involved with Jerry Reinsdorf, owner of the Chicago White Sox in a failed 2011 attempt to buy the Coyotes…hmmm.
  • In the Glendale Republic of February 21, 2015, under the title of West Valley Sound Off, elected officials were asked their thoughts on SB 1435 which would gut Arizona Open Meeting law. Mayor Kenn Weise of Avondale expressed opposition as did Councilman Roy Delgado of El Mirage and Councilman Jamie Aldama of Glendale. Not so with Councilman Gary Sherwood. Still smarting from an ongoing Attorney General’s Office into allegations of violation of the Open Meeting Law, he said, “I do believe that reform is needed to allow for additional dialogue amongst the council” and “On Glendale’s seven-member counci, it is difficult to speak to three other members without violating the law.” Well, if anyone should know, he should.
  • Each of the three citizen commissions who heard the presentations on selling the Foothills Library last week will be meeting again this coming week. Citizens are welcome to attend as they are public meetings BUT it will NOT be an opportunity for citizen comment but rather an opportunity for the commission members to have their questions answered by staff and then to decide on an advisory recommendation to the city council. The meeting dates are as follows:
  • Glendale Arts Commission at the Foothills Recreation Center on Monday, February 23, 2015, 6 PM
  • Library Advisory Board at the Foothills Library on Wednesday, February 25, 2015, 6 PM
  • Parks & Recreation Advisory Commission at the Adult Center on Thursday, February 26, 2015, 6 PM

© Joyce Clark, 2015 FAIR USE NOTICE This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The 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 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 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.

Councilmember Gary Sherwood took office representing the Sahuaro district in Glendale in January of 2013. He has served two years of his four year term. In his first six months in office he:

  • He flip flopped on his anti-casino campaign pledge claiming he had learned “new information” from Councilmember Chavira (which neither have ever publicly disclosed) and was the deciding vote on a 4-3 council vote supporting it.
  • He and Councilmember Chavira became very close. Coincidentally Chavira flip flopped on his election pledge of opposing exorbitant arena management deals and was the deciding vote on a 4-3 council vote approving the IceArizona deal.
  • He publicly acknowledged that he independently and privately interviewed Brenda Fischer and then publicly advocated for her hire. To this day he remains squarely in her camp and his latest district E Newsletter praises her tenure.
  • At a meeting I attended several years ago at a local restaurant in north Glendale Sherwood was present. After the meeting some of us were standing out in the parking lot. Sherwood was there and at a one point he bragged about having a “cop card.” I never forgot that. To this day, I don’t know exactly what that is but I assume it’s to be used when pulled over for a moving violation.

The next year and a half haven’t been pretty either:

  • He was the leader of the Becker billboard proposal and voted for it. His recent support for Councilmember Tolmachoff’s request for a Scenic Corridor in north Glendale is no more than a smoke screen that will be used to bring back the Becker billboard proposal. Wait for it…the Becker billboard issue will arise again.
  • He allegedly violated Arizona’s Open Meeting Law. The allegations are still under investigation by the Attorney General’s Office.
  • He purportedly attended citizen Planning and Zoning meetings and was reputed to have made hand signals to some of the commissioners as well as visibly associating himself in front of the P&Z commissioners with various applicants that he supported.
  • He was seen having frequent lunch meetings with City Manager Fischer and assorted senior staff at an out-of-the-way Asian restaurant in Peoria.
  • He apparently has a close working relationship with Assistant City Manager Julie Frisoni as evidenced by Frisoni’s emails on the arena management deal that were sent exclusively to Sherwood and the other 3 Councilmembers supporting the deal.
  • He seems to support the sale of the Foothills Library as evidenced by his lack of notification to his constituency (those most affected by its closing and relocation). In his latest district E Newsletter he announced the library meetings dates after the fact. He could have issued a special E Newsletter announcing the dates prior to their being held…but he didn’t.
  • Purportedly he was heard to remark on more than one occasion that he did more than the mayor.
  • He not only supports light rail in Glendale but continues to advocate for its placement on Glendale Avenue in clear contradiction of the 2001 voter approved transportation plan.

Councilmember Sherwood seemed to fancy himself as the ‘real’ mayor of Glendale. His frequent lunches with Fischer, et.al, apparently were for the purpose of trading information and working together on agenda items that would come before the full council. From all appearances he had created a virtual shadow government. He used Council Items of Special Interest, not for initiatives for the good of his constituency but to denigrate the mayor. He publicly disparaged his constituents’ concerns. His constituents believe that instead of representing their interests he has consistently represented his own.

Events are still in play. Apparently the Attorney General’s Office investigation into alleged Open Meeting Law violations is being actively pursued. The major allegation centers around Sherwood’s secret and private coordination of three other councilmember votes on the IceArizona deal. Of course, Sherwood will deny any wrong doing but the infamous email sent to former Councilmember Manny Martinez with the tag line of “please destroy this email after reading” is pretty damning. It purports to say that he, former Councilmember Yvonne Knaack and Councilmember Chavira are all on board after a private meeting with IceArizona’s attorney Nick Wood during which executive session information was shared.

The first attempt to recall Sherwood as councilmember representing the Sahuaro district failed due to technical errors committed by an inexperienced group of citizens. It was a learning experience for the Sherwood recall committee. One of those learned lessons is that the city will do whatever it can to protect sitting elected officials and that one must be very, very precise in dealing with the city. Expect the Sherwood recall committee to soon, very soon, annouce a new petition signature drive. This time expect success.

Sherwood, in an attempt to aggrandize power, has done much to destroy his viability and credibility as an elected official. Should the Attorney General’s Office investigation lead to a finding of wrong doing and/or the second recall attempt be successful Sherwood could end up being removed from office or at the very least, his effectiveness to accomplish anything will have been severely minimalized. It’s politics at its very worst. It would be sad if it weren’t for the fact that his actions have had real and lasting repercussions for every resident of Glendale.

© Joyce Clark, 2015

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The 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 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 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.

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