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Joyce Clark Unfiltered

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Aug 13

24

Fix it

Posted by Joyce Clark on August 24, 2013
Posted in City Council Actions • City of Glendale • Glendale elected officials • Glendale finances  | Tagged With: , , , , , , , | 5 Comments

In the August 24, 2013 edition of the Arizona Republic there is a story entitled Glendale ratings lowered by Russ Wiles and Caitlin McGlade. They report that Moody’s Investors Service downgraded Glendale’s credit ratings from A2 to A3. Even with the downgrade, Glendale’s credit ratings remain in the superior “investment grade” category. It is an omen of Glendale’s future if this council does not act boldly.

Moody’s says, “The downgrade of the GOULT (General Obligation Unlimited Tax) rating primarily reflects unusually weak management practices denoted by ongoing internal and state-controlled investigations of certain financial actions dating back to 2009. The report also cited the “outsized” risk exposure to the Coyotes under a new arena deal that requires the city to pay an annual $15 million management fee to the team’s owners.” Moody’s concerns relate to Glendale’s large debt burden and an overburdened General Fund. It went on to say, “Additionally, the outlook reflects our expectation that Glendale will remain challenged to balance its budget over the medium term due to a high level of fixed costs.” What does it mean and what effect does it have on Glendale?

It means that Glendale’s financial debacle on instituting the Employee Retirement Program (ERP) at a cost of over $6M taken primarily from its Trust Funds, the continuing high fixed costs to the General Fund and its commitment to pay Coyotes ownership $15M a year have been recognized and are of concern to credit rating agencies. The downgrade means that when Glendale has to issue bonds the interest rates will be higher, considerably higher. A simple analogy is that when you wish to buy a house you are pre-qualified. If you have a good credit score your interest rate is low. If you have a poor credit score your interest rate is much higher. Your monthly mortgage payment incorporates that interest rate causing your payment to be within a comfortable or decidedly uncomfortable range. It affects the size of and the quality of the house you can afford to buy.

Glendale ‘s Capital Improvement Program (CIP) will not see new parks, libraries or pools for quite some time because its bond issuances are impacted by the downgraded credit rating. But there are other needs. Bonds are issued to maintain and upgrade Glendale’s basic infrastructure. Moody’s kept the A2 bond rating intact for Glendale’s water and sewer bonds primarily because those services are funded by the users of those services and are not typically impacted by its General Fund. Although Glendale receives Highway User Revenue Funds (HURF) and other shared revenue funds they typically are supplemented by bond issuances for such projects as major road construction. One example is the construction of the Northern Avenue Parkway. Although the state and other cities are sharing in the costs of construction Glendale’s costs are substantial and it issues bonds to cover those costs. There will be impacts, immediate impacts to the issuance of bonds for Glendale’s aging and new but critical infrastructure.

What does Glendale need to do to reverse the downgrading of its bonds? How does Glendale fix it?

SOLUTION ONE: One issue cited by Moody’s is being dealt with now and is the implementation of the recommendations offered in the external audit report. Their adoption will strengthen Glendale’s financial policies, restore integrity to the system and send a signal not only to the bond market but to its citizens that it is serious about reform.

SOLUTION TWO: Another issue cited by Moody’s is the $15M payment to the Coyotes ownership. I can see it now. Members of the Coyotes nation saying here she goes again…blaming the Coyotes. I fully understand the desire to protect from and deflect away any unfavorable information associated with the deal or ownership. Yet it remains the “elephant in the room” that must be acknowledged. It is a decision that Moody’s has used as one of the factors in downgrading Glendale’s bond rating. That’s a fact. There is no immediate fix. Glendale is bound by a 5 year contract and expenses of $75M in management fees over the next five years. It will have to reassess its position after a year’s worth of hockey games to see if the “enhanced revenues” did indeed produce the $9M a year so desperately needed. If the goal is accomplished it provides Glendale some much needed breathing room. If the goal is not achieved Glendale will have to compensate for the revenue loss by making even further adjustments to its General Fund.

SOLUTION THREE: The last major issue is Glendale’s overburdened General Fund — not the Enterprise Funds of Water, Sewer and Sanitation. These funds derive their revenues from rate payers, you and me, when we pay our monthly water, sewer and sanitation bills. The General Fund’s expenses continue to outstrip the revenues it receives in the form of sales tax collection and state shared revenue. Options are limited: sell city assets (a short term fix); further employee reductions; create more efficiency; make draconian cuts; or a combination of all of these options. This is a painful and touchy subject for all. 60% of General Fund expenses are attributable to public safety. Glendale is at the point where it has gangrene in its leg. Do not amputate the leg and watch Glendale die as the gangrene rapidly spreads through the body or amputate the leg; stop the gangrene and Glendale will live long into the future. This is no time for political posturing. This council, each and every one of them, must adopt the will and the internal grit to do whatever is necessary, including cuts, to guarantee Glendale a healthy future. Can they? I hope so. There is no way around it. Their only mandate is to fix it.

©Joyce Clark, 2013

FAIR USE NOTICE
This site contains copyrighted material the use of which has 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, democracy, 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. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those 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.

Aug 13

23

Mushrooms, Part 2

Posted by Joyce Clark on August 23, 2013
Posted in City Council Actions • City of Glendale • Glendale elected officials • Glendale finances  | Tagged With: , , , , | 3 Comments

In my previous blog I outlined the cast of characters, what actions were to be investigated and the city hall atmosphere when these actions were taken. In this article we’ll look at what was done and how it was done. Before that, there is the why. The “why” is based upon assumption. Some of the actions were taken as early as 2008. The city was on the precipice of a great National Recession.  City revenues were declining. The city was facing a budget shortfall of over $14M. Rather than provide direction to city council to begin to make the necessary cuts, including employee terminations, management staff tried to avoid the cuts with other strategies. They were protecting their turf and the jobs of many employees. They thought they were not only staving off inevitable employee cuts but that their strategy would buy the necessary time needed to weather the recession. Their options were limited and they chose actions that produced disastrous consequences when discovered five years later, in 2013.

What did they do? When did they do it? How did they do it? They set their sights on an Early Retirement Program (ERP). They touted that it would result in cost savings in excess of $5M.

What they failed to take into account was how much this program would cost to implement – a price tag of $6.1M. The program was far more popular than they anticipated and 55 employees, many of them middle to upper management representing upper pay ranges and serious money, took advantage of it.  Costs started to balloon. $1.34M in retirement incentive costs; $1.36 in vacation and sick day payouts; but worst of all, the Arizona State Retirement System slapped on a penalty of $2.75M. How could they have not seen it coming? Scottsdale tried the same ERP in 2009 and incurred millions of dollars in penalties. The State Retirement Laws had changed in 2004. Why was no one in then City Attorney Craig Tindall’s office aware of the changes in the law? Why did no one in the city attorney’s office review current law on the use of ERPs when Alma Carmicle first proposed the idea in the fall of 2008? Ignorance is not a legitimate answer, especially at the time of ERP’s publicly advertised implementation in 2009. The city attorney’s office should have been all over it.

Unfortunately, the report does not answer those questions. It merely paints a picture of what was done. Even when staff realized that there were penalties associated with using ERP, the assumptions staff provided to and used with the State Retirement System representatives were woefully under reported. Now staff, in desperation, had to find the money to cover the ERP expenses and the state assessed penalties.

They turned to the Workmens Compensation Trust Fund (WCTF) and the Risk Management Trust Fund (RMTF) as sources to fund the ERP. Then to compound their actions they used a “premium holiday” concept which involved withholding the city’s portion of payment to the Employee Benefits Trust Fund (EBTF) eradicating its stability as well.  They withheld $83 thousand per month for a total of $1M/year in both 2008-09 and 2011-12 from the EBTF. The trust funds, especially the WCTF, began to experience shortages. Over a period of two years (2010-2012) $2.6M was transferred from RMTF to the WCTF. All the while they publicly assured city council and the general public that cost savings from the Employee Retirement Program was being generated.

That brings us to Art Lynch’s retirement as Assistant City Manager in October of 2009 and the use of his consulting firm, SRJ Consulting. Mr. Lynch was part of Mr. Beasley’s “inner circle” of trusted advisers. One could assume that Mr. Beasley wanted to make sure his friend was financially comfortable before he, Beasley, retired. So began a series of highly questionable actions performed by Mr. Beasley. Employees, in order to be eligible for the ERP, had to meet a deadline of March, 2009. Mr. Lynch did not retire until October, 2009. By placing Mr. Lynch in the ERP it added another $121,000 to the State penalty. Mr. Beasley approved Mr. Lynch’s participation in the ERP and in fact, granted Mr. Lynch an extension to accomplish that objective. Mr. Beasley also approved an additional $25,000 in deferred compensation to Mr. Lynch. The day after Mr. Lynch’s retirement, he returned to duty as SRJ Consulting, with a contract that never went out to public bid. As a consultant, over several years, SRJ Consulting received nearly a million dollars. These maneuvers cost the city an additional half million dollars. This information is available on pages 23-24 of the external audit report.

It was generally assumed that Ms. Alma Carmicle was also a member of Mr. Beasley’s “inner circle” and a trusted adviser to him. Some people might view Ms. Carmicle’s job arrangement as an example of “power corrupts and absolute power corrupts absolutely.” In the summer of 2010 Ms. Carmicle moved permanently to Mississippi and Mr. Beasley approved her job retention via telecommuting. This accommodation lasted until her retirement in February of 2012. The rationale for allowing her to stay on as a full time employee through the use of telecommunication was that Mr. Beasley felt that she was needed to negotiate the public safety Memoranda of Understanding (generally recognized as union contracts). Mr. Beasley certainly led me to believe that he was heading up the MOU negotiations. From October of 2011 until her retirement in February of 2012 Ms. Carmicle participated in 26 MOU meetings/telephone calls lasting a total of 13 hours and 55 minutes. During those four months Ms. Carmicle managed to give the City of Glendale almost 14 hours of her time, talent and expertise. Yet she was paid as a full time employee. All of her other duties as Human Resource Director had been absorbed by Mr. Brown, the Assistant Director. During this time Ms. Carmicle received her full salary and car and phone allowances estimated to be about $140,000. This information is available on page 25 of the external audit report. Was it blatant cronyism in the cases of Lynch and Carmicle? You decide.

These were the major issues of the external audit: city nonpayment to the Employees Benefit Trust Fund as “premium holidays” so that those funds could be used else where as needed; transfers from and between the Risk Management Trust Fund and the Workmens Compensation Trust Fund to cover the costs incurred in the Employee Retirement Program; and the unusual job arrangements for Mr. Lynch and Ms. Carmicle.

Ms. Goke and Mr. Bolton are the latest to fall. They have been placed on leave by the new City Manager Brenda Fischer and Candace Macleod, the City Auditor, has been appointed as Interim Executive Finance Director. The bodies are starting to pile up…Skeete, Schurhammer, Goke and Bolton. I am sad on one hand because these are people I admired and respected professionally. I knew and liked some of them personally. I sought their advice and counsel on city matters for years. Did they hide other information from me when I went to them on city issues? They destroyed any semblance of trust and abdicated their fiduciary responsibilities to the city. I am outraged that they could sit before us at budget workshops and hide the truth. Yet they are just the fall guys. They did not make the final decision to implement the ERP program – City Manager Beasley did, presumably after consulting with his “inner circle” of trusted advisers. The four on leave (and others) were directed to make the program work and later told what they could and could not say about the results of the program. They could have but chose not to, blow the whistle. In that atmosphere at that time they may have felt they had no choice. Does that make them less responsible and accountable for their participation? No, of course not. Yet they are not the lead actors in this sordid drama. Some of those who refused to be interviewed were the decision makers and should be held accountable. Will there be criminal or civil action against the major players? I am not an attorney and could not begin to guess. Remember, I am but a lowly mushroom.

Next up…results, repercussions and much more.

©Joyce Clark, 2013

FAIR USE NOTICE
This site contains copyrighted material the use of which has 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, democracy, 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. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those 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.

Aug 13

22

Mushrooms, Part 1

Posted by Joyce Clark on August 22, 2013
Posted in City Council Actions • City of Glendale • Glendale elected officials • Glendale finances  | Tagged With: , , , , , , | No Comments yet, please leave one

On August 21, 2013 at 1:18 PM I received the following email: “Since you were interviewed as part of the process, I wanted to let you know that the City-Council-directed-external-audit of the city’s finances is complete and is being released to the public and media today. The documents will be posted on the city’s home page and are available for you at this link: http://www.glendaleaz.com/documents/SpecialProject-SummaryofFindingsandConclusions.pdf    Julie Frisoni”

This short and not-so-sweet email went to people interviewed for the external audit (or declined the request for an interview) but are no longer working for the city. It would have included me, former Mayor Elaine Scruggs, former City Manager Ed Beasley, former Assistant City Manager Pam Kavanaugh, former Finance Director Ed Lynch, former Human Resources Director Alma Carmicle and former Risk Manager Jim Loeb. I assume another email went to currently employed city personnel who were interviewed.

I had not checked my email all day but I did so late in the evening. I immediately went to the link provided in the email (you can do so as well), downloaded and printed out the 250 plus page external audit produced at a cost of half a million dollars. Then I spent the next couple of hours reading and analyzing it.

Finally, finally, finally, the city has released the results of the external audit. This is an issue for discussion that is long overdue. To do it justice there will be this article to be followed by two more. This first section will flesh out the scope of the audit, the players and the atmosphere surrounding the actions that occurred. It’s time to set the record straight.

The firm hired to perform the external audit was Haralson, Miller, Pitt, Feldman & McAnally, PLC (HMPFM). They, in turn, subcontracted Fidelity Forensics Group, LLC., the Law Offices of A. Bates Butler and Evidence Solutions, Inc.

Their mandate was to investigate actions related to the Early Retirement Program (ERP); transfers between and out of the Risk Management Trust Fund (RMTF) and the Workmens Compensation Trust Fund (WCTF); look at any other cash transfers into the city’s General Fund; and evaluation of city management’s disclosure of these actions to the city council. They would also be charged with identifying any civil or criminal liability related to these actions. As they worked their way through these issues council approved enlarging their scope of investigation to include lack of city contributions to the trust funds; the city’s actions under the Federal Early Retirement Reimbursement Program (FERRP); Art Lynch’s employment arrangements after he retired as well as city action associated with his retirement; and Alma Carmicle’s work arrangement after she moved to Mississippi. In other words did anyone deliberately misdirect city funds or use them improperly, was improper direction given and did the city council know?

We know who was hired to do the work and what they were hired to investigate. To do their work they secured 19 workstations and/or computers and/or other devices such as tablets and phones. They reviewed nearly 75,000 documents but perhaps, most importantly, they performed 37 interviews. 27 people were interviewed (some more than once) as follows:

*    Norma Alvarez        *   Don Bolton             *   Jim Brown               *    Cathy Mcintyre        *   Ann Buchmeier       *   Nick DiPiazza             *   Julie Frisoni             *    Diane Goke           *   Horatio Skeete          *   Julianna Lloyd        *   Christina Parry       *   Craig Sullivan              *   Candace MacLeod   *   John Stern               *   Darcie McCracken       *   Raquel Montero        *   Joyce  Clark          *   Robert Steele           *   Elizabeth Smith        *   Andy Jennings         *   Elaine Scruggs         *   Shelly Kitts               *   Lupe Sierra         *   Craig Tindall                    *    Jill Shaw                *   Jim Summers        *   Michael Morrison              *   Sherry Schurhammer

More telling are those who were asked for interviews but declined them:

             *   Ed Beasley                  *   Art Lynch              

              *   Jim Loeb                     *   Pam Kavanaugh

             *   Alma Carmicle 

Now we have our cast of characters. What was the environment under former City Manager Ed Beasley’s tenure? It can be characterized in two words — very controlling. I used to joke and say that councilmembers were mushrooms. There’s an old country saying that mushrooms are grown in the dark and fed horse manure. It turns out to be more colorfully accurate than anyone imagined. Page 19 of the external audit says, “From the onset of the ERP, City Management and staff failed to keep the City Council appropriately informed, at times misled them and/or provided incorrect information. Under the previous administration, city staff was hindered and/or prohibited from providing valuable information to the City Council. Until recently City staff was hesitant to make independent decisions or communicate directly with the City Council due to a mandate by City Management that all Council communications be run through the City Manager’s office. The few times City staff was allowed to present to the City Council, they were required to do a dry run for City Management and only present that which was approved at that rehearsal. These acts could be most readily observed in official communications by City Management and staff with the City Council.” Finally here is formal vindication of my actions as Chairperson of the Trust Funds and as your councilmember despite the smear tactics used by my opponent in my recent reelection campaign.

In my conversations with various staff, there was confirmation that not only did every council communication have to flow through the city manager’s office but that staff was required to report any verbal communication had with councilmembers. They also, I kid you not, had various staff members act in the roles of individual councilmembers and then rehearse the proposed presentation to be made to council. It was a formidable and intimidating atmosphere in which Beasley expected results. Policy direction was his forte. Immersing himself in detail to achieve the objective was not. Question: Who exactly constituted “City Management” at that time? Or did Beasley instead rely upon his “inner circle” of trusted advisers?”

What occurred disturbs me – no, it’s worse than that. It makes me sick to my stomach. Management staff, almost universally belong to the International City/County Managers Association (ICMA). ICMA’s Code of Ethics can be seen at this link: http://icma.org/en/icma/ethics/code_of_ethics.

Tenet 3 of the Code is as follows, “Be dedicated to the highest ideals of honor and integrity in all public and personal relationships in order that the member may merit the respect and confidence of the elected officials, of other officials and employees, and of the public.” Staff members involved betrayed the trust we placed in them and treated us as mushrooms.

Next up — what did the investigation reveal?

©Joyce Clark, 2013

FAIR USE NOTICE
This site contains copyrighted material the use of which has 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, democracy, 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. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those 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.

Aug 13

21

Weighty issues stay behind closed doors

Posted by Joyce Clark on August 21, 2013
Posted in City Council Actions • City of Glendale • Glendale elected officials  | Tagged With: , , , , , , , , | 2 Comments

The most discussed item on the Glendale council workshop agenda of August 20, 2013 was that of prayer. This is not a council that questions staff reports or recommendations. There are several reasons that could account for their lack of inquiry. They could agree with all aspects of the item presented or they might not have done their homework and actually read the material. Take your pick. Keep in mind even when a councilmember agreed with an item, questions were often posed to staff to flesh out and offer further explanation.  In other words, it provided an opportunity to educate. Several councilmembers appeared to be reading the material in their workshop books for the first time. That is not as uncommon as you might expect. On previous councils there were always one or two councilmembers who were reading the material for the first time during meetings.

Glendale City Council

Glendale City Council

This is not a council of passionate belief or extraordinary intellect. Qualities required to create an atmosphere of forthright debate rather than passive acceptance. One exception is Councilmember Alvarez whose stubbornness and lack of understanding of an issue is often mistaken for passion.

Prayer is Mayor Weiers’ initiative. Coming from the state legislature where prayer is offered provided the impetus to introduce the concept in Glendale. He appears to have the support of Councilmembers Hugh, Sherwood, Alvarez and Chavira to bring it to a vote of approval. As stated in my last blog prayer may be fleeting as the Supreme Court takes up the issue of prayer at town meetings this fall. Councilmember Martinez and Vice Mayor Knaack dissented. They preferred continuation of the moment of silence and felt that the concept may cause problems in the future. They represent the sentiment of my unscientific blog poll to date. 67% of the responders do not support initiating a prayer and 33% of the responders do support it. Perhaps the best course of action would have been to “let sleeping dogs lie.”

When it came to Council Items of Interest, nearly all of the items were a recitation of the issues currently facing them, i.e., Camelback Ranch debt, the proposed casino, future revenue projections, the fire department’s “structural deficit,” and employee compensation. There were a few new ideas to explore. Councilmember Martinez asked to look at loose trash collection with the idea of changing it to a quarterly service or eliminating it altogether. That idea is sure to generate a lot of comment from Glendale’s citizens. Councilmember Sherwood suggested a look at the sister city concept with an intent to partner with a Canadian city that hosts hockey. Mayor Weiers agreed saying that Anthony LeBlanc (new owner of the Coyotes hockey team) had suggested the idea. Councilmember Chavira offered an idea, admittedly not his own, that asked staff to look at interim uses (such as an archery range) for the Western Area Regional Park (now called Glendale Heroes Memorial Park).

We know that critical issues such as the arena management contract, the external audit and meeting the City Attorney candidates occurred during what is turning out to be, all-too-frequent, closed Executive Sessions. The weighty issues are not for your consideration…only their eventual outcomes.

©Joyce Clark, 2013

FAIR USE NOTICE
This site contains copyrighted material the use of which has 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, democracy, 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. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those 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

Aug 13

19

To pray or not to pray…that is the question

Posted by Joyce Clark on August 19, 2013
Posted in City Council Actions • City of Glendale • Glendale elected officials  | Tagged With: , , , , , , , , , | 7 Comments

Instead of its regular meeting time of 1:30 PM the Tuesday, August 20, 2013 council workshop meeting will convene at 9 AM. The 64 million dollar question is will Councilmember Alvarez show up or call in? She’s on the injured reserve list once again. If she does show will pain medication affect her performance or lack thereof?

They will begin with an Executive Session to meet the candidates for the City Attorney’s position. Do we know how many finalists? Do we know who they are? At least when the City Manager’s position was up for grabs we knew a smidgeon about the finalists. This time there is a cone of silence.

prayerThe most interesting and possibly contentious issue for open workshop discussion is to pray or not to pray at the start of the evening meeting. FYI: Only Phoenix has prayer before its council meeting. The cities of Gila Bend, Winslow, Apache Junction, Litchfield Park, Benson and Florence have invocations before their meetings. What’s the difference between an invocation and a prayer? According to the dictionary an invocation is the act of asking for help or support from anyone or anything.  A prayer is a spiritual communion with God or an object of worship. Is it appropriate to start council meetings with a prayer? You can weigh in by participating in my unscientific poll to the left of this article. This issue could become a moot point of discussion as this fall the Supreme Court will take up the issue of prayer at town meetings as it hears the Greece, New York case.

After their discussion of prayer council will move into another Executive Session where once again they will receive information about the external audit. Apparently the audit has been completed. If that is the case, it’s time to let the citizens of Glendale review the result. After all, taxpayers paid a hefty price for it – a half million dollars. It should be presented to all on a gold plated serving tray! Come on, council, it’s time to give it up and direct staff to post the results on the city’s website.

The other item of note in Esession is discussion of the IceArizona management agreement. What could this be about? The council approved the contract with IceArizona with its public vote on July 2, 2013 followed by the sale of the team by the NHL to IceArizona.  Is the contract still under negotiation?  That is the only way it can be discussed in Esession. Here is the exact verbiage used: “Discussion and consultation with the City Attorney and the City Manager to receive an update, consider its position and provide instruction and direction to the City Attorney and the City Manager regarding Glendale’s position in connection with agreements associated with arena management, the Arena, and the Hockey Team, which are the subject of negotiations (bold emphasis mine). [A.R.S 38-431.03(A)(3)(4)(7)].” Note that discussion is permitted in Esession while the negotiations are in progress but negotiations were concluded with council’s vote on July 2nd. Hmmmm…

©Joyce Clark, 2013

FAIR USE NOTICE
This site contains copyrighted material the use of which has 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, democracy, 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. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those 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.

Aug 13

14

Vacation’s over…August 13, 2013 Glendale City Council meeting

Posted by Joyce Clark on August 14, 2013
Posted in City Council Actions • City of Glendale • Glendale elected officials  | Tagged With: , , , , , , , | 5 Comments

Glendale City Council

Glendale City Council

As meetings go this one was pro forma. It was the last meeting in the old format. The next voting meeting will begin at 6 PM and the public will have the opportunity to speak before regular business. The next workshop meeting is scheduled for 9 AM on August 20, 2013, not at its regularly scheduled time of 1:30 in the afternoon.

The majority of the agenda items were approved with nary a comment. Councilmember Sherwood did pull Item 3, a new liquor license for the 99¢ store at 53rd Avenue and Glendale Avenue. It was pulled to assuage the concerns of downtown merchants who had expressed their disapproval and wanted council to deny this applicant. We all learned more about 99¢ stores than we cared to. It appears that this retail chain has revamped its model and now desires to sell beer and wine to increase its revenues. Perhaps someday we’ll see shoe stores and clothing stores selling liquor “to increase revenues.” A specious argument used ad nausea by applicants applying for a liquor license. The new license was approved despite empty reassurances from various councilmembers that they supported downtown Glendale.

It does bring up some interesting thoughts for your consideration. When does an area have enough liquor stores and can a lot of liquor stores in a small geographical area stigmatize it? A topic best saved for discussion in another blog.

The other discussion that proved most interesting was that of the car cruising event that was held in downtown Glendale. It is Mayor Weiers’ baby and he put a lot of effort into its promotion. Apparently with some success as it brought people to downtown Glendale in the middle of the summer and the merchants loved it. Now it appears that the woman who produced the event has betrayed him. She is moving the event to Westgate where apparently they are willing to pay her for her production. This is in sharp contrast to producing the event in downtown under the city’s thumb. It appears far more attractive to her to be paid for her work rather than paying the city hefty permit fees for permission to hold her event. There was much gnashing of teeth by the mayor, vice mayor and Sherwood and Martinez, promising that they would “look into it” because they were behind the downtown merchants 100% — but not when it comes to denying a new liquor license. It is also noteworthy that Weiers still hasn’t the foggiest idea of how to run a council meeting. He often forgets where he is on the agenda, takes items out of order or has to be corrected by Vice Mayor Knaack.

Norma Alvarez

Norma Alvarez

Lastly and not surprisingly Councilmember Alvarez did not attend and did not call in to participate in the meeting. It appears she has injured herself once again. How many meetings has she missed due to injury?  Feel free to do the research but it’s been a bunch. Sometimes she did call in to participate. Often she did not show or call in. She lost her effectiveness as a councilmember a long time ago and for the good of her district she should resign. She does stand for reelection in 2014 and she would be well advised not to do so. Except for a few Ken Jones types and the Tohono O’odham she has lost the support of many in her district due to a combination of her antics and absences. For the first time I have added a poll question on the left side of this article. It provides you with an opportunity to cast your vote on the question of Alvarez’ resignation.

Vacation’s over, folks.

©Joyce Clark, 2013

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Aug 13

12

They’re b-a-a-a-ck…City Council reconvenes after summer break

Posted by Joyce Clark on August 12, 2013
Posted in City Council Actions • City of Glendale • Glendale elected officials  | Tagged With: , , , , , , | 1 Comment

Glendale City Council

Glendale City Council

Don’t expect any fireworks at this first voting meeting on August 13, 2013 of the Glendale City Council after their summer break. They are still feeling the warm glow of sand, surf, summer and best of all, having been away from one another. Wait until the contentious issues surface such as the results of the external audit. This item once had a relatively small price tag and has now ballooned to half a million dollars.

This meeting will probably last an hour or less. Although there are 24 items to be decided and voted upon 19 of them are on the Consent Agenda and can be voted upon in one action. Only 5 items are not on the Consent Agenda.

This is the last night meeting that will convene at 7 PM.  Ordinance 2858 (which we can assume will be approved) will change the evening meeting time to 6 PM at the next meeting in two weeks. It seems counterproductive to move the meeting time up by one hour. To what end and to whose end? It makes it more difficult to arrive by 6 PM for those who work and want to attend. It is tied to another change whereby public comments will be at the beginning of the meeting rather than at the end. This change was made under the guise of accommodation of the hoards of citizens wishing to publicly comment and being made to wait until the end of the meeting. It accommodates the hoard consisting of Ken Jones, Arthur Thruston, Bill Dempski and the Marwicks, regular speakers at every meeting. After all they do go to bed rather early. Ironically, the Marwicks live in Phoenix, not Glendale.  In Glendale they have a forum. In Phoenix they do not.

Other changes that will probably be approved on August 13th are: adjusting the term of the Vice Mayor from January to January, a calendar year rather than a fiscal year; instituting a two year term limit of service for councilmembers on subcommittees (too bad it’s not term limits as an elected official); granting staff more time to respond to council items of special interest. It had been 30 days, now it is 60 days; and formalizing the council workshop meeting location in B-3. Mayor Weiers had insisted workshop meetings be held in council chambers. That didn’t last long because it was more expensive and frankly, logistically it simply didn’t work. One action yet to be decided and that will be discussed at the council workshop on August 20, 2013 is the addition of time for prayer at the start of each voting meeting. This item alone could make that workshop session very entertaining.

Fischer 2

City Manager
Fischer

Item 23, the next to the last item on the agenda, is interesting for the very nature of what it does not contain. It is an update of city signature authorization for banking transactions. It recognizes the new City Manger Brenda Fischer. It retains Horatio Skeet as Assistant City Manager and Jamsheed Mehta as Interim Assistant City Manager. Yet Ms. Fischer placed Mr. Skeete on paid administrative leave pending yet another investigation which she institued. This action to recognize signature authorization could merely be procedural. It is quite conceivable that in 2 weeks they will do it all again and add Julie Frisoni as Acting Assistant City Manager. In her role as acting assistant city manager she will oversee communications, information technology, community and economic development, planning and building safety, intergovernmental affairs and the mayor and council

Frisoni

Acting Assistant City Manager
Julie Frisoni

As an Acting Assistant City Manager, what is Frisoni’s expertise and what are her credentials? There is little public information to be had. She studied communication and broadcasting at Arizona State University – but did she graduate? With a degree in Communications?  She worked at KPNX-TV and applied for a communications position with the city. She has no formal training in public administration or business administration and no credentials in managing in any field other than communications/marketing but she has plenty of political savvy. When the former Communications Director left Ms. Frisoni quickly rose to the position of Director of Communications/Marketing. She was part of former City Manager Ed Beasley’s inner power circle and worked closely with him in a position of trust.  Which leads one to ask, when Beasley gave direction or approval to move Trust fund revenues was Ms. Frisoni in that staff meeting? Probably. What did she know about the transfers and when did she know it? Ms Frisoni’s temporary promotion shouldn’t come as a surprise since Ms. Fischer’s early career included public relations in Henderson, Nevada and communications in North Las Vegas, Nevada. Sisters under the skin?

So, folks, city council is back along with a new cast of characters. This season’s political dance, fascinating yet often cruel, is about to begin again. What will be the result for the people of Glendale?

©Joyce Clark, 2013

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This site contains copyrighted material the use of which has 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, democracy, 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. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those 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.

Aug 13

8

Fischer, Skeete and Arizona Attorney General

Posted by Joyce Clark on August 8, 2013
Posted in City of Glendale • Glendale elected officials  | Tagged With: , , , , | 2 Comments

Recently media stories have focused on Glendale’s new City Manager, Brenda Fischer; Glendale’s Assistant City Manager, Horatio Skeete (on paid administrative leave) and the results of the AG’s inquiry into the Glendale City Council’s possible violation of the Arizona Open Meeting Law. Wow! That’s a plate full!

Fischer 2

City Manager
Brenda Fischer

First up…City Manager Brenda Fischer…the true test of her effectiveness will be if she can successfully manage Glendale’s debt crisis. Can she convince this council that cuts of at least $5M (maybe more) must be made over the next 5 years? This council has been reluctant to cut anything and has in fact, spent more on items such as the Beacon Sports contract; the external audit (which has now ballooned to a price tag of half a million dollars); and the $15M a year payment to ArizonaIce for management of the city’s arena.

Skeete

Assistant City Manager
Horatio Skeete

Next up is Assistant City Manager Horatio Skeete currently on leave and replaced in the interim by Communications Director Julie Frisoni. It can be assumed that Fischer’s call for yet another investigation stems from his handling of the transfers from the Risk Management Trust Fund and the Workers’ Compensation Trust Fund. During their tenures, there is nothing — I repeat, NOTHING, that happened in Glendale without the knowledge of and support/disapproval of Ed Beasley, former City Manager and Elaine Scruggs, former Mayor. If one reads the International City Managers Association (ICMA) Code of Conduct, one would see that one of the Code requisites is that subordinate staff, i.e., Assistant City Manager, Department heads, etc., are impelled to carry out the directives of the City Manager, whether they agree with those City Manager directives or not. It is hoped that as the new investigation commissioned by the new City Manager commences the final decision maker regarding the fund transfers will be identified.

Coalition 1 photo

Glendale
City Council

Lastly, the AG’s inquiry into possible council Open Meeting Law violations is laughable. Boy, was it thorough! The AG relied upon an AG interview with only one councilmember and the assertions of no wrong doing by City Attorney Nick DiPiazza who, in turn, asked all seven councilmembers whether they had been bad boys and girls.  It’s like the proverbial fox guarding the hen house. I can see it now. DiPiazza to a councilmember: Did you discuss any deal points when you met with the NHL and Renaissance principals? Councilmember, said with indignation: Heavens no! We talked about the weather, living in Arizona and our families. We never discussed any deal points. After all, it was a  “meet and greet.” Does anyone want to buy a bridge in Brooklyn?

 

©Joyce Clark, 2013

FAIR USE NOTICE
This site contains copyrighted material the use of which has 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, democracy, 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. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those 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.

Aug 13

6

From a very happy Coyotes fan’s perspective

Posted by Joyce Clark on August 6, 2013
Posted in City of Glendale  | Tagged With: , , | 1 Comment

For My Coyotes Family

By Kimberly Radke

August 6, 2013 at 11:15 am, Facebook posting

4 Years, 3 months. That’s how long Coyotes fans have been waiting. Waiting and worrying and above all, hoping. Hoping that the team’s ownership issues would be resolved, hoping that the team would be staying in the desert. Yesterday, to the immense relief of those fans (and probably some our friends who are tired of hearing about it), the saga has ended; and indeed it has ended on high note. The last 4 years, 3 months have been filled with roller coaster moments, controversy and probably a few ulcers. However, even with all of the negativity that has surrounded this saga, it has brought about more than its share of positive moments as well. I know many that will look back on this time with a bitter taste in there mouth and carry with them only the bad memories. But, I think it’s important to recognize how many positives came out of this ordeal.

We learned that a few people with a passion, determination and drive can develop into a small army of people willing to go out and stand in 115 degree heat day in and day out to make sure voters were informed and aware of what they were signing. We learned that a city council member can make more of a difference than we ever knew possible. We learned about city politics, Political Action Committees, water bills and city council meetings. We’ve gained friendships and relationships with people whom we probably would have never crossed paths with otherwise. We saw our team not only make the playoffs3 years in a row, but make it to the Western Conference Final. We won the Pacific Division title for the first time. We gained a coach and a General Manager in Dave Tippet and Don Maloney who have had an unwavering belief in this team and its fans. We saw the reemergence of a leader in Shane Doan, who not only redefined what it is to be a team’s Captain, but exhibited the kind of loyalty not often seen in the professional sports world today. And all of this happened with no owner. And yet our fan base grew. Through all of this, we learned about “hockey the hard way”.

But, in my opinion, as sports fans, perhaps the most positive aspect to be taken from “The Coyotes Ownership Saga”, as it is often called, can be summed up in one word: Camaraderie. The camaraderie that has developed between this franchise, its players and its fans is unique and special. It’s something that those on the outside looking in have rarely, if ever, noticed. But it’s there and we are lucky for it. I think most fans of the sport would agree that hockey produces a different kind of professional athlete. Hockey players as a whole, more times than not, seem to be more down to earth, more accessible, more willing to sign an autograph, pose for a picture or even just have a conversation. However, this team has taken that to a new level. And it’s not just the players. It’s the announcers and reporters, the front office, our season ticket reps, our guest services personnel, our bloggers and everyone in between. We’ve all been through the ups and downs together. We have an understanding of the effects these trials (literally and figuratively) and tribulations have had. And the camaraderie that has developed as a result is amazing and special and unique. And that can never be taken away.

And now we get to celebrate. We get to celebrate IceArizona’s purchase of the team and get to look forward to years of hockey in the desert. But as we begin to move forward, and the team is now “Here To Stay”, and the new owners, GMDM, Tip and Doaner continue to work their magic and grow the fan base, let’s make sure we remember “Hockey the Hard Way”. Many people may never know the names Bea Wyatt and George Fallar, or realize the impact that they have had. Most people will never understand why cupcakes will always make a select few of us laugh, why we think the term “thug” is comical, why our stomachs turn when we drive by a library or what the heck the Order of the Tricky Clam is. And many people may never understand how a hockey team in the desert can have such a strong connection with its fans. And that’s ok, because we know.

Throughout this saga many of us have often said, “Being a hockey fan shouldn’t be like this.” But, the last 4 years, 3 months have truly shown us what it means to be a member of the Pack. And for that, I say we are lucky.

Thank you all….it has truly been an honor to get to know all of you.

Aug 13

2

Will the real Keith McCullough please stand up?

Posted by Joyce Clark on August 2, 2013
Posted in City of Glendale  | Tagged With: , , , , | 9 Comments

In 2009, a scant 4 years ago and what now seems like an eternity in the Coyotes saga; Ice Edge which has now morphed into Renaissance Sports and Entertainment; which has now has a subsidiary called Ice Arizona was in the hunt to purchase the Phoenix Coyotes. Its competitor at the time was Reinsdorf and Kaites.

McCullough

Keith McCullough

Keith McCullough was part of the Ice Edge group and was interviewed on July 31, 2009 by Bloomberg TV. During that interview he was asked about the Ice Edge bid and during the course of his answer at one point he said, “We actually have a 3 to 5 year plan coming out of an economic cycle in an area that we think is opportunistic.”

When asked about their intent to play Coyotes games in Saskatoon and Halifax, Mr. McCullough said, “People in Phoenix don’t want to go to a hockey game anyway. You might as well bring them to Canada where people will go bonkers to watch a hockey game.”

Both of his answers sent the Coyote nation into shock. There was fear and anger that this group’s real intent was to move the team in 3-5 years because in their view the hockey market in Phoenix was not nearly as profitable as the market in Canada.

Recently McCullough has tweeted confirming his involvement in what is now known as Ice Arizona, scheduled to receive the NHL’s Board of Governors’ blessing at any moment as well as consummating the NHL’s sale of the team. Ice Arizona’s current slogan is “Here to stay.” It’s time for McCullough to stand up. Does he still hold to the sentiments expressed on that Bloomberg TV interview? Will he disavow his previous remarks? Has he fully embraced Ice Arizona’s intent of “Here to stay?” Legitimate questions requiring legitimate answers for the Coyote nation.

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