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Joyce Clark Unfiltered

For "the rest of the story"

On Tuesday, February 3, 2015 the Glendale city council had a workshop session. On its agenda were 3 items: sale of the Foothills Library building to Midwestern University and its relocation to the Foothills Recreation and Aquatic Center; consideration of council support of a Certificate of Necessity application with the Arizona Department of Health Services for advanced life support ambulance transport services; and council consideration of moving their staff from classified to “at-will” employment.

Let’s begin with agenda item #1, the Foothills Library. Back in 1997 (I was not on city council at that time) the city purchased land from Midwestern University to build the Foothills Library. I do not have the original purchase contract but it was revealed at the workshop that there were restrictions within the purchase contract. Those restrictions included that the city after purchase, could only use the land for governmental purposes and if the city were to sell the land Midwestern not only has the first right of purchase but it also had final say in who could purchase it, if it was not Midwestern.

Apparently Midwestern came to the city in January of 2014 seeking to buy the building and land. The first point of note is that senior staff knew about this a year ago. Why didn’t they notify council immediately? Instead they moved forward with two appraisals of the property; one in March of 2014 valued at $3.4 million dollars and one in July of 2014 valued at $4.7 million dollars. By the time senior staff informed council it was November of 2014, election season and understandably council gave direction to table the item until a new council was seated in January of 2015.

Midwestern is offering $5 million dollars in cash for the purchase of the library and land. Never mind that it cost the city $7.8 million dollars to open the library doors. What about the artwork? Midwestern’s CEO, Kathleen Goeppinger, is an art collector. Every year when the Glendale Arts Council hosts its art show at Sahuaro Ranch, Goeppinger is invited to privately preview and purchase artwork from the show. One of the pieces of artwork at Foothills is the Dale Chilhuly glass art appraised at $400,000, the “Magic Doors” piece proposed for relocation to Velma Teague Library and a mural appraised at $85,000 and logistically unable to be moved. Midwestern wants the Chilhuly art to be included in the sale. The cost to relocate the Chilhuly to another Glendale building is $85,000 to $100,000 and if the building is sold, Glendale needs to retain this one of a kind piece and it’s relocation should be done from the proceeds of the sale.

There are impacts to the Foothills Aquatic and Recreation Center. The space that would be dedicated to the library hosts special interest classes. These would have to be relocated to another Glendale facility. Senior staff estimated (and it will go higher) that it would cost $900,000 to transform the FRAC space to accommodate the library and that includes proposed technology upgrades. City Manager Brenda Fischer got nervous enough to at one point to throw out the idea of expanding FRAC.

Midwestern mandated that this sale be completed by September 15, 2015. When it realized that city council may not be totally on board and was questioned about it further, they said that the city had until the end of 2015.

This is an idea driven totally by Midwestern University; not the city. The city sells the library, moves a much smaller library into FRAC, and retrofits FRAC or even expands it to accommodate the library. Watch all of the sale proceeds being expended to accomplish this move. Whatever proceeds are left go into the city’s General Fund where it can be used for anything…even the city’s sports related debt.

What can you do? Plenty. You can continue to email the mayor and city council about this proposal at:

There is a specially called meeting of the citizens’ Library Advisory Board tonight, Wednesday, Feb. 4, 2015 at the city’s Main Library at 59th Avenue and Brown. Please note: Since this meeting was not properly posted it has been changes. Please make note of the new day and location. The special meeting of the Library Advisory Board is now scheduled for Wednesday, February 11, 2015 at 6 PM at the Foothills Library.There is a public hearing portion of this meeting. The public, you, can speak at this meeting and voice your opinion on this proposal.

There will be a series of district meetings on this proposal. No dates or locations have been announced to date. When they are I will post them on this blog.

You need to stay aware, be informed and express your opinion to the mayor and council. A wave of non-support from the public should kill this proposal. It’s up to you. If you love your library you are going to have to get involved and fight for it.

© 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.

Today marks the 2nd Anniversary of my blog with 181,497 reads. Thank you to all who have taken the time to read it.

Thank goodness the Super Bowl is now over. It feels so-o-o good to be back to normal. Congratulations to the Seahawks and Patriots for a great game. I’m please that my team, the Patriots won.

In my previous blog information on a proposal to relocate the Foothills Branch Library was offered. It is agenda item #1 on the Glendale city council workshop this coming Tuesday, February 3, 2015. In the second agenda item Fire Chief Mark Burdick is seeking approval to pursue an award of a Certificate of Necessity (CON) for the Glendale Fire Department. The third agenda item is a discussion of allowing the mayor’s and council’s support staff to become at-will employees.

What is a CON? It is permission granted by the Arizona Department of Health Services (AZDHS) that allows an entity to provide specific medical services, in this case, permission to medically transport people after a 911 call or on a non-emergency, routine basis. What is the rationale for our fire department’s request? Southwest Ambulance and Professional Medical Transport (both with CONs to operate in Glendale) are subsidiaries of Rural Metro Corporation. Rural Metro is proceeding with a Chapter 11 bankruptcy and court ordered reorganization. American Medical Response, the largest national provider of medical transport, has applied for a CON for all of Maricopa County, including Glendale. After reading 75 pages of an administrative hearing regarding granting a CON to American Medical Response, the hearing officer has recommended approval to the Director of AZDHS. It appears it will be granted.

How does response to a medical emergency in Glendale work now? Someone has, for example, a heart attack. 911 is called and a big Glendale fire truck with paramedics (one is usually Advanced Life Support [ALS] certified) on board arrives. While stabilizing the patient an ambulance is called to transport the patient to a hospital. In our city that is Southwest Ambulance.

If Glendale pursues and is granted its own CON, Glendale can get into the medical transport business in the city. Does Glendale have fully outfitted ambulances now? The answer is no. There would have to be a major, capital investment in fully outfitted ambulances and additional firefighter/paramedics would have to be hired. In the American Medical Response hearing minutes it was stated that a basic ambulance costs about $125,000 and another $75,000 to outfit it properly. It appears each ambulance would cost in the neighborhood of $200,000. Would 5 ambulances be enough to cover Glendale? Just five of them would cost a million dollars and that’s without any Glendale firefighter/paramedics salaries and benefits to be paid for staffing the vehicles. That’s an additional cost that I cannot calculate. In Glendale’s current financial condition these are costs that it cannot afford to take on at this time. It is simply not an absolute necessity.

Everyone is waving the Rural Metro bankruptcy flag predicting dire consequences for medical transport in Glendale. I am not convinced of that. Its subsidiary that serves Glendale, Southwest Ambulance, has been a wonderful partner to Glendale. Rural Metro has been dealing with this bankruptcy for several years and the performance of Southwest Ambulance has not suffered. Southwest committed to leasing out a majority of Glendale’s downtown parking garage’s first floor office space when no one else would. It has donated thousands of dollars to many significant medical awareness issues within Glendale. When the city has needed a donation for nearly any cause it could always count on Southwest Ambulance. Southwest has partnered with Glendale on many innovative projects over the years. Why is Chief Burdick so willing to kick it to the curb now?

It presents quite a dilemma for Councilmember Sammy Chavira, who is a Phoenix firefighter (Phoenix has its own CON and does its own medical transport). Will he abandon his good friend, Martin Nowakowski, former Director of Public Relations for Southwest Ambulance until 2013 and a major advocate/supporter of Sammy’s 2012 run for city council? Or will he be in favor of Glendale Fire Chief Mark Burdick’s request? Burdick works closely with Kara Kalkbrenner, Phoenix’s newly appointed Fire Chief and Chavira’s boss. Hmmm, this should be interesting.

The last agenda item will be discussion of at-will positions for the staff members of the mayor and city council. It is an action long overdue. Under the current system, mayoral and council staff is ultimately responsible to supervisory employees, including the City Manager. Currently the Supervisor of mayoral and council staff is Intergovernmental Director Brent Stoddard. This unusual situation is a result of the removal of the position of council staff supervisor by the Human Resources Department. In some cases, there may be no loyalty to the elected official. In a few instances, council staff has been asked to report on councilmember activity to City Manager staff. It happened when I served on City Council. When an elected official leaves and is replaced, there have been occasions when staff members deemed not to be a good fit with an elected official, have been moved to another equivalent position within the organization but they are not fired.

With an at-will system, the elected official can select and hire his or her own staffer. That person serves at the pleasure of the elected official. There is a strong bond of loyalty. When the elected official leaves the staffer is no longer employed by the city and when a new official comes on board, he or she will hire a new staffer of their choice. This is an action that should occur to preserve the discretion and independence of the elected official.

© 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.

A few days ago I had a blog on the controversial senior staff proposal to relocate the Foothills Branch Library to the Foothills Recreation and Aquatic Center. It will be discussed and direction given by the Glendale City Council on Tuesday, February 3, 2015.

Shelley Mosley, a former Glendale employee as well as a former Manager of the Velma Teague Branch Library submitted the following as a comment to that blog. Fearing that many readers may never see her comment, I offer her analysis as a Guest Commentary:

Submitted by Shelley Mosley on 2015/01/31 at 10:17 am

Joyce, your post covers everything that’s wrong about selling Foothills Branch Library. Good job!                                                                  Here is my open letter to the Mayor and Council:

Dear Mayor and Council,

I am writing to ask you to reconsider your plans for the Foothills Branch Library, but before I do, I just want to briefly establish my credentials. I worked at the Velma Teague Branch Library almost twenty-five years, eighteen of those as its manager. Most recently, I worked at the Glendale Community College Library, which is high-tech. Just to make matters clear, I am not opposed to electronic resources. In fact, I currently write for three companies (EBSCO, GALE, and ABC-CLIO) that publish electronic reference books. As a citizen of Glendale, as a professional librarian, and as a member of the Foothills Branch Library design team during its conception and construction, I am deeply concerned about its fate.

You are being told that the relocation of the Foothills Branch Library will create an “expansion of library services.” The branch book collection is going to lose 141,000 books. Does that sound like an expansion to you? There will be 35,000 books left, or only about 25% of the collection. This would be the same as if every year you got a whole butchered pig for your freezer. But this year, you’re told you’re getting a better pig, an enhanced pig, an improved pig. You open the butcher paper package and find you’ve only gotten the feet and the head.

Yes, there will be electronic versions of books available at the stripped down branch, and yes, there are people who prefer to read their books on Kindles, Nooks, etc. But there are already e-books available to the public at the Glendale Library System. There are probably just as many, if not more, of your constituents who still like hard copy books. Have you visited any of the Glendale libraries? Have you seen the sheer joy of a child as he or she takes that carefully selected stack of books to the front desk to be checked out? Have you watched a story time, where the children excitedly examine the shelves of picture books before and after the librarian tells them a story? This happy experience, learning to love books, is a stepping-stone to literacy.

You are being told there will be “reduced annual operating expenses without eliminating full-time library staff.” Yes, full-time staff stays, but the pages are losing their jobs. The pages are the ones who keep the books in order. If you don’t think that’s important, try finding a misplaced novel.

You have been told there will be “increased library hours for the public with 13 additional hours a week, going from currently 36 hours to 49 hours which is 676 hours more a year.” The library used to be open 68 hours a week. That’s 1664 more hours a year.

You have been told “there is space available at the Foothills Recreation and Aquatics Center (FRAC). By relocating and creating a new branch library here, it is possible to utilize existing city-owned space.” Have you looked at that space? Library staff has been told the library is going to be in the Coyote Room and the current rec. room where the pool tables are. Compare that space to the Foothills Branch Library. Is this an improvement? You have also been told that people can use the meeting rooms after the FBL becomes property of Midwestern. How convenient will this be? Have you been on a college campus recently? Most important, as Midwestern grows, how long will these rooms be available?

Selling the library the citizens of Glendale voted for and love will give you at most 4-5 months of funds to pay for the maintenance of the hockey arena. What kind of a deal is this? And when you do sell the library, at least be honest with your constituents; don’t spin this pig in the poke to be “improved library service,” because it isn’t.

Hoping you can see past the hype.                                                 Shelley Mosley

After the Super Bowl life returns to normal in Glendale and on Tuesday, February 3, the city council will have its first budget workshop at 9 AM and a regular workshop at 1:30 PM. The afternoon workshop has 3 topics, all of which present future implications for its citizens. The 3 agenda items are: Potential relocation of the Foothills Branch Library; Overview of the Certificate of Necessity (CON) Process; and At Will Employment for Mayor and Council Staffing.

Agenda Item 1 on the potential relocation of the Foothills Branch Library is being driven by staff and Midwestern University. Be aware that former Mayor Scruggs is on the Board of Directors of Midwestern. It seems Midwestern has its eye on the Foothills library building and wants to buy it. Naturally, senior management and Midwestern had to come up with a plan to sell this idea to city council.

This council, to date, has not proven itself to be very aggressive in questioning senior staff on issues that come before it. Let’s hope at this workshop they will reverse this trend and question staff vigorously about this proposal. The library would be relocated to the Foothills Recreational and Aquatic Center (FRAC).

Here is where the sale hype comes in. Note that there are no negative points. Senior staff would have everyone think this idea is the greatest thing since sliced bread. Senior staff contends that:

  • There would be increased library hours (matching the hours of the times when the FRAC is open) for the public with 13 additional hours a week
  • Continuation of provision to patrons access to physical books, materials, technology, meeting space, study room space, special interest classes and events, book drop and online ordering capabilities
  • Increase digital material collections and provide a new array of technologies (tablets, green screens, 3-D printer, new desktop computers, enhanced Wi-Fi)
  • Relocation costs covered by transaction revenue
  • Reduced annual operating expenses without eliminating full-time library staff

The carrot Midwestern University dangles, after buying the Foothills library, is an expression of partnership interest for:

  • Continuing to allow community groups to use the meeting rooms
  • A new and potential partnership with an organization dedicated to helping veterans with health related issues
  • Additional special interest health classes
  • The mentoring and tutoring opportunities for youth
  • The sponsorship of free health-related clinics
  • Partnering with use of medical research and health related materials

This scheme deserves thorough and intensive questioning by city council. Just a sampling of questions to be asked are:

  • The Foothills library is 33,500 square feet in size. The FRAC is 69,000 square feet. How much FRAC space will be used by relocation of a 33,500 SF library?
  • Foothills library was specifically built to be technologically adaptable. Why does relocation only offer the possibility of the library’s technological advancement?
  • What are the costs associated with adapting FRAC to meet the needs of a library?
  • What amenities and services at FRAC would be lost to dedicated space for the library?
  • What amenities and services currently offered at Foothills library would be eliminated due to relocation to FRAC?
  • Dale Chihuly is a world renowned glass artisan. One of his latest exhibits was this past winter at the Desert Botanical Gardens. The city has his ‘Moon and Stars’ piece over the main circulation desk. In addition there is an 80-foot mural by Melissa Paxton, Kathy Bradford’s ‘Magic Doors’ to the children’s reading room as well as countless other pieces of fine art throughout the building. Will senior staff agree to a stipulation that all of the art work within and outside the building remain the city’s property, would not be part of the sale and would be relocated to other city properties?
  • The cost to build the Foothills Library itself (without the fixtures within) was $6.1 million dollars. Will senior staff agree to a stipulation that it would not accept a price lower than the original cost to build the facility?
  • Senior staff was directed by city council to identify city property it could sell. Was the Foothills library one of the properties identified for sale? Were Glendale’s Main Library and Velma Teague Library also identified as potential properties that could be sold? Were the 3 libraries identified by and approved by this council as appropriate for sale?
  • The sale of city property was identified as a means of shoring up Glendale’s financial situation. It can be assumed that after paying the costs of relocation of the library and its art work, the balance would be placed in Glendale’s General Fund where it could be used for anything, including the $15 million dollar annual payment to IceArizona for its management of Glendale’s hockey arena. Yet Glendale library system is woefully inadequate to serve a population of 239,000 residents. On certain days various of the libraries are closed and hours at all 3 have been reduced. Will senior staff agree to stipulate that the first priority for any money realized from a sale of Foothills would be utilized to enhance and upgrade the Main Library and Velma Teague? Are they further willing to agree to stipulate that the funds would not be used for sports related debt or activity as well as the media center, Westgate parking garage and the Public Safety Training Facility?

In summary, on the face of it, the proposal to relocate Foothills Library is driven by senior staff and Midwestern University. This is an idea whose time has not come. It does not serve the best interests of Glendale’s residents. Add to this proposal senior staff’s intent to hire an “outside facilitator” (at thousands of dollars, to be sure) to oversee and coordinate a public input process. Phooey…this facilitator will, in reality, try to sell the idea to the general public. Who is kidding who? This proposal should be rejected. I urge all Glendale residents to contact their district councilmembers before Tuesday, February 3, 2015, pose their own questions about this proposal and let them know that they do not support it. Here are their email addresses:

In my next blog we’ll take a look at the other 2 agenda items: The Fire Department’s request for a Certificate of Necessity (CON) and at-will employees for the mayor and council.

© 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.

Before reviewing the Glendale City Council meeting of January 13, 2015 I wanted to share some information related to the events about to occur in Glendale. With the Direct TV Music Festival, the ProBowl and the Super Bowl fast approaching those residents who live in close proximity to the site of these events may have the need for further information about them or may need to lodge a complaint while the events are occurring.  Below are the Glendale numbers for your reference:

DirecTV Super Fan Festival Hotline

A special hotline has been established for the DirecTV Super Fan Festival.  The hotline number is 602-532-6250.

Neighborhood Protection (barricades)

The Neighborhood protection program is being enacted for the DirecTV Super Fan Festival, Fiesta Bowl, Pro Bowl and Super Bowl.

Electronic Link to Glendale’s Got Game Webpage

The information listed above and specific links are available through the City’s Glendale’s Got Game webpage: http://www.visitglendale.com/ZoneA/index.html

The January 13, 2015 Glendale city council meeting was typical of many council meetings. A proclamation recognizing Dr. Martin F. King Day and then an item packed Consent Agenda. The only interesting segment of the meeting was the choice of a Vice Mayor for this year.

Councilmember Bart Turner nominated and Councilmember Lauren Tolmachoff seconded the nomination of Councilmember Ian Hugh. A second nomination of Councilmember Gary Sherwood was offered by Councilmember Sammy Chavira and seconded by Councilmember Jamie Aldama. No surprises there. That left Mayor Weiers as the deciding vote. It was well played by Mayor Weiers. The Mayor offered Councilmember Hugh for a vote first, as it should have been, since Hugh’s nomination was offered first.

Votes were cast on the newest toy, the nearly $50,000 voting system and flashed on the large screen behind them. There were four votes (a majority) in favor of Hugh’s nomination: Mayor Weiers, Councilmembers Hugh, Turner and Tolmachoff. Since Councilmember Hugh’s nomination captured the majority of council votes there was no need to vote on the nomination of Councilmember Sherwood. Congratulations go to the newly elected Vice Mayor of Glendale, Ian Hugh.

We have seen the first vote of the new council majority of Weiers, Hugh, Turner and Tolmachoff. We’ll see how well Councilmember Sherwood plays in the sandbox now that his coalition is no longer in the majority.

A word that seems to aptly describe both Councilmembers Chavira’s and Aldama’s usual commentary during the course of council workshops and meetings is saccharin. According to Webster’s Dictionary saccharin is defined as “sweet or sentimental in a way that does not seem sincere or genuine.” If ever two people fit that bill it appears to be these two. Their greatest claim to fame is certainly not the offering of insightful comment but rather a litany of thank yous to everyone they can possibly think of. Perhaps the voters of their districts will thank them profusely as they wander out the door of Glendale politics.

© 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.

During my 16 years of service to Glendale as a councilmember I would often ask questions of staff members. I suspect that I became infamous among staff for my “curious questions.”

No matter how consequential or inconsequential my question(s), it and the answers were routinely copied to the mayor and all councilmembers. I was told repeatedly that all councilmembers should have the same information and that staff was obligated to treat and inform all councilmembers equally. This was habit and practice for years before I became a councilmember and up until January of 2013.

I was quite surprised to recently receive some emails “over the transom” that violated this long standing policy. These emails make it evident that with the advent of City Manager Brenda Fischer and her handpicked crew this policy is no longer being followed.  The emails I received predated the council approval of the IceArizona arena lease agreement. It is clear from the senders and recipients that the policy of distribution to the mayor and all councilmembers was deliberately ignored in an effort to provide information to supporters of the deal and to deny the very same information to those councilmembers recognized as opposed to the deal.

One email from Julie Frisoni dated Wednesday, June 26, 2013 9:09 AM was sent to Councilmembers Martinez, Knaack and Sherwood. In it Ms. Frisoni forwarded a response from Tom Hocking on an arena operating cost question. It was not sent to Mayor Weiers or Councilmembers Hugh, Alvarez or Chavira. Apparently it was information Ms. Frisoni felt would assist those in support of the deal and was withheld from those in opposition.Frisoni 1

Yet another email from Frisoni dated Sunday, June 30, 2013 10:34 PM was sent to Councilmembers Sherwood, Chavira, Knaack and Martinez. In it Ms. Frisoni forwarded talking points on the benefits of an anchor tenant at the arena prepared by Jeff Teetsel, Credit Suisse’s Manager of Westgate. Once again the information would assist only those in favor of the deal. It was not sent to Mayor Weiers or Councilmembers Hugh or Alvarez.Frisoni 2

Ms. Frisoni is not the only current or former staff member to violate this policy. Craig Tindall, IceArizona’s Counsel and Glendale’s former City Attorney, sent an email to Councilmembers Sherwood, Knaack and Martinez dated Friday, June 28, 2013 8:04 AM which explained why the deal would no longer be a management agreement but would be a lease agreement. You would think that the city’s former Attorney would know better.Tindall 1

You can be sure there are far more emails floating through city hall that offer information to selected councilmembers in support of an issue and denied to others perceived as being in opposition. These emails are illustrative of an attitude prevalent beginning with City Manager Fischer and working down through the entire organization. It is a cancer causing distrust and divisiveness not only among elected officials but throughout the organization.  It creates  classes of “haves” and “have nots.” If there is a pattern of violating this ethic, it leads one to ask what other situational ethical tenets are being ignored?

Tenet #5 of the International City Managers Association (ICMA) states, Submit policy proposals to elected officials; provide them with facts and advice on matters of policy as a basis for making decisions and setting community goals; and uphold and implement local government policies adopted by elected officials.” It does not say to submit policy proposals to selected elected members. It does not say that all councilmembers are not equal and some deserve more information than others. There is an atmosphere of corrosiveness eating away at Glendale City Hall that City Manager Fischer has a responsibility to eradicate for she is ultimately responsible as the top manager of Glendale’s government.

© 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.

In the November 6, 2014 edition of the Glendale Star it was reported that, “the attorney general’s office confirmed it had received all necessary information and is investigating the issue against four members of Glendale City Council.” To refresh your memory on June 29, 2013 Councilmember Gary Sherwood sent the following email to Councilmember Manny Martinez:

June 29, 2013

To: Martinez, Manny; Jeff Teesel

From: Sherwood, Gary

RE: Out Clause and Risk Topics

“Yvonne and I spend over an hour with Nick Woods last night and out of the three concerns from what I shared with Nick after our e-session yesterday (as of 7:45p, Nick has not seen the city’s revised draft which was promised right after we got of e-session nor had it been posted to our website – consequently both happened by 8:45p) two were okay with the city and had to deal with the errors the city made — #1, we don’t own the 5500 parking spots we’re proposing to charge for therefore it must be a license agreement and not a license agreement  (sic) #2) since the bonds that are held against the arena are tax exempt – only a governmental agency can hold those bonds so some different language has to be brought in – city agreed with that. The third item is problematic in that it is against the NHL for cities to hold out-clause and none of the other 29 cities have one. That would allow the city to just kick the team out, where would they play, what if in the middle of the season.

“I don’t have the time to get into all the details but I’ve known Nick Woods for a long time and know him to be a trusted friend and right now I can’t turn my back away from anyone in the city manager’s office or out (sic) acting city attorney.

“Manny, I’ve got a booked day with two Habitat for Humanity events, three radio interviews and two TV spots so contact Yvonne for details of our conversation. Sammy is already on board as he was with us last night.

“Thanks for hanging in there!

“Manny – please delete this email after you’ve read it.”

In the Star article Sherwood mounts a defense of his actions. I would remind all that just because something is in print doesn’t make it necessarily true. I could be the Queen of England in print but that is not true. Sherwood asserts the email was innocent and there was no collusion between councilmembers but that doesn’t make it true.  Councilmember Sammy Chavira uses the time honored phrase, “I do not recall…” Just because someone doesn’t “recall” doesn’t mean it didn’t happen. Yet Sherwood, in his email, clearly states that “Sammy was already on board as he was with us last night.” If he did not have a conversation with Sammy that night he must have had a conversation at some time with Sammy to be able to confidently declare that “Sammy was on board…”

Vice Mayor Knaack is also back pedaling with her statement, “I do not recall discussing the terms of the deal or any other substantive discussions about the city-Coyotes business deal during the telephone conversation.” Yet again, Sherwood clearly states in his June 29 email that Yvonne and he spent an hour discussing terms of the deal with Coyotes’ attorney Nick Wood. Either Sherwood is lying or Chavira and Knaack are lying. Take your pick.

Facts are facts. Sherwood confirms that Knaack and Sherwood had an hour long conversation with Coyotes’ attorney Nick Wood. Sherwood refers to the substance of the conversation and that it was about the terms of the city-Coyotes deal and what had transpired in a city council e-session held prior to the phone conversation. There was no other city business that would have necessitated a conversation between Sherwood, Knaack and Wood. Sherwood stated unequivocally that Sammy supported the deal. Sherwood sent his email to Martinez to share results of that conversation.

It appears Sherwood was at the center sharing information about the Coyotes deal with the other three councilmembers, Knaack, Martinez and Chavira, in order to keep them informed and quite frankly, to keep them in line to vote in favor of the deal.

Another just as troubling aspect of the current Star article was this, “The city hired the firm of Simms Murray Ltd. To create and present the city’s case to the attorney general on this alleged open meeting violation.” How much will the city end up paying to defend against the latest alleged transgressions of four councilmembers?

It brings up memories of another such situation where the city paid the personally incurred attorney’s fees for councilmembers. Do you remember the 2006 indictments against Councilmembers David Goulette, Steve Frate, Tom Eggleston, Manny Martinez and City Clerk Pam Hanna? All elected officials are required to submit annual financial disclosure statements at the end of every January as a means of publicly disclosing any possible conflict of interest. These four councilmembers submitted them after the due date and back dated their disclosure statements and were indicted for it. They were not exonerated. Rather a judge ruled in March of 2006 that the city attorney could not testify against them due to attorney client privilege. The following month city council approved a “transfer of general fund contingency appropriation authority and funds in the amount of $500,000 to cover the additional anticipated costs associated with special projects.” The “special projects” were the personal attorney’s fees for the four indicted councilmembers. In 2006 the very same councilmembers that were indicted also voted in the affirmative to have the city pay their attorneys’ fees. It looks as if history is about to repeat itself.

© Joyce Clark, 2014

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On Tuesday, October 21, 2014 the Glendale city council held a workshop meeting. There were two agenda items: a review of the 4th quarter budget results (more about that later in another blog); and discussion of rescinding a March 2014 city council rejection of Becker billboards at Bell Road and the Loop 101.

You have to be a died-in-the-wool political junkie to appreciate the nuances of council discussion of the second item regarding Becker Billboards. When the issue was first rejected by city council it was on a vote of 5 to 2 with Sherwood and Alvarez being the only affirmative votes.  Keep in mind that Sherwood received over $1700 in political campaign donations from the Becker family and Alvarez received $2500 from Becker. Does that kind of money in a local, seemingly podunk, Glendale election buy not only access to these councilmembers but their advocacy?

When the request for rescinding of the original Becker billboard decision was made on Tuesday, October 7, 2014 Sherwood claimed to be making the request on behalf of Councilmember Chavira. Yet it was Sherwood who penned the letter on October 8, 2014 to the City Manager asking for council discussion and consideration. Apparently Sammy was doing his pal a favor by making the original request even though he was absent for the meeting and Sherwood read Sammy’s request. Everyone recognized that Sammy was trying to give Sherwood some cover. Didn’t work. Many acknowledge that it was Sherwood who rammed through the selection of Fischer as City Manager and that she owes him. No wonder it was on a workshop agenda two weeks later. Typically, staff does not move that fast and normally this would be a workshop agenda item a month or two after the request had been made.

Discussion of rescinding the original Becker billboard decision was extensive. Some councilmember comments stood out. Councilmember Martinez said, “some things will not go away” and the issue has “taken on a life of its own.” Councilmember Chavira tried to use the same rationale that Sherwood had used in the past when trying to explain his flip flop on his casino position.  Chavira claimed to not be fully informed when he originally voted to defeat the billboards and went on to say, “he likes to think he’s well informed about every decision he makes.” What a hoot – it seems pretty evident that Chavira takes his marching orders from Sherwood. Councilmember Alvarez chanted her usual mantra that north Glendale has all of the power in the city and gets all while south Glendale gets nothing. Same song, same verse. She was as much as saying that she was all too happy to stick it to north Glendale residents.

The argument that eventually prevailed was that of precedent. If council were to move forward and rescind their original denial of Becker billboards it would be the opening of Pandora’s box. It would put every council vote up to the possibility of rescission. It could even put past council votes on the arena management deal and the casino issue up for future reversal. It is that very thought that defeated Sherwood’s attempt to reverse council’s prior decision on billboards with Mayor Weiers, Vice Mayor Knaack and Councilmembers Martinez and Hugh indicating through consensus that they did not want to move forward and vote on a rescission. Sherwood failed but he was not finished.

City Attorney Bailey had opened another door during his disjointed remarks explaining procedure for such a rescission vote. He said that 3 councilmembers had the right to call for a special council meeting. Sherwood asked several specific questions about that procedure. Make no mistake – expect Sherwood, Chavira and Alvarez to request such a special meeting.

Why the desperation to get a revote on this issue? Sherwood faces two adverse actions that could impact his seat as a councilmember. One is the ongoing Attorney General’s investigation into allegations of open meeting law violations and the other is the current effort to recall him. Add to that Alvarez is standing for reelection on November 4, 2014 and she may, or may not, survive. With the outcomes of these two events in question it seems imperative that they make another run at the billboard issue before November 4th. It doesn’t leave them much time which makes their request for a special council meeting very attractive. The saga continues and will not conclude as long as Sherwood refuses to take a majority council ‘no’ as an answer.

© Joyce Clark, 2014

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From previous actions it appears that Councilmembers Sherwood and Chavira are in lockstep. There was another example of their tag team act at the city council workshop of October 7, 2014. Sammy was not in attendance. Could his job as a Phoenix firefighter be interfering with his attendance at council workshops and meetings?

As a favor for his best council friend, Sherwood, during Council Items of Special Interest and as a proxy for Sammy, reintroduced the infamous Becker Billboards but this is a Sherwood issue, not a Sammy issue. Becker Billboards’ attempt to obtain billboards at Bell Road and the Loop 101 was denied at a council meeting several months ago. Sherwood read Sammy’s request asking that the previous council decision be rescinded and Becker be granted the right to erect billboards by council vote at the October 28, 2014 city council meeting.

Sherwood and Chavira seem not to mind ignoring council guidelines when it suits them. Under the current Council Guidelines, when a councilmember, under Council Items of Special Interest, asks that an item be studied by staff and a presentation on the issue be made to council at a workshop within 60 days. They requested a circumvention of that process and that it immediately be brought to a council voting meeting in 2 weeks.

Councilmember Martinez reviewed the process for a Council Item of Special Interest and pointed out that the item first has to go to a council workshop meeting. He requested the item be reviewed at a future council workshop. City Manager Fischer, an ally of Sherwood’s, immediately placed the billboard issue on the agenda of the next council workshop this coming Tuesday, October 21, 2014.

Do Sherwood and Chavira have the votes to overturn the previous council decision on Becker Billboards? They can probably count on Alvarez. She received a hefty, and I mean really hefty, campaign contribution ($2,500) from Becker. So there are three that will support a reversal. Who’s the fourth? Take your pick…the most likely candidates are Councilmember Ian Hugh or Mayor Jerry Weiers.

Councilmember Martinez is concerned and has every right to be. The residents of the Cholla and Sahuaro districts fought the good fight and thought they had prevailed and there would be no billboards. They are probably angry and very frustrated at this latest turn of events and they have every right to be. Councilmember Martinez issued a special blast electronic alert to the residents of Cholla. Do not expect Councilmember Sherwood to do the same. The fewer people in his district who know about his latest effort, the happier he will be.  Here is the text of Councilmember Martinez’ special alert:

“CALL TO ACTION – October 21, 2014 Council Workshop: Palm Canyon Billboards

“Dear Cholla Residents,

“Under the Glendale City Council Guidelines, Item #2, it addresses Placing Items of Special Interest on a Council Workshop Agenda.

“ ‘City Council Workshop Items of Special Interest’ is listed on every Workshop agenda. This item will be a standing item and will be placed last on the Workshop agenda.

“At the October 7, 2014, Council Workshop, Councilmember Sherwood spoke for an absent Councilmember who wanted the Palm Canyon Billboards to be considered at the October 27th Council meeting (it is actually Oct 28th) on rescinding the previous denial based on recent information on the Becker Boards case at Loop 101 and Bell Road, and that if the rescission is voted successful, to immediately – at the same Council meeting on October 27th (28th) – vote on approving the billboards request of Becker Boards and direct staff to notify all parties as required by law at the expense of the applicant.

“Subsequent to this Workshop our City Attorney, Michael Bailey, sent an email to Mayor and Council that this item will be scheduled for work session on October 21, 2014. At that work session, staff will advise the Council of the necessary procedural steps (rescission and reconsideration) to address the issue. At that time, if the Council desires to move forward on the issue, they may direct staff to then place the item on the November 24th Council meeting agenda.

“This item has been scheduled for the October 21st City Council Workshop at 1:30 p.m. in the Council Chambers, at the Glendale Municipal Office Complex at 5850 West Glendale Avenue. Though the City Council does not take public comment at this meeting, your presence and that of your neighbors is a crucial opportunity to show your opposition.

“Please feel free to call me at (623) 561-8263 or email me at mmartinez@glendaleaz.com if you have any questions. Thank you for your support.”

Those of you who supported a defeat of the billboard issue last time, please take note and plan to attend this Tuesday’s workshop. Once again, you must send a strong message to members of this council that there is no support in our community for the Sherwood/Chavira Becker Billboard action.

© 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.

Sadly, real life should not be played like a Monopoly game although it often is, especially in politics. Horse trading deals seem to be a way of life for many politicians.  Councilmember Gary Sherwood penned a My Turn article entitled, Barrett is wrong, Franks is right: Casino means trouble for the Arizona Republic on April 20, 2013. Eighteen months ago he said:

    •  “Tohono O’odham’s massive casino is too close to residences and schools.”
    • “It denies tens of million (sic) of dollars of future development, construction and sales-tax revenues to our state and local community.”
    • “The casino will have a massive impact on Glendale’s already overwhelmed infrastructure – our police and fire departments and our roads — forever.”
    • “Crime is already up. Does anyone believe that putting a mega-casino in a neighborhood will improve the situation?”
    • “Franks is doing the right thing, and he is not alone.”
    • “The tribe has disregarded our city’s well-being and wishes for years. Now we should simply trust them?”
    • “Sadly, the Tohono O’odham Nation deliberately misled the public and even other tribal nations about this project and their casino-expansion plans for years. What kind of community leaders would willingly welcome such an unwelcome kind of neighbor?”                           

What caused Sherwood to do his flip-flop? Eighteen months ago Gary Sherwood was opposed to the Tohono O’odham casino. Sherwood has been asked repeatedly why he changed from anti-casino to pro-casino. His answers have been all over the place from, I was misinformed by others to Glendale staffers didn’t do their homework.

On September 17, 2014 Gary Sherwood testified at the Senate Committee on Indian Affairs. In his testimony he said, “I was stunned to learn that the prior Glendale administration had failed to make any effort to learn more about this proposal before it rushed to oppose it.” When questioned further by Senator McCain on his change of stance he said, “Umm, when I campaigned I had campaigned against this proposed based on information I had and I had read deal…quite a bit of information on it. Umm, the thing that was distressing to me though, that in the very beginning there was a half hour conversation when the city first found out about it in April of 2009 and that was the only conversation the previous administration had and I was, was always quite upset by the fact that we didn’t have the dialogue.” His reasons for changing his position are not only weak but mainly fantasy.

The city first learned of the casino project in January of 2009 when the TO simultaneously issued a press release and appeared at City Hall to reveal their plans. City staffers tried mightily at several subsequent meetings to get meaningful information from the Tohono O’odham about their plans. The TO repeatedly offered their conceptual plans but offered no concrete facts about their proposed project.  They were arrogant and their position was that they were coming and there was nothing the city could do. If Sherwood couldn’t get the date correct about Glendale’s learning of the TO’s plans, how many other statements of his that day played fast and loose with the facts?

His reasons for doing a 180 on his casino position should not be considered as satisfactory. Sherwood’s position remained opposed until the fall of 2013 when at several city council workshops he suddenly supported Alvarez, Hugh and Chavira in their call for “dialogue” with the Tohono O’odham. What other dynamic could have occurred?

Gary Sherwood and Sammy Chavira took office as councilmembers in January of 2013. Sammy ran on his opposition to the casino deals that had been presented to the city prior to his taking office. He said in an October, 2013 campaign mailing, ““Too many sweetheart arena deals for out-of-state corporations have left us deeply in debt.” Sammy outdid himself in supporting not just an out-of-state corporation sweetheart arena deal but out-of-country owners (mostly Canadian) sweetheart deal. He was opposed to any proposed casino deal. He went on to say publicly and repeatedly, “The city needs to be a tough negotiator, making smart planning decisions that preserve Glendale’s future.” Sammy, while running, was in no mood to accept any Coyotes deal. Inexplicably, after 6 months in office he becomes the 4th (and majority) vote to accept the IceArizona deal. Sherwood becomes the 4th councilmember (a majority) to support a dialogue with the TO after 8 months into his term. Coincidence? You must decide for yourselves. Did these councilmembers play a game of Monopoly?

© 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.