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Joyce Clark Unfiltered

For "the rest of the story"

Every once in awhile I collect all of the rumors and speculation and offer them to you, the readers, as such.

It appears that public safety union representatives may have briefed their rank and file to the possibility that Glendale could declare bankruptcy within 18 months. Add to that City Manager Brenda Fischer may have raised the same prospect to employees a few months ago. Looks like everyone within the organization has been forewarned of it as a possibility. Everyone has been told but you, the Glendale taxpayer. Which begs the question: Why the rush to make the temporary sales tax permanent and possibly raise it if it will not stave off a possible bankruptcy declaration?

Also heard around the water cooler is council learned – for the first time — a few months ago when they requested information from staff on assets that could be refinanced, sold or leased, that former City Manager Ed Beasley had already done a lease back for the Public Training Facility. So strike the Public Safety Training Facility as a candidate for refinancing of its debt. As we are all finding out there was a lot that Beasley did not share with city council or the public. This appears to be another in a long list of omissions by Beasley. It also appears that the current council and senior management are not above keeping secrets as well.

Several asked regarding the Tindall blog, “Friday is supposed to be a slow news day…” and it is a fair question to ask: If Frisoni and Burdick were recipients of the infamous Tindall “informational” email about state tuition tax credits for schools, why did they not report the email upon receipt? Tindall used city email for what was evidently a personal purpose. Wouldn’t it have been incumbent upon them to report the violation? Why didn’t they? Was it because they were reluctant to turn in one of their buddies?

The Arizona Republic presented a timeline surrounding Tindall’s activities. Here is the link: http://www.azcentral.com/community/glendale/articles/20140130glendale-city-attorney-email-timeline.html . It puts events in context and so it is offered here:

  • Jan. 23, 2013 — Then-City Attorney Tindall uses city e-mail to ask at least 40 people to contribute to his son’s private-school tuition.
  • March 26 — Glendale City Council formally selects the law firm Haralson, Miller, Pitt, Feldman & McAnally CQ to head an extensive audit of possible wrongdoing by city employees. Attorney Jose de Jesus Rivera, CQ who was one of the people Tindall e-mailed, leads the project.
  • April 1 — Tindall officially resigns as city attorney, with the provision that he receive full pay for six months for working up to five hours every pay period.
  • May 28 — National Hockey League executives announce Canadian businessmen George Gosbee and Anthony LeBlanc’s investment group as the preferred buyer for the Phoenix Coyotes.
  • July 2 — The City Council agrees to pay Gosbee and LeBlanc’s group $225million over 15 years to manage Jobing.com Arena.
  • July 30 —The Phoenix law firm Fennemore Craig announces that it has hired Tindall.
  • Aug. 5 — The NHL completes the sale of the Coyotes to Gosbee and LeBlanc’s group, IceArizona.
  • Aug. 20 — Tindall begins work as the Coyotes’ general counsel.
  • Aug. 21 — Glendale releases Rivera’s audit, which identifies several employees involved in wrongdoing, but spares Tindall.
  • Sept. 3 — Glendale hires former Peoria City Attorney Michael Bailey, who received Tindall’s e-mail on Jan. 23, to succeed Tindall as Glendale’s city attorney.
  • Oct. 1 — Tindall’s employment with Glendale officially ends.
  • Nov. 26 — Former City Councilman Phil Lieberman asks the state Bar to investigate Tindall for possible violations of ethics rules.
  • Dec. 20, 2013 — The Bar notifies Lieberman that it has launched an investigation.

Did you know Michael Bidwill is deliberately trashing Glendale? He thinks Glendale is “selfish” when it comes to hosting the Super Bowl. Why? Because the city hasn’t forced all Glendale hotels to join the NFL agreement to cap room rates. Really? What does he want Glendale to do? Hold a gun to hotel managers’ heads and say, “Join or else?” He knows that Glendale can ask and suggest but cannot make private companies bow to the will of the NFL. It must be embarrassing to him in front of other owners and execs in the NFL that he does not control everything but to trash the city for it is beyond ludicrous. I think we can assume that he is part of the reason that Glendale is not hosting any Super Bowl events. If he is trash talking Glendale publicly, my goodness, can you imagine what he is saying privately?

There’s more that comes across the transom but that’s enough for you to chew on for now. Try to enjoy your weekend!

© Joyce Clark, 2014

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 a politician or someone of note has a story about him or her on a Friday, he or she should thank the news media profusely. The general thinking is that a story run on a Friday before a weekend when readers are preoccupied by weekend fun will be rapidly forgotten. It’s a ploy that has been used for years. This time it may not work as well as expected. This story will not fade away and will continue to smolder much like a hay fire burning itself out.

Paul Giblin and Craig Harris wrote a piece in the Friday, January 31, 2014 edition of the Arizona Republic relating possible ethics violations by former Glendale City Attorney Craig Tindall entitled “Ethics questions hit ex-Glendale city attorney.” It relates that Tindall attempted to solicit a state income tax credit for his son’s tuition at a private school. He used a city computer to do so. Reportedly he sent his solicitation to at least 40 people. They included:

  • Former City Manager Ed Beasley
  • Former Deputy City Manager Art Lynch
  • Fire Chief Mark Burdick
  • Current Interim Assistant City Manager Julie Frisoni
  • Lobbyist Gary Husk (who recently received probation and community service from the court)
  • Chip Scutari, public relations
  • Lynne Greene, Renaissance Hotel General Manager
  • Peter Sullivan, University of Phoenix executive
  • Jim Foss, Jobing.com  executive
  • Attorney Aaron Cain, Fennemore Craig
  • Attorney Andrew Federhar, Fennemore Craig
  • Attorney Sharon Oscar, Fennemore Craig
  • Attorney Cathy Reece, Fennemore Craig
  • Attorney Sarah Strunk, Fennemore Craig
  • Attorney Christian Beams, Ryley Carlock & Applewhite
  • Attorney Michael Moberly, Ryley Carlock & Applewhite
  • Attorney William Wilder, Ryley Carlock & Applewhite
  • Attorney Former U.S. Rep. John Shadegg, Steptoe & Johnson
  • Attorney Jordan Rose, Rose Law Group
  • Attorney Nicholas Wood, Snell & Wilmer
  • Former Coyotes owner, Steve Ellman
  • Coyotes President Mike Nealy
  • John MacDonald and his wife, Dana Paschke, lobbyists for Glendale
  • Former U.S. Attorney for Arizona Jose de Jesus Rivera, Haralson, Miller, Pitt, Feldman & McAnally

Obviously this is not a complete list. Tindall contends that he was doing a public service by providing information about the state income tax credit for school tuition yet reportedly he happened to mention his son as a possible recipient several times in his “informational emailing.”

You should have problems with his actions if for no other reason than he used a city computer to send what was essentially a personal message/solicitation. One of the first “no-nos” that every city employee learns is that the city equipment, including use of a city computer is for city business only. Tindall and members of his staff taught city ethics to various employee groups and would be very conversant with this restriction.

Hackles should go up at the thought that his very selective recipient list included a lot of people with which Glendale did business. They were put in an awkward position. Would their non-responsiveness hurt them in securing further business from the city? Would their support garner them further business with the city?

Jose de Jesus Rivera, one of Tindall’s email recipients, just happened to secure the contract to conduct the external audit at a cost of over half a million dollars and in one Rivera email response even asked if the RFP for the contract had been released.  Hmmm.

Tindall’s questionable action serves to highlight the web of relationships within the City of Glendale before Ed Beasley’s retirement. Lynch, Burdick and Frisoni were all confidants of former City Manager Ed Beasley. Some of these people had no problem supporting Tindall in his quest to become Interim City Manager by trashing former Assistant City Manager Horatio Skeete who prevailed in securing the job.

It leads to another troubling issue regarding Tindall’s employment. From 2009 until IceArizona’s successful bid to secure the Jobing.com arena management contract Tindall was the city’s attorney. He was privy to the nuances of EVERY deal that came before the city. When he left city employ he spent a brief month at a private law firm before being hired as General Counsel for none other than…can you guess? IceArizona! Several people, including former Councilmember Phil Lieberman, have questioned whether his extensive insider knowledge led to the demise of the Greg Jamison bid and the success of IceArizona. Who knows? We may find out someday…but that “someday” could be just a smidge closer. Lieberman filed a complaint with the Attorney General’s office about the propriety of Tindall’s dual employment for several months continuing to advise the city while being employed by IceArizona. We will have to wait and see if it comes of anything but I’m not holding my breath on this one.

The media’s reporting of Tindall’s problematic judgment and self-serving actions brings into question everything he did, every decision that he made during his years as City Attorney. One that comes to mind is his decision to reject just enough voter ballots in the Goulette-Bohart contest for the Ocotillo council district seat resulting in Goulette’s victory. Or his decision to release the audit information about the city’s trust funds at the very same time he was vying to become Interim City Manager should give you pause. Or the extent of his involvement with pro-sales tax increase groups working to defeat the citizen initiative driven election to kill the temporary sales tax increase?

Tindall was viewed as smart, pleasant and competent by some but as the layers begin to fall away we may begin to see a different view…one not so smart, pleasant and competent.

I will be releasing another blog later today with some other interesting tidbits that have been passed on to me as well as the latest Bidwill blast.

I have posted a new, informal poll about Tindall to the left of this column and as usual, if you would like to know when my next blog is posted you can sign up via an email alert to the right of this column. 65% of the responses to my last poll regarding the health of Glendale’s finances said they did not believe that Glendale could straighten out its financial mess.

© Joyce Clark, 2014

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.

Tuesday, January 28, 2014 was the regular city council meeting…and I had choices, so many choices. Go to a Coyotes game vs. the LA Kings, watch the President’s State of the Union speech or watch the Glendale city council meeting. Hands down, no doubt about my choice. I chose to go to the game and what a game it was! It was the Coyotes of old. They played with consistency, passion and fire. They couldn’t help but win, 3-0, with that kind of play. It reminded me of the very first games I attended several years ago. I hope the Coyotes are back.

The council meeting had two hot topics: the purchase of a fire truck and the move to move public comment to the end of the meeting and limit speech from 5 minutes to 3 minutes.

The fire truck issue arose when Andy Evans, an attorney for Frank Leonard, owner of the country’s second largest vendor, spoke during Public Comment. Both gentlemen alleged that the city’s procurement process was flawed and that different specifications were provided to different vendors. The budget for the new fire truck was $425K yet the final purchase rose to $486K. Hmmm…something is rotten in Denmark. Did fire make sure a crony received the contract? City Manager Brenda Fischer pulled the item from the agenda and said she had questions. Based upon the information provided to her she would either bring the item back or start over. As City Manager she should have had information about this item and should have been prepared to share it with council.  At the very least she should have received the necessary information through a Fire Department Memorandum. Who is in charge?

The item that drew extensive comment was item #11 which would change the public comment to the end of the meeting and limit speaking time. The usual suspects spoke against the proposal: Ken Jones, Gary Livingston and the Marwicks. What was truly eye popping was Andrew Marwick’s attempt to explain why they reside in Phoenix yet speak at Glendale council meetings. Marwick’s premise was he had once lived in a city similar to Glendale with the same kinds of issues and that he was merely sharing the benefit of his knowledge from that previous situation with Glendale. His attempt to explain himself resulted in a rambling dissertation which was brought back to earth by the Mayor’s and the City Attorney’s admonishment to speak to the agenda item. If nothing else and I assure you there is nothing else…the Marwicks have a lot of chutzpah.

Whether Public Comment is at the start or at the end of the Council meeting is not a critical issue. Glendale has always invited public comment and televised it as well. Council has always listened respectfully to citizen comment…some more respectfully than others. The former Mayor Scruggs would roll her eyes and purse her lips, virtually sneer, when she disliked or disagreed with the comments being offered.

What should be of concern is this council’s move to limit free speech by cutting public comment from 5 minutes to 3 minutes. Not everyone is a polished speaker and should be allowed the time some need to get to their point. The only occasions when speaker time has ever been an issue in the past were related to discussions of Coyotes’ ownership deals over the years. The truncating of speaker time to 2 or 3 minutes made sense on those occasions especially when the comments were repetitious. Mayor Weiers made a good point when he said the mike and TV were very powerful…and they are. They provide citizens with an opportunity to gain a wider audience for their point of view.

Councilmembers Knaack, Martinez and Sherwood all expressed the general opinion that they were not taking anything away from the right to public comment while ignoring the fact that they were indeed LIMITING free speech. Weiers and Alvarez defended the current practice. Weiers said he would give speakers 10 minutes each if he could and Alvarez said there was a sense of a “power play” taking place. Councilmembers Hugh and Chavira were silent on the issue. The votes were done by roll call at the request of the Mayor. Councilmembers Sherwood, Knaack, Martinez and Chavira voted for moving public comment to the end of the meeting and limiting speech to 3 minutes. Mayor Weiers and Councilmembers Hugh and Alvarez voted to keep the practice. It is very difficult to put the genie back in the box after it has been freed. The four councilmembers who voted to do so, Sherwood, Knaack, Martinez and Chavira, could find that this move comes back to bite them.  However, with Martinez’ and Knaack’s retirement, it may only be an election issue for Sherwood and Chavira.

Item #21 was the affirmation of Vice Mayor Knaack to continue for another year as Vice Mayor. As expected Alvarez was the only “no” vote.

During the Council Comments which occurs at the end of the meeting Vice Mayor Knaack used her opportunity to try to rationalize her public comment about the sales tax increase when she said that the sunset provision was adopted to “make it more palatable to residents.” It demonstrates a very cynical attitude. I was the councilmember who offered and succeeded in getting the sunset provision adopted because I fully anticipated that council would adopt budgetary cuts in expenses every year leading up to the sunset. A budgetary cut plan was proposed by former Interim City Manager Horatio Skeete and I expected council to follow through. If council had followed through as proposed, by reducing the budget by several million dollars each and every year, this council would not be taking such radical steps this year. If some councilmembers such as Knaack accepted the sunset provision to make it more palatable to voters they might have been better served to voice their concerns about the provision at the time. Instead it was accepted with nary a comment. This is a major issue and council’s decision to make the sales tax increase permanent by removing the sunset clause with a simple council vote and their intent to raise the sales tax increase is a not right. It is a major violation of public trust.

Last up was Mayor Weiers who admitted that he had not done a good job working with his peers, councilmembers. He said he was working to rectify the situation by meeting with them one on one to find ways to help them to succeed. Good for him. It’s a practice long overdue. God knows it was never an agenda item for former Mayor Scruggs who believed in keeping all power to herself.

Reminder the next City Council Budget workshop is Tuesday, February 4, 2014 at 9 AM to be followed with a regular council workshop at 1:30 PM on the same day.

My informal poll to the right of this column becomes even more relevant as council continues to shape next Fiscal Year’s budget. Also take the opportunity to sign up for email notices of upcoming additions to my blog. It is to the right of this column.

© Joyce Clark, 2014

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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