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Joyce Clark Unfiltered

For "the rest of the story"

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

Recently I posted a blog in which the surmised conclusion was three councilmembers were attempting to score political points on the issue of presumption cancer claims for Glendale’s firefighters.

Today the City Manager issued a memo addressed to Councilmember Tolmachoff and copied the entire city council on this subject. As such it is a public document and I include the full document here: Memo – Presumptive Cancer

I refer to some relevant portions of that memo.

“To recap, the City’s policy for handling presumptive cancer claims is to follow state statutes as instructed by the ICA (Industrial Commission of Arizona) and administered by our TPA (Third part administrator, CORVEL). Cases that have been denied and have exhausted the ICA appeals process can make their case directly to the City’s Risk Manager. It has been my instruction to the City’s Risk Manager to carefully review each case individually based of the facts of the claim, and further, in accordance with the spirit of the presumptive cancer legislation, approve any claim that has been denied if warranted.”

Earlier this year the City issued a press release that cited a letter of agreement between the City and the Glendale Chapter of the Firefighters Association. In part, it said, “This letter also calls for Glendale staff to work with their labor partners to pass a state law that clarifies that any reoccurrence of cancer diagnosed during the old (state) rules must be covered under the new state law…”

Councilmember Tolmachoff referred to a previous workshop in which she brought up the issue. This was her response when, at that workshop, the Mayor concurred with Councilmember Tolmachoff that reoccurrences of cancer were an important issue for the staff to research. In the actual video of that meeting she said, “And that is not my item of special interest about the reoccurrence of cancer Mayor and I am not going to issue another Council Item of Special interest.”

The Mayor, in response to the previously cited letter of agreement coupled with Councilmember Tolmachoff’s above statement, felt it appropriate to get Council consensus to move forward with working with state legislators to correct any lapses in the state law.

What is really going on? This is an attempt to make political hay. This is certainly not the first time that an attempt has been made to make an issue political for gain and it won’t be the last.

It is important that you, the reader, are made aware of such attempts.

© Joyce Clark, 2023     

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

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

Please remember that this is a campaign season and things get ugly during such a season, but this is the worst I have ever seen or of which I have been a part.

The reference to Twelve Angry Men is an American courtroom drama written by Reginald Rose in 1954 concerning the jury of a homicide trial in which one man convinces the rest of the jury of reasonable doubt concluding with a not guilty verdict. It’s a really good movie.

Although Councilmember Lauren Tolmachoff has not come out and publicly endorsed any candidates as of this date, at Chamber events her actions would lead people to believe that she supports Paul Boyer for Mayor and Lupe Encinas for my Yucca district council seat. This is the context upon which this blog is written.

It is no secret that if you watch City Council meetings lately, you will witness a lot of sniping directed toward the Mayor and City Manager by Councilmembers Tolmachoff, Turner and Aldama. They appear to be quite unhappy with both gentlemen as well as decisions made by the majority of city council. They seem to be using public city council forums to convince you that the majority of city council is acting inappropriately. What you are witnessing these days is pure political theater.

I refer you to this video of the latest city council workshop of October 24, 2023: https://glendaleaz.new.swagit.com/videos/277456  starting at the 37:23 minute mark. On May 9, 2023, Mayor Weiers requested a Council Item of Special Interest to explore state legislation that ensures reoccurring cancers cannot be the sole reason for denying cancer claims and to ensure that reoccurring cancers that result in disability or death are presumed to be an occupational disease as outlined in the Arizona Revised Statutes.

The scope of the October 24, 2023, city council discussion and subsequent deliverables would be focused on the introduction of legislation in the 2024 Arizona Legislative Session that would add the additional protections to firefighters.

City Council has already adopted a policy to recognize reoccurring cancers for Glendale’s firefighters despite the state legislature’s failure to do so. The focus of this CIOSI workshop discussion was not looking for further changes in this policy but rather to take Glendale’s adopted policy and to work with the state legislature to encourage all fire departments to make Glendale’s policy statewide. A fix was no longer needed in Glendale and staff were asking for council consensus to bring Glendale’s approach before the state legislature.

Previous to the Mayor’s May, 2023, request for a Council Item of Special Interest (CIOSI) related strictly to making Glendale’s policy a statewide one, Councilmember Tolmachoff had asked for a similar CIOSI that included among other things, recognition of pre-cancerous conditions. A majority of council did not support her request at the time.

Dismayed by the rebuff of her past CIOSI, Councilmember Tolmachoff said the following during workshop, “…but I think it is shameful to make a campaign issue out of the health and safety of our firefighters and I believe that’s what this is.” She went on to say, “Because of four people, I believe, had been told to snuff this out (her previous CIOSI).” As well as, “I think it’s shameful the way it transpired.” And “So, just like I said, I see this for what I believe it is and I think it’s a campaign move.” During the fifteen-minute discussion of the issue she interrupted the City Manager and the Mayor repeatedly and spoke out several times without being recognized by the Chair (Mayor).

Firefighters are not speaking up in her defense. They are pleased that Glendale adopted a policy recognizing reoccurring cancers and will work with the city to lobby the state legislature to make it a statewide policy. In this upcoming election, the general expectation is that both police and fire will endorse Mayor Weiers, Councilmembers Hugh and Malnar and Diana Guzman, candidate for my Yucca council seat.

Councilmember Bart Turner agreed with Councilmember Tolmachoff and went on to say, “There is something going on and it does feel to me like it’s campaign related and that there’s collusion going on.”

Councilmember Aldama, an announced candidate for Mayor, agreed with Councilmember Tolmachoff and accused the Mayor of unprofessionalism and divisiness.

I support free speech as well as all Glendale Councilmembers’ exercise of such. Rather the concern is when does speech border on slander? Accusing the majority council of collusion or taking direction from some mysterious person at a public council workshop may be considered as slander.

Feeling something or believing something does not make it true. There were no facts presented back up the accusations made. Rather what we heard was “I believe” and “I feel” as if they were matters of fact.

Just remember, this is a nasty political season and if anyone is pushing a political agenda it may very well be the 3 angry councilmembers.

© Joyce Clark, 2023     

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.