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Joyce Clark Unfiltered

For "the rest of the story"

It has been 17 years and 307 days since the city’s pledge to build the West Branch Library.

On November 3, 2015 the voters of the Sahuaro district dealt a political death blow to Councilmember Gary Sherwood by voting for Ray Malnar to replace him. The unofficial vote total has Ray Malnar winning with 53.61%. There is no doubt that Sherwood caused his own demise. How?

Sherwood was elected in November of 2012. For three years his actions and votes have raised questions. One of the major centerpieces of his campaign was his strong opposition to the Tohono O’odham casino in Glendale. As a result of his position the anti-casino forces paid for independent expenditures supporting his run. He also ran pledging fiscal conservatism in managing the city’s arena. It didn’t take him long to renege on both elements of his platform.

Within a year of his first term he reversed his position on the casino and became its strongest advocate. When asked why, his answers were consistently vague and seemed to center around learning “new information.” When queried on what information and from whom, he never offered a clear and convincing explanation. There was also the nagging assumption by many that he had swapped his positive vote of support for the casino with Councilmember Chavira’s positive vote of support for the IceArizona arena management deal.

Sherwood ran supporting his constituency’s opposition to continuing the practice of exorbitant financial payments to operate the city’s arena. Inexplicitly he advocated for the IceArizona management deal at a cost of $15 million a year. His actions in connection to this support gave rise to an alleged complaint (eventually dismissed) to the Arizona Attorney General’s office regarding his divulging of executive session information. He seemed to have developed a pattern of deliberately supporting big money interests over the voices of his constituents. It was a pattern soon to be repeated.

In the matter of Becker Billboards Sherwood was a prime advocate for their interests while he once again ignored his constituency. It left a bitter taste with his constituents and now they were becoming alarmed about his lack of support for their views. His failure to connect with his constituency became an issue of contention with the proposal to sell the Foothills Branch Library. He failed to notify them of meetings on the issue usually until the day before a scheduled public meeting. He bragged about a luncheon meeting he had arranged with the Kathleen Goeppinger, President of Midwestern University, proposed buyer of the library.

He seemed to be very proud when he declared in a council workshop meeting he had met privately with one candidate under consideration as Glendale’s new city manager, Brenda Fischer. Many people were astounded that he would have done such a thing. He was her strong advocate and after she was hired he seemed to receive preferential treatment not only from Fischer but from her inner circle, including soon-to-be Assistant City Manager Julie Frisoni. It was seemingly obvious that Sherwood and his coalition of councilmembers had the ear of Fischer and her inner circle while those who opposed Sherwood and his positions were frozen out.

Sherwood appeared to be needy…he wanted to be recognized as a “major player,” locally and regionally.  He seemed to revel in the attention he received from Anthony LeBlanc, et.al, when they were seeking approval of their arena contract. After the management contract was signed he was observed lurking about at Coyote Town Hall meetings trying to catch LeBlanc’s attention until he was recognized and praised. Did he know observers reported members of IceArizona not only ignored him after securing the contract but apparently they ridiculed him as well?

When it came to Becker billboards that stakeholder group had contributed significantly to Sherwood’s campaign and so, he seemed to reciprocate by advocating for them. Again, Sherwood seemed to ignore his constituency’s overwhelming opposition to the billboards in favor of those who generously contributed to his campaign coffers. Then there are the countless recitations by many on the 4th floor of city hall who heard Sherwood’s declarations that he was the “real” mayor of Glendale. Many city employees thought he was arrogant and dismissive of them.

The nail in the proverbial coffin was his apparent belief that he was above the law. He accumulated at least 6 driving citations in a relatively short time period and then failed to follow through in fulfilling his responsibilities for those actions eventually leading to a state-wide warrant for Failure to Appear. This issue was resolved only after it was publicly reported that he was caught with his hand in the proverbial cookie jar. In a recent press release he admitted to using city funds to rent a vehicle while driving on a suspended license and pledged to reimburse the city.

After all of his purported foibles, who wanted Sherwood to remain in office? The largest supporter of keeping Sherwood in office was Phoenix Firefighters Local 493 Fire PAC Committee (responding to the bidding of its sister Glendale union) having contributed $14,000 to an Independent PAC called Citizens for Safety and Education run by a long time fire union activist, Mike Colletto. Between October 2 and October 14, 2015 the independent committee spent $11,412.96 advocating for Sherwood’s retention. By the way, per usual, Sherwood was late in filing his latest campaign expense report. He raised nearly $40,000 ($39,810.30). Of note, that’s twice the amount that his opponent, Ray Malnar, raised ($18, 800). Sherwood’s big money contributors were: Mark Becker – $3,000 on 9/9/15; the Tohono O’odham – $6,250 on 10/8/15; Nick Wood (an attorney for IceArizona) – $1,500 on 10/8/15; Jason and Jordan Rose (Becker billboards was/is a client) – $1,000 on 10/17/15; and members of the Molera Alvarez political consulting group – $1,000 on 10/21/15 and 10/22/15. Let’s not forget PAC contributions, much of it union money, totaling $28,000:

  • Arizona Pipe Trades               $10,000                             9/11/15
  • IBEW Local 640                        1,000                              9/15/15
  • Republic Services, Inc.                 500                              9/15/15
  • Iron Workers Local 75               2,000                              9/16/15
  • Phoenix Firefighters
  • Local 493 Fire PAC                    1,000                               9/16/15
  • Surprise PRO Firefighters
  • PAC                                         2,000 (cumulative)            9/16/15
  • United West Valley
  • Firefighters                               2,500 (cumulative)           9/16/15
  • Pinnacle West PAC                        500                              9/21/15
  • Gilbert Firefighters                    4,000 (cumulative)           10/14/15
  • United Mesa
  • Firefighters                               4,500 (cumulative)           10/14/15

Why has Gary Sherwood become the first councilmember ever successfully recalled in Glendale’s history? Despite the tremendous fire union financial and manpower support as well as the financial support of “big money” interests, Sherwood ignored the voices of his constituency and demonstrated that he was apparently more willing to support the interests of those who contributed generously to his campaigns. You can be sure Sherwood will place the blame on “outside interests” such as casino opponents but Sherwood was the architect of his own political demise by making choices that seemingly benefitted him in the short term while ignoring long term consequences. He died politically by a thousand, tiny cuts self inflicted as he made choices that seemed to benefit only himself. Sherwood has no one to blame but Sherwood. He made his choices and has been made accountable for them by his district’s voters. In commenting on his loss Sherwood said he plans to run again in November of 2016. Albert Einstein once said, “Insanity is doing the same thing over and over again and expecting different results.”
Sometimes…every once in awhile…the good guys do win…

© Joyce Clark, 2015

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It has been 17 years and 242 days since the city’s pledge to build the West Branch Library.

This is for any “Fischer-philes” still out there. I don’t follow Glendale’s former city manager Brenda Fischer. She’s no longer relevant now that she’s gone from Glendale. Other people still do. One of them sent me the latest on Fischer Consulting.

Guess who two of her latest clients are? How about Julie Frisoni (former Glendale Assistant City Manager) and Mark Burdick (former Glendale Fire Chief)? Here is the link to Fischer’s site: http://fischerconsultingllc.com/ .

I guess Frisoni’s former staid and conservative website was not driving much business. It’s odd because she bills herself as a master communicator. So she Frisoniturned to her old buddy, Fischer, to pep it up with an orange background and an array of microphones as the major image and added a bunch of new communication services (that happen to be eerily similar to Fischer’s offerings on her website). Hmmm…from a sophisticated image to a garish one in one fell swoop.

What is even more interesting is the fact that Burdick has formed his own fire consulting business, Innovative Fire Service Solutions. Is this a precursor for providing ambulance service in Glendale in the near future? Who did he use to Burdickdesign his advertising material? Why, Brenda Fischer. Fischer seems to be rather weak in graphic design. The use of a black background with gold text is not the most readable image. A light bulb with fire atop it is rather trite.

Frisoni and Burdick comprised part of Fischer’s inner power circle during her Glendale days. There were others. So, it’s not surprising that we continue to see the ongoing relationships among all three.

© 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 ‘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 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.

It has been 17 years and 216 days since the city’s pledge to build the West Branch Library.

You remember Brenda Fischer, don’t you? She was the City Manager of Glendale briefly…in the historical life of Glendale it was over in the blink of an eye…a mere 18 months. So what has she been doing since?

She went back to Henderson, Nevada, started a public relations firm, is now selling real estate and, oh by the way, applied for the City Manager’s position. Drama seems to follow her wherever she goes. Eric Hartley reporting for the Las Vegas Review-Journal on July 13, 2015 described that day’s city council meeting and the council’s appointment of Robert Murnane, the city’s public works and parks director and an employee with Henderson for nearly 20 years, as Henderson’s new City Manager.

Apparently that did not sit well with Robert Craddock, Fischer’s husband. According to Hartley, “Monday‘s meeting was disrupted briefly when a city firefighter tried to speak, telling the council his wife was discouraged from applying to be city manager because of his position with the city. Mayor Andy Hafen repeatedly told him to sit down because the time for public comment had passed.

Robert Craddock, a 26-year veteran of the Fire Department, left the council chambers after a police officer and security guard approached and motioned him to leave. He later apologized for his behavior.

Outside City Hall, Craddock said he got up to speak in frustration after Councilwoman Debra March mentioned hearing that an applicant had withdrawn because of a connection with a city employee. Craddock and his wife, Brenda Fischer, said that was not true.

Fischer said she applied and was excited to compete for the job. She got a call from the search firm in late May, she said, and was repeatedly encouraged to withdraw her application, in part because of her husband‘s job as a firefighter.

Fischer said she refused and never heard another word about her application.

She hinted she might run for City Council: ‘Don‘t be surprised if you see me on a ballot coming up’.”

Ms. Fischer seems to practice the art of dissention wherever she goes. She clashed repeatedly with newly elected Glendale councilmembers who had forged a new majority with new directions. She exhibited a public temper tantrum at Westgate’s Yard House restaurant with Robert Heidt, Glendale Chamber of Commerce president. She aligned herself with, among others, Julie Frisoni, and appointed her as an Assistant City Manager earning disapproval from many within and outside of city hall. She inappropriately requested all of the emails of a selected number of councilmembers whom she perceived as being unfriendly to her.

What is most disconcerting is Ms. Fischer’s apparent disregard for the concept of nepotism. Nepotism is two or more relatives working for the same entity and the perception of (or actual) favoritism that can result. Applying for the city manager’s position in a city where her husband works would most certainly create the perception of favoritism if she, as city manager, had made any decision that appeared to favor the fire department and therefore, her husband. Apparently that was not an issue for her.

On her consulting website, http://www.fischerconsultingllc.com/about-brenda.html Ms. Fischer says, “As a communication professional, one of Ms. Fischer’s top talents is her open and honest communication at all times. She ensured transparency with City Councilmembers, employees, residents and business owners, as a means to develop long lasting, trusting relationships.” Would that Ms. Fischer had practiced what she preaches on her website. It seemed apparent to all who interacted with her that transparency and trust were not traits high on her priority list.

Now she is threatening to run for public office. It’s as if she were a child threatening parents after not getting her way. Let’s hope her seemingly ethical challenges and temperament are noted and considered by the voters of Henderson.

What’s with Glendale’s former City Managers, Ed Beasley and Brenda Fischer? Will their attempts to rehabilitate and resurrect their reputations succeed? It’s time to close the book on Ms. Fischer. Glendale has been there and done that. Her stint is a mini-chapter in the city’s history best forgotten.

© 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.

Earlier today, March 27, 2015 I made a Public Records Request for information relating to an allegation that Assistant City Manager Julie Frisoni may have violated the state’s Conflict of Interest law. Before the close of business today I received the information I had requested. I want to publicly thank Darcie McCracken, Deputy City Clerk, for the excellent and immediate service I received.

The information I received begins with a letter dated February 11, 2014 sent by Frisoni to Michael Bailey, City Attorney and copied to Jim Brown, Director of Human Resources and to then City Manager Brenda Fischer. In her letter she stated that Councilmember Alvarez had been harassing her and creating a hostile work environment for a month. She stated, “This merchant (from Glendale) told our staff today that CM Alvarez told him that I was going to be fired because of my unethical dealings in relation to purchases from a company that my husband works for.” She went on to say, “My understanding is that she (Alvarez) is violating the council code of ethics, as well as the council code of conduct.” She asked for an immediate investigation to remedy the situation and to be advised of the next steps.

Two days later, February 13, 2014 Brenda Fischer sent an email to Frisoni and copied Jim Brown and Michael Bailey. Fischer indicated that after receiving a councilmember complaint she directed Bailey to “research this matter” and based upon Bailey’s review she considered the matter closed. She attached a memo from Bailey with his conclusions. Bailey’s February 13, 2014 memo said, in part, “From his (Shumway) job title, he does not appear to be involved with public sector sales. Based on this cursory review, I did not find any information to indicate that Mr. Shumway was involved with or benefitted from Glendale’s contracts with Insight Public Sector.” He went on to say, “We were not provided nor discovered any evidence suggesting a conflict of interest. Please note that this review was cursory in nature; a more formal review and opinion would require information that isn’t publicly available.”

Fischer’s and Bailey’s conclusions are troubling because of the perceived lack of due diligence by Bailey in investigating the allegation. He said, “On-line information indicates that Mr. Shumway is vice president, information systems-application development at Insight.” He stated, “Based on this cursory review, I did not find any information to indicate that Mr. Shumway was involved with or benefitted from Glendale’s contracts with Insight Public Sector.” As you can see, Bailey appeared to have done on-line research and used that as the basis of his legal opinion. There also seems to be a lot of CYA on Mr. Bailey’s part with words such as “my understanding is” and it “appears.” As any good “jail house attorney” knows, those are wiggle room words. However, a February 20, 2014 letter by Frisoni to Jim Brown and copied to Fischer and Bailey indicated that she was satisfied and stated, “I am satisfied with the current action that has been taken…”

Hold on…not quite so fast…On March 3, 2015, a year later, Councilmember Bart Turner sent an email to Mayor Jerry Weiers, Acting City Manager Dick Bowers, City Attorney Michael Bailey, Vice Mayor Ian Hugh and Finance Director Tom Duensing. Prior to voting on the issue of a payment increase in the Insight contract he asked for an explanation of, “it appears that the increase in the contract is significantly higher than the base ($138,000) without any explanation for what we receive for the additional expenditure.” He made clear that he was not accusing Frisoni of any conflict of interest. He then stated, “In reviewing the conflict of interest disclosure file at the City Clerk’s office I notice there is no non-conflict statement on file from Ms. Frisoni as there are for several other city employees who may have a perceived conflict of interest due to family or personal ties to city business.” There is the answer we were seeking. Ms. Frisoni did not file a Conflict of Interest Disclosure about her husband’s company bid on and securitization of a multi-million dollar contract from the city.

Three days later, on March 6, 2015, Frisoni asked for specific statements attesting to her non conflict of interest. Director of Finance, Tom Duensing specifically asked Chuck Murphy, Chief Information Officer if Frisoni improperly influenced the Insight Public Sector bid. Murphy attested to the fact that it did not occur. Duensing did not offer any assurance. Frisoni then sent their emails to the City Clerk’s office.

Apparently Bailey requested a statement from Frisoni. In response on March 11, 2015, she sent an email to Bailey. Her opening stated, “Pursuant to your request, I am providing information regarding my association with Insight…” It appeared that this email was requested by Bailey to tie up loose ends in an effort to counter and to satisfy Councilmember Turner’s observation that Frisoni never signed a Disclosure. As an addendum within Arizona Revised Statues, Chapter 8, Conflict of Interest there is a specific Disclosure form provided. To this day she has not signed one. She should have erred on the side of caution, given her position within the city’s senior management, of signing such a form. It’s a good thing that she didn’t sign one now and backdate it. We all remember a previous backdating by 4 councilmembers, Eggleston, Martinez, Frate and Goulet that resulted in indictments for them and City Clerk Pam Hanna…all of which were dismissed on a technicality.

Frisoni said over and over in her correspondence that she did not influence or interfere with the City’s bid process and that appears to be true. But it doesn’t answer the question of whether or not she gave advice on that specific bid process to her husband to be passed on to Insight’s bid team. That we will never know.

Frisoni, through her actions, probably earns a zero for ethics. Even though it seems apparent that neither she nor her husband immediately benefitted financially from a successful bid, that’s not the point. It’s a matter of doing the right thing even if no one notices or acknowledges it. In a situation offering even the slightest perception of conflict it would have been prudent of her to disclose that her husband works for a company involved in a very lucrative bid with the city. It would not have hurt anything and would have enhanced her ethical standing. Many people are of the opinion that’s just not her style.

© 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.

It has been 17 years and 83 days since the city’s pledge to build the West Branch Library.

Well, well well, Assistant City Manager Julie Frisoni resigned today, March 25, 2015. It appears it will be effective April 22, 2015. Frisoni started her career in Glendale in the Communications Department, eventually rising to become Director of that department. While Ed Beasley was City Manager she was identified by many as a member of his “inner circle.” She was not charged with any culbability in the past audit of the Risk Management Trust Fund. She was appointed Assistant City Manager by former City Manager Brenda Fischer. At the time of her appointment Frisoni did not meet the minimum qualifications for the position. The only rumor floating on the street is that Frisoni may hook up with Brenda Fischer to form their own consulting/PR firm. It’s speculative to say the least but not an unreasonable speculation.

Now all that leaves is Assistant City Manager Jennifer Campbell. We all wonder if she is still AWOL at Glendale City Hall on Fridays and if she is still teaching at Glendale Community College. Pulling down two pay checks is sweet.

Today the U.S. House Natural Resources Committee voted out H.R. 308, Representative Trent Franks Keep the Promise Act of 2015 reintroduced in the House of Representatives as HR 308 on January 13, 2015. This was Representative Franks’ original bill, now renumbered as a result of its reintroduction. It would prevent the Tohono O’odham from building its casino in Glendale.

That’s enough good news for one day, don’t you think?

© 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.

March 19, 2015….17 years and 78 days without a West Branch Library

Please note: From now on my header will contain the length of time West Glendale has been waiting for its long promised library.

It’s only been a few weeks since former City Manager Brenda Fischer resigned and her “publicists” remain hard at work. I have no doubt there will be more positive stories planted in the local media about the “great job” Fischer did in her 17 months in Glendale.

On March 13, 2015 Eric Jay Toll authored an article entitled “The two sides of the Fischer-Weiers split” in the Phoenix Business Journal. Unfortunately unless one has a paid subscription one cannot read the entire article as the website only posts a paragraph or two. As luck would have it, my neighbor does subscribe and gave me his copy.

There was one very notable quote in the article. “Brenda Fischer was good to employees, and she was good for business in the city,” said Glendale Firefighters Association President Joe Hester. “When she left, it was an extreme disappointment. I’ve worked with a number of city managers and she was the first one I’ve worked with who was fully transparent, operated with integrity and had a word that could be trusted.”

Is Joe Hester implying that Interim City Manager Dick Bowers is not “fully transparent,” does not “operate with integrity” and his word is not to “be trusted?” After all, Hester states categorically that she was the first city manger that he worked with who embodied those qualities. Dick Bowers, former City Manager of Scottsdale for many years, is a person with an impeccable reputation of the utmost integrity, transparency and trust. If I were Mr. Bowers I would be none too happy with Mr. Hester’s remarks.

Hester has only been President of the Glendale Firefighters Association for a few years. As president of the union he did not work with Dr. Martin Vanacour, Glendale’s City Manager from 1985 to 2001. If he worked with Glendale’s next City Manager from 2001 to 2012, Ed Beasley, it was for a very brief time prior to Beasley’s departure. So who did Hester work with? That leaves Horatio Skeete, City Manager for about 4 or 5 months in 2012; Dick Bowers for approximately 8 months in 2012 to 2013; Brenda Fischer for 17 months from 2013 to 2015; and now Dick Bowers again. It appears that the number of city managers with whom Hester has worked is three. His characterization of a “number of city managers” would lead one to believe that there have been scads of them. Hmmm.

Then again, of course Mr. Hester was delighted to have Fischer as Glendale’s city manager and why not? Ms. Fischer’s husband was, and may still be for all I know, a firefighter in Henderson, Nevada. It is understandable that Ms. Fischer’s natural bias would be in favor of the firefighters. Wouldn’t Hester feel he had a sympathetic ear when it came to firefighter goals and issues?

Mr. Hester also stated that Ms. Fischer was “good for business in the city.” Perhaps he should have checked with Robert Heidt Jr., President and CEO of the Glendale Chamber of Commerce. I don’t think anyone has forgotten Ms. Fischer’s temper tantrum directed at Mr. Heidt at the Yard House restaurant…a very public place.

Mr. Toll’s headline for his article, “The two sides of the Fischer-Weiers split” implies that Mayor Weiers was responsible for her leaving. Not so. Ms. Fischer was capable of causing it all on her own. Her actions including promoting Julie Frisoni as Assistant City Manager when she was unqualified for the position at the time; her very public berating of the Glendale Chamber President; her perceived advocacy for one councilmember’s (Gary Sherwood) agenda; and her brazen request for three sitting councilmember’s emails were more than enough to sour a majority of council on her leadership.

Many have come to the conclusion that Ms. Fischer orchestrated her own demise as Glendale’s city manager.

© 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.

When the announcement first hit the pavement regarding the resignation of former City Manager Brenda Fischer of Glendale, her prepared statement included the phrase, “she has accomplished all of her goals at the city.”

After an extensive online search no publicly stated goals could be found. Her biography on Glendale’s website (her bio is no longer available and has been replaced with Interim City Manager Dick Bowers’ bio) offered the following: “during her tenure Fisher implemented a five-year budget forecast and presented short-term budget solutions or reductions in service to the community; she reorganized the city’s structure and operations leading to a streamlined organization that has increased productivity, efficiency without layoffs and created future cost savings.” In a February 12, 2015 story written by Eric Toll of the Phoenix Business Journal Fischer is quoted as saying, “We have a totally different management staff, a young council, and a community beginning to trust the city’s performance.” She pointed out that Moody’s and Standard & Poor’s had rated the city’s finances as stable. She said the city organization was healthier and doing good things.

Before checking Ms. Fischer’s “Pinocchio rating” (every time he told a lie, his nose grew), some Glendale sports debt in a historical context is in order.

Glendale’s hockey arena known as the Gila River Arena opened in December, 2003. A little known fact is that until Jerry Moyes declared the Phoenix Coyotes bankrupt in 2009 Glendale had collected enough money every year to pay for the arena except for the period of the NHL lockout in 2005-06. From December, 2003 through June, 2010, when the NHL took over management of the arena, the city had received $22,803,757.54. The city never paid a management fee through 2009. Everything changed with the Moyes’ bankruptcy and begins the era of the city’s having to pay a management fee. To keep the Coyotes in Glendale and the arena open, Glendale paid the NHL $25 million dollars as a management fee in 2010 and 2011 while a new Coyotes owner was secured. Those funds came primarily from two sources, the city’s contingency fund and enterprise funds. The city’s contingency fund was depleted dramatically and reached a low of approximately $11 million dollars. Instead of receiving revenue from the arena as in years past, now the city was paying a management fee: $25 million a year to the NHL and $15 million a year to IceArizona. The original debt for the arena was $180 million dollars but over the years additional debt such as for infrastructure has made that figure greater. The current annual debt payment for the arena is approximately $13 million dollars a year meaning that each and every year the city must outlay $28 million dollars (debt plus management fee) just to keep the doors of the arena open.

Camelback Ranch, the city owned spring training facility cost $152 million to build. It opened in February, 2009. The original deal called for the Arizona Sports and Tourism Authority (AZSTA) to replay the city for 66.7% of the cost not to exceed $90 million dollars. Many issues unrelated to Glendale have put into question whether the city will ever be repaid by AZSTA and when. In 2014, the original loan that Glendale took out as a reserve to pay the baseball construction debt is used up and in 2018 the city will be making debt payments of $15.2 million annually. When Glendale pays off its sports construction debt for hockey and baseball it will have paid out about $849 million dollars.

Brenda Fischer came on board in July of 2013, the same month that the city council approved the annual management agreement with IceArizona for $15 million dollars. Under her watch two short-term solutions she implemented were: making the temporary sales tax increase permanent and refinancing the city’s bond debt. Fischer’s solutions in partially dealing with Glendale’s tremendous debt were not new or innovative.

The temporary sales tax increase was set to expire in 2017 because council believed that with the implementation of further cost saving solutions over the original five year period it could be sunset at that time.  Fischer’s solution was to make the tax increase permanent. It was making the temporary sales tax permanent that caused Moody’s and Standard and Poor’s to rate Glendale’s finances as stable and to remove its negative rating. Moody’s said the improved rating was tied to a Glendale City Council decision in June of 2014 to make a 0.7% sales tax increase permanent. Keep in mind that while the city’s bonds related to its General Fund debt had been downgraded, Moody’s continued to reaffirm an A1 rating for Glendale’s water and sewer revenue bonds.

Refinancing the city’s bond debt was not a new, innovative solution either. Not just Glendale but many cities make it a habit and practice to refinance their debt when market conditions are favorable. Prior to Fischer’s coming on board Glendale had refinanced its debt in February, 2012. Every time the city refinances debt, it saves money in terms of future debt payments because the interest rate is usually lowered. Anyone who had been City Manager during the past 17 months would have implemented the very same solutions. These are steps that would have been taken with or without Brenda Fischer. What about the city’s Finance Director, Tom Duensing? He deserves the lion’s share of the credit (or blame) for making the sales tax permanent and using the historical tool of refinancing the debt.

Another accolade that Fischer claims is the use of the five-year budget forecast. The city council in previous years before Fischer’s appearance had rejected the notion of a five-year budget forecast as being highly unreliable. City staff had acknowledged that the only relatively certain information to be obtained would be for the following one year — not another four years out. We know how well long range financial forecasting works — not one financial “expert”, national, regional or local, had the Great Recession on the radar screen.

Fischer also claims to have reestablished trust in Glendale government. Her bio stated, “she reorganized the city’s structure and operations leading to a streamlined organization that has increased productivity, efficiency and created future cost savings.”  Yet employee trust was further eroded when she named Julie Frisoni as an Assistant City Manager or when she allowed certain employees to leave and to be rehired at a higher pay.  Citizen trust was seriously eroded recently with the proposal to sell the Foothills Library and to relocate its remnants to the Foothills Recreation Center. City council lost trust in her when she requested the emails of three councilmembers (her bosses) that she apparently believed were against her.

Fischer claimed a lot but anyone would as a face saving tactic. Don’t forget, she’s still got Frisoni who nominated her for the Phoenix Business Journal’s Businesswoman of the Year Award and who is busy issuing glowing statements about Fischer’s accomplishments to the media. They ignore Frisoni’s press releases at their peril for they could be frozen out of obtaining any information from Glendale on any issue.

Fischer is receiving $152,000 or 9 months pay as the council’s parting gift. Many people are upset about the largesse she is receiving. Holding my nose, I support council’s decision. If they would not fire her then their only option was her resignation and it was going to cost them to obtain it. Don’t forget…there were 3 councilmembers in her corner: Sherwood, Chavira and Aldama.

What is Fischer’s “Pinocchio rating?” I will leave that for your decision. It will be interesting tothG5SHRA7E see, on a scale of 1 to 5, with 5 being the most falsehood or exaggeration, what you think.

© Joyce Clark, 2015

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Please note: I just received confirmation a few minutes ago that Jon Froke will not be resigning and will remain the city’s Planning Director. Thanks to Interim City Manager Dick Bowers for reviewing this situation and reversing the former City Manager Fischer’s decision.

Why is Planning Director Jon Froke resigning suddenly under mysterious circumstances? Here are the circumstances known to date. First, be advised this is not about Ms. Barbara Lentz. She is an unwitting participant and it could have happened to anyone. She is in no way to be considered as having done anything wrong.

On October 28, 2014 Ms. Lentz was appointed to the General Plan Steering Committee representing the Sahuaro district (Councilmember Gary Sherwood’s district) by the city council. Typically if an appointee is present that evening that person takes the Loyalty Oath at the council meeting. When an appointee is not present the Loyalty Oath is taken at the first meeting of the committee to which the person has been appointed. Apparently Ms. Lentz was not present that evening. On December 3, 2014 Ms. Lentz attended her first General Plan Steering Committee meeting and took the Loyalty Oath at that time. A regular meeting of the Planning and Zoning Commission was held on January 8, 2015. In the minutes of that meeting roll call identifies the following commissioners as present: Johnston, Hirsch, Lenox, Berryhill and Lentz. Ms. Lentz voted as a Planning Commissioner that evening. Without Lentz there would have been no quorum of the commission and the meeting would not have been held.

Now the mystery begins. How did Ms. Lentz sit as a Planning and Zoning Commissioner that evening? A review of council minutes for the two months preceding her sitting as a Planning Commissioner shows that city council did not appoint her to that position. How did she get there? City council minutes confirm her appointment as a General Plan Steering Committee member, not as a member of the Planning Commission.

There were three items on the Planning Commission’s agenda of January 8, 2015. One item, a Conditional Use Permit passed on a 3-2 vote with Ms. Lentz’ voting in the majority. The other two agenda items were passed unanimously by the 4 regularly seated Planning Commissioners.

Mr. Froke was not in attendance at the January 8, 2015 meeting. That is not unusual. If it were an agenda item of major significance or one that may be considered complex or contentious he would have been there. The items on that night’s agenda fit none of those criteria. In his stead Ms. Tabitha Perry of the Planning Department and Liaison to the Planning Commission was in attendance. It is also typical to have someone from the City Attorney’s office be in attendance to advise on any legal matters. Ms. Deborah Robberson, Chief Deputy City Attorney was in attendance.

Why didn’t Ms. Robberson and especially Ms. Perry, as the Planning Commission’s Liaison, raise an objection to Ms. Lentz’ seating that evening as a Planning Commissioner? Did they not know that Ms. Lentz had not been appointed a commissioner? If they did not know, why not? Ms. Perry as the Planning Commission’s Liaison is expected to be thoroughly conversant with all areas surrounding the Planning Commission. How could she not be aware that Ms. Lentz was not appointed by city council as a Planning Commissioner?

From here on the information is sketchy. It seems that former City Manager Fischer had an investigation into the whole matter which appears to have resulted in the resignation of Planning Director Jon Froke and the appointment of…you guessed it…Ms. Tabatha Perry as Acting. The very same Tabatha Perry who apparently didn’t have a clue as Liaison for one of her areas of responsibility. The first question that comes to mind is, did Councilmember Sherwood influence or urge former City Manager Fischer to ask for Mr. Froke’s resignation? Sherwood appears to have been quite unhappy with Froke’s performance on some of his pet issues. None of this makes any sense right now. If it was Fischer’s desire that a Director take the fall, shouldn’t Michael Bailey, the City Attorney, have received the same investigative treatment? After all, his designee, Ms. Robberson, was also present at this weird Planning Commission meeting and did nothing.

Jon Froke has been the consummate professional and a loyal employee of the city for many years. He listens…not just to the developers with a project but to the concerns of residents and does his best to balance both points of view. I will be the first to admit that I do not know “the rest of the story.” I would hope that Interim City Manager Dick Bowers would review the entire situation and that his findings would result in a return of Mr. Froke to his position of Director of Planning for the City of Glendale. It appears from the outside looking in, that an injustice has occurred and only Mr. Bowers can resolve it.

© Joyce Clark, 2015

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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

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Today, February 17, 2015 at 12:30 PM the Glendale City Council met and voted immediately to go into Executive Session. They returned from executive session at about 1:45 PM. There were two agenda items: the formal acceptance of City Manager Brenda Fischer’s resignation and appointment of an Interim City Manager.

I am pleased to report that the city council voted unanimously to accept Fischer’s resignation effective April 3, 2015. From February 17, 2015 (today) through April 3, 2015 she will be available as a consultant. Her consultancy services would be presented as a separate contract. Fischer leaves with a sweet severance package: an additional 9 months of salary in an amount of $152,981.00; no payout for accrued vacation and sick time; $2,200 for ?? (sorry, took notes fast and couldn’t catch what this was for); and she is released from any legal claims arising against the city during her tenure. If this is what it took, so be it.

The second item was the appointment of an Interim City Manager. I am pleased to report that Dick Bowers, former Scottsdale City Manager who assumed this role previously during the last search for a city manager, was approved on a 4-3 vote with Sherwood, Chavira and Aldama voting ‘no’. Wonder who Sherwood was advocating for? Could it have been Frisoni? Mr. Bowers has a wealth of experience and had proven that he will manage the day-to-day administrative affairs of the city without malice and will do no harm. Mr. Bowers facilitated many special city council affairs previously and I have always been impressed with his intelligence and professionalism. Thank you, city council, for doing the right thing.

The city council’s heavy lifting has just begun. Now it’s time for a search – hopefully a nationwide search for a new city manager. I wish them well. We, the public, will be watching.

© 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.