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Joyce Clark Unfiltered

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On  June 10, the Glendale city council voted 5-2 to cancel the current lease management agreement with Ice Arizona. This was the agenda item:

“DISCUSSION AND POSSIBLE ACTION TO DIRECT THE CITY MANAGER AND CITY ATTORNEY TO CANCEL THE PROFESSIONAL MANAGEMENT SERVICES AND ARENA LEASE AGREEMENT BETWEEN THE CITY OF GLENDALE AND ICEARIZONA MANAGER CO., LLC AND ICEARIZONA HOCKEY CO., LLC, PURSUANT TO ARIZONA REVISED STATUTES § 38-511, AND TO PURSUE ANY AND ALL OTHER LEGAL ACTIONS AND REMEDIES NECESSARY TO EFFECTUATE CANCELLATION OR TERMINATION OF THE AGREEMENT.”

Here is the text of Arizona Revised Statutes §38-511:

38-511. Cancellation of political subdivision and state contracts; definition

  1. The state, its political subdivisions or any department or agency of either may, within three years after its execution, cancel any contract, without penalty or further obligation, made by the state, its political subdivisions, or any of the departments or agencies of either if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the state, its political subdivisions or any of the departments or agencies of either is, at any time while the contract or any extension of the contract is in effect, an employee or agent of any other party to the contract in any capacity or a consultant to any other party of the contract with respect to the subject matter of the contract.
  2. Leases of state trust land for terms longer than ten years cancelled under this section shall respect those rights given to mortgagees of the lessee by section 37-289 and other lawful provisions of the lease.
  3. The cancellation under this section by the state or its political subdivisions shall be effective when written notice from the governor or the chief executive officer or governing body of the political subdivision is received by all other parties to the contract unless the notice specifies a later time.
  4. The cancellation under this section by any department or agency of the state or its political subdivisions shall be effective when written notice from such party is received by all other parties to the contract unless the notice specifies a later time.
  5. In addition to the right to cancel a contract as provided in subsection A of this section, the state, its political subdivisions or any department or agency of either may recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the state, its political subdivisions or any department or agency of either from any other party to the contract arising as the result of the contract.
  6. Notice of this section shall be included in every contract to which the state, its political subdivisions, or any of the departments or agencies of either is a party.
  7. For purposes of this section, “political subdivisions” do not include entities formed or operating under title 48, chapter 11, 12, 13, 17, 18, 19 or 22.

The special voting meeting was preceded on Tuesday, June 9, 2015 by a special workshop session when council immediately voted to go into executive session and then there was a regular workshop meeting. Did the executive session lead to council’s decision to hold the special June 10, 2015 vote about the IceArizona contract? We will never know for executive session cannot be discussed per state statute.

Interestingly Anthony LeBlanc revealed some executive session information when he was on the radio last week. Gary Hirsch, a Glendale resident, raised a question about LeBlanc’s radio comments during the public comment period of council’s regular meeting on June 9, 2015. He asked if anyone representing the city had filed a complaint. No one on council responded but that is not unusual as a statement is made at the outset that council is there to receive public comment but not to respond.

OK, so there is a state statute that allows a political subdivision to cancel a contract. So what? There is one more piece of information that is essential to this surprising action. Most of you do not have a copy of the IceArizona/Glendale Lease Management Agreement. I do and A.R.S. § 38-511 is cited in that contract on Page 84 (in an old contract, page 96 of newer version). I quote:

“24.13 Conflicts of Interest

24.13.3 (in newer contract this is 23.13.2) The Parties acknowledge that the provisions of A.R.S. §38-511, which are hereby incorporated in this Agreement by this reference, may create a situation in which the City might have a right to cancel this Agreement pursuant to A.R. S. §38-511.”

Who made sure this clause was included the Lease Management Agreement? And why? Was city council aware of this provision when they approved the contract? I doubt it. The Jamison contract written by Tindall is the framework for the Ice Arizona contract. There were modifications to specifically address the IceArizona deal. The first thought when reading 24.13.3 is Craig Tindall. How does Tindall fit into all of this? Here’s a quick timeline:

  • April 1, 2013 Tindall resigns as Glendale City Attorney but continues employment with city for 6 months
  • June, 2013 Tindall emails prior to approval of agreement demonstrate his extensive involvement in crafting the final language (please refer to my previous blog on Tindall. Here is the link: Former Glendale City Attorney Craig Tindall…Act 2 http://wp.me/p3aHul-xb )
  • July 3, 2013 Glendale IceArizona Lease Management Agreement approved by city council
  • August 20, 2013 IceArizona hires Tindall as its General Counsel
  • October 1, Tindall’s employment with the city officially ends

State statute says quite clearly that a political subdivision within 3 years after a contract’s execution may cancel the contract if any person is significantly involved in negotiating, crafting or drafting the contract on behalf of the political subdivision and is an employee or agent of any other party. Why did IceArizona accept this provision? Did Sherwood read this contract? If so, why did he not object to provision 24.13.3 within the contract? Why did Tindall and Nick Wood (another Coyotes attorney) allow this clause to remain within the contract? Was it deliberately placed within the contract to offer either side a way out without invoking the 5 year out clause? If it was deliberately left in and invoked by the city then the city wears the “black hat” – not IceArizona for invoking the hated 5 year out clause. Hmmm…

Councilmember Sherwood did not attend tonight’s meeting. Apparently he was in Salt Lake City.  I don’t know but one would think that such a critical vote would demand that he cancel his trip.  He did find time that afternoon to be interviewed on NBC Sports Radio 1060AM by Roc and Manuch.

Why cancel the contract now? The time limitation under state statute is 3 years.  This July 3, 2015, 2 years will have passed. If council’s move to cancel the contract did not occur now it would have happened sometime in the next 12 months. Why this exact moment? I don’t know.

Since the approval of the contract City council has changed dramatically with the departure of former Councilmembers Martinez, Knaack and Alvarez.  Martinez and Knaack supported the deal while Alvarez did not. The majority that approved the contract at the time of its approval was Martinez, Knaack, Sherwood and Chavira. With new councilmembers taking office in December of 2014 a seismic shift occurred. No longer did the deal appear to enjoy a 4 councilmember majority.

The city issued a press release on the morning of June 10, 2015 stating, “The City Council has scheduled a discussion and possible vote regarding Glendale’s contract with the Arizona Coyotes. Discussions and negotiations regarding the contract have been ongoing for months. Specifically, the City is open to a resolution but it must be one that provides certainty and fairness to both parties, especially the taxpayers. The Council has agreed to stand for transparency and the highest standards of ethics for any future agreement with the Coyotes.” Was the city’s press release forced by IceArizona’s threat to sue the city? Translating the government speak, the city appears to have taken the position that it wants the Coyotes to stay as the anchor tenant in its arena but it can no longer sustain the annual loss of revenue. Clearly it is sending the signal that it wants to renegotiate the annual management fee from $15 million a year to ??? Tom Duensing, Interim Assistant City Manager, has pegged this year’s loss to the city to be in the $8.7 million dollar range. To date IceArizona’s position is that they refuse to renegotiate the contract and they reiterated that statement when Barroway and LeBlanc met with Mayor Weiers and Vice Mayor Hugh. And why would they entertain a renegotiation? They are in the catbird’s seat and they retain that pesky 5 year out clause.

Some of the comments made by various individuals during the course of the meeting:

  • City Attorney Bailey – his office sought numerous outside opinions; the contract is the opposite of the goal of public-private partnership; management fee paid by the city not to be used to retire ownership debt; the purpose of the statute is to protect taxpayers from any employee having a dual relationship
  • Nick Wood (Attorney for the Coyotes) – city has no claim; said NHL and Coyotes will sue; claimed Tindall was a ‘former employee’; questioned timing of council action; predicted terrible things will happen to Westgate
  • Anthony LeBlanc (Coyotes minority owner) – the city’s action has had a significant financial impact on the Coyotes already; called council action ‘political grandstanding’; claims meeting on Monday with Mayor Weiers was the first time city had asked to renegotiate
  • Many citizens spoke for over an hour – majority were Coyotes fans; included Jeff Teesel, Manager of Westgate; however there were a few brave Glendale citizens who asked council to weigh the needs of the community vs. the needs of professional sports.

At the start of the meeting Councilmember Aldama made a motion to table for 2 weeks. Chavira seconded. The majority voted no on the motion. The vote on cancelling the contract was 5-2 with Aldama, Tolmachoff, Turner, Hugh and Weiers voting to cancel and Sherwood and Chavira voting to keep the contract. Mayor Weiers commented prior to his vote with the cryptic statement, “if you are breaking the law there is no exception.” He went on to say as time progressed more information would be available so that the public would understand why council voted as it had.

There’s more to say but I will save it for my next blog. I will offer one comment now. The meeting was ugly and the air was filled with threats, intimidation and breathless anger. If there are any typos or poor English please accept my apology. It was due to a rush to get this blog out. My only hope is that LeBlanc and crew reach out immediately to the city, willing to renegotiate the deal and living up to their promise to keep the Coyotes in Glendale.

© Joyce Clark, 2015

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It has been 17 years and 158 days since the city’s pledge to build the West Branch Library.

At 6 PM on Wednesday, June 10, 2015 the Glendale city council will meet to consider and vote upon an action to cancel the current Lease Management Agreement with IceArizona. Here is the only item on the agenda:

“DISCUSSION AND POSSIBLE ACTION TO DIRECT THE CITY MANAGER AND CITY ATTORNEY TO CANCEL THE PROFESSIONAL MANAGEMENT SERVICES AND ARENA LEASE AGREEMENT BETWEEN THE CITY OF GLENDALE AND ICEARIZONA MANAGER CO., LLC AND ICEARIZONA HOCKEY CO., LLC, PURSUANT TO ARIZONA REVISED STATUTES § 38-511, AND TO PURSUE ANY AND ALL OTHER LEGAL ACTIONS AND REMEDIES NECESSARY TO EFFECTUATE CANCELLATION OR TERMINATION OF THE AGREEMENT.”

There are rumors flying furiously on Twitter, Facebook, etc. speculating on the reason for the possible cancellation. That’s all they are…rumors. I can affirm that the reason has nothing to do with the infamous audit or the brough ha ha over naming rights. I have agreed to not say anything further until after the council meeting.

Don’t expect Councilmember Sherwood to be at this meeting or call in. Apparently he will be in Salt Lake City tomorrow. How convenient especially if the deal he brokered blows up. His pals (Chavira and Aldama), or as all three call themselves, the “Tres Amigos” (I like Three Stooges better), will have to vote without their “jefe” to keep them in line. Oh oh…

Bring your seat cushions for tomorrow night’s meeting folks. Expect it to be a long one with every possible Coyote fan in attendance reiterating over and over again how stupid this council is. Has it occurred to anyone that they couldn’t be that stupid if they have discovered a way out of the current contract?

You will see the agenda item makes specific reference to Arizona Revised Statutes § 38-511. I suggest anyone that is interested in this issue take the time to read 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.

It has been 17 years and 148 days since the city’s pledge to build the West Branch Library. Many who have visited Westgate couldn’t help but notice the fountains spilling into the tiny lake on the south side of Glendale Town lake 3Avenue. Well, poof…it’s gone. With the development of the newest addition to Westgate, Dave & Buster’s and its requisite parking needs, this lake which the city deeded to Westgate was removed. It was a nice, upscale amenity…but heck…since when do those who live on the west side of the valley deserve an amenity?

Becker Billboards is coming back with a vengeance. Remember their failed attempt, supported by Councilmembers Sherwood, Chavira and Aldama to plant billboards along the Loop 101 and Bell Road? It was scheduled to be reheard by the Planning & Zoning Commission this fall. However, betting that a lot of people are out of town during the summer Becker was successful in moving it up to the Planning & Zoning agenda for next Thursday, June 4th at 6pm at City Hall in Council Chambers.

No matter what the P&Z recommendation is it will go before the city council for another vote on Tuesday, June 23rd at 6pm at City Hall in Council Chambers. (Note that citizen comments are again scheduled at the start of the council meeting.) If the Becker Billboards are allowed it will set precedent for additional billboards at other locations throughout the city. The city has worked hard to eliminate the visual blight associated with billboards. Allowing Becker Billboards is, frankly, taking a step backward.

Publicly the record has been Sherwood, Chavira and Aldama support the billboards. Weiers, Tolmachoff and Hugh oppose the billboards. The deciding vote will be that of Councilmember Bart Turner. Thus far, he has impressed as being reasonable and genuinely interested in hearing the opinions of Glendale residents. I urge you to send emails expressing your opinion to the mayor and council at:

I would also urge you to send emails to the Planning & Zoning Commission members. Please send their emails to: tritz@glendaleaz.com . It is his responsibility to copy all emails directed to P&Z Commissioners and to make sure that they receive them in their packets. Please make sure you address your opinion to the P&Z Commissioners. Lastly I urge you to attend one or both meetings. You do not have to speak unless you wish but your presence sends a very strong message.

On May 29, 2015 the city council voted to approve the calling of a Recall Election for Councilmember Gary Sherwood on November 3, 2015. However a funny thing happened on the way to the Recall Election. Are you ready for this? By state law after a sitting elected official is notified of his/her recall (done by the City Clerk on May 12, 2015) the person being recalled has 5 days (excluding weekends and holidays) to resign.

Sherwood chose not to resign. The official is also notified that he/she has 10 days (INCLUDING weekends and holidays) to provide a 200 word statement of defense that will appear on the ballot. Sherwood’s 220 word statement was due on or before May 22, 2015. Sherwood submitted his written statement on May 26, 2015. Oops…Sherwood appears not to be able to follow directions well.

On May 28, 2015 he received a letter from the City Clerk REJECTING his 200 word statement as not being offered to the clerk’s office within the proscribed time limit. Can you believe it? It’s like a remark made to me regarding his failure to be timely. The prosecution (recall committee) presents its case and the defense (Sherwood) is asked to present its and it says, ‘none.’ Talk about self-inflicted wounds…

In his latest e-newsletter Sherwood has announced that he is putting together a citizen advisory committee. Why now after nearly 3 years in office? Because he finally seems to recognize that he is going to lose his seat on council. One of the habitual complaints against him has been his arrogant dismissal of citizen voices. Unfortunately it’s too little and too late.

For those interested in the gristly details of the recall election in the Sahuaro district the first day to file nomination petitions is Aug. 5, 2015 (90 days before); the last day is Sept. 4, 2015 (60 days before); and candidate nomination packets available after June 1, 2015. People can register to vote by Oct. 5, 2015; Early Ballots go out Oct 7, 2015; and the Recall Election Day is Nov. 3, 2015. If I were anyone interested in running against Sherwood I would be forming a Political Action Committee (PAC) immediately and start raising money now.

© Joyce Clark, 2015

FAIR USE NOTICE

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

It has been 17 years and 146 days since the city’s pledge to build the West Branch Library.

I salute the men and women of the Glendale Fire Department. You, time after time, demonstrate your compassion, professionalism and integrity every time you answer an emergency call. Your genuine care for the people you serve is evident…especially the children, the little ones. Thank you for your service. I and every Glendale citizen appreciate what you do.

You work hard but you are paid well for your knowledge and expertise. You probably think that it is not enough and perhaps it isn’t. Due to your schedule of one day on and two days off many of you have second jobs or are business owners. It is something that nearly every other employee working a traditional 5 day a week job does not have the luxury of doing.

As a former councilmember and now private citizen of Glendale whatever concerns I have had or do have about the policies of fire service delivery have never been about you but they have been about the union that represents you and some of the goals and the tactics the union uses.

 I go nuts when in reviewing fire’s pay for major events such as this past Super Bowl and I see some fire department employees earning $220 an hour in overtime pay. I’m sorry but I think that is outrageous. There are many other professions in which their members earn far less than $220 an hour in overtime pay. It breeds a lack of sympathy among the general public.

The Glendale fire union’s latest stunt was averted by councilmembers who realized the fragility of Glendale’s current budget situation at their city council meeting of May 26, 2015. Sherwood and Chavira pressed to use reserve funds but they did not prevail. Sherwood is supportive because he needs all the help he can get in facing his recall election. Chavira is a Phoenix firefighter and has an obligation to support anything the fire union wants.

When Glendale residents picked up the Glendale Republic of May 23, 2015 the headline screamed Fire department understaffing stirs concerns in an article by Matthew Casey. It reflected a deliberate strategy by Joe Hester, President of the Glendale chapter of the fire union, (who really runs the department) to use scare tactics to get additional revenue now…immediately…to expand the fire department. Hester said, “It seems pretty obvious there is a crisis by any way you measure it. Our folks are extremely disappointed in the budget process.” Here is the link: http://www.azcentral.com/story/news/local/glendale/2015/05/22/glendale-fire-department-understaffed/27713737/ .

The most telling statistic in the article was provided by Glendale Fire Chief Mark Burdick. He offered Glendale Fire Department response times for 90 percent of calls by year:

  • 2010 8 minutes 11 seconds
  • 2011 8 minutes 10 seconds
  • 2012 8 minutes 6 seconds
  • 2013 8 minutes 12 seconds
  • 2014 8 minutes 12 seconds

So where is the crisis? Today’s response time is the same response time as in the previous 5 years. Another fact often ignored is that Glendale is one of ten cities in the state accredited by the non-profit organization, The Center for Public Safety Excellence. Glendale would not have received its accreditation if its response times were not acceptable. This agency is responsible for accrediting individuals and agencies internationally. It is a much coveted accreditation and Glendale is proud to have measured up to its criteria. Do you really think Glendale would have received its accreditation if its response times were not acceptable?

The statistic Chief Burdick provided is telling for another reason. Now that he is soon-to-be retired as Fire Chief he has begun to tell it like it is. As a councilmember 5 or 6 years ago Chief Burdick and I had a conversation about the union and its influence within the department. There was much he wanted to say but he was obviously reluctant to speak freely about the union and its influence and he refrained. I could sense that he was embarrassed that he could not speak freely.

The purpose of this article released just before the council meeting was to pressure the city council to change its budget strategy and to use general fund contingency or unappropriated fund balance to purchase more equipment and to hire more personnel immediately.  Let’s look at some facts not clearly addressed in the article:

  • Fact #1 – Glendale is experiencing an increased call volume. Why? Glendale’s population has barely increased and in fact, Glendale is anticipated to lose state shared revenue because its population growth is low compared to other Valley cities. Much of its increased call volume are responses due to Automatic Aid.
  • Fact #2 – Glendale is a member of the Valley-wide automatic aid system. If the closest fire station is busy and Glendale is the next closest, Glendale is dispatched to handle the call out of its city. The Republic article acknowledged that “Glendale responded about 3,300 more times to calls in Phoenix and Peoria than those cities responded to Glendale combined.
  • Fact #3 – Glendale uses overtime to make up for its increased call volume. It is insane to send a large truck with 4 personnel to medical calls when 80% to 90% of its calls are medical. There are other strategies such as 2 person ambulances being employed right now, this very minute, to respond to emergency medical calls. It’s time for Glendale to adopt one of them.

Shame on the fire union for attempting to scare people into giving them the financial resources they want right now.  Shame on the fire union for attempting to expand its empire rather than looking at other strategies for response to medical calls.

No one asked the question: The fire department’s budget comes from the city’s general fund. It has been acknowledged that they want an additional $2 to $3 million and that does not include the additional monies needed to pay the salaries and benefits for more personnel annually. What department in the general fund do they want to cut by $2 to $3 million? What other city service are they willing to sacrifice to meet their needs right now?

In response over the next few months the council will take a measured look at the entire issue of adequate resources for public safety and that includes the police department. Five of the councilmembers did not rush to judgment as Sherwood and Chavira pressed them to do.  They realize that there is a problem but they were not ready to sacrifice other city services to give the fire union what it demanded. They also realize that there is no quick fix. It will take several years to implement a viable solution. The men and women of the Glendale fire department want what is best for their city. Too bad their union is not listening to them.

© Joyce Clark, 2015

FAIR USE NOTICE

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

It has been 17 years and 140 days since the city’s pledge to build the West Branch Library.

For the first time ever at the May 26, 2015 city council meeting the council will vote to set a recall election date of November 3, 2015. Councilmember Sherwood has got to be desperate. From the number of Sahuaro district registered voters willing and eager to sign a petition calling for his recall is a pretty clear indicator that he cannot win.

Instead of realizing his ambition to become Glendale’s next mayor he faces the humiliating prospect of a recall against him. Desperate people do desperate things. I am convinced that he, and most likely his strongest supporter, the Glendale Fire Union, will attempt some last ditch, legal maneuver to delay the election.  I wouldn’t put it past them. A legal effort to delay the election may cause some Sahuaro district voters to not participate if they know the regular election for that seat occurs in November of 2016. Sherwood hints of this prospect,“if there is this supposed ground swell of dissatisfaction with me, I’m up for reelection next nine months later in August ’16.”

Here is the link to the May 19, 2015 edition of the Glendale Star:  http://www.glendalestar.com/news/article_b6d4fd24-fe45-11e4-86a1-6f00d1c2d6ea.html

In an article written by Darrel Jackson entitled Sherwood faces recall, Sherwood states, “I’m very proud of my record and I have extended an inordinate amount of energy hoping to cover for the lack of leadership that has existed with my fellow policy makers these nearly past two and a half past years.” If I were the mayor or his fellow councilmembers I would be quite angry with Sherwood’s trashing of their performance. This is one seemingly arrogant fellow believing that he is Superman saving Glendale from 6 Jesters.

Sherwood in the Jackson article goes on to say , “he helped negotiate an agreement with the tribe (Tohono O’odham) worth more than $26 million for Glendale over 20 years.” He shouldn’t be quite so proud of that fact. That very same land had it not become a reservation and had been privately developed as offices, would have generated an estimated $4 to $5 million a year in various taxes. Since when is a little over a million dollars a year better than 4 or 5 million dollars a year?

Sherwood’s commentary in the Jackson article demonstrates that when Sherwood is backed into a corner, it seems he can be quite vicious as he blames the current council for the resignation of former City Manager Brenda Fischer (his buddy) and Assistant City Manager Julie Frisoni (another buddy). The current rumor is that Sherwood has hired Julie Frisoni’s new consulting firm as his campaign consultant. That shouldn’t surprise anyone as it appears that Sherwood met often with Frisoni on city business that met his agenda. We can add Frisoni to the list of supporters that appear to include the Glendale Fire Union, Mark Becker of Becker Billboards and Jason Rose of the Rose Law Group.

Look for Sherwood and his supporters to file something to delay the election before the council May 26th meeting and vote. How creative can they be? I expect we’ll find out shortly.

© Joyce Clark, 2015

FAIR USE NOTICE

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

It has been 17 years and 132 days since the city’s pledge to build the West Branch Library.

According to the Maricopa County Elections Department the Stop Councilman Sherwood Committee (www.stopsherwood.com) has successfully submitted enough valid petition signatures to force a recall election of Councilmember Gary Sherwood of Glendale’s Sahuaro district. Look for the recall election to occur on or about November 3, 2015.

According to a story in the Arizona Republic by Peter Corbett (here is the link: http://www.azcentral.com/story/news/local/glendale/2015/05/12/glendale-councilman-sherwood-face-recall-election/27216077/ ) Sherwood said, “This is being funded by Gila River. This is a casino thing but they threw some other issues in there to try to make it legitimate.” Who do you think will be throwing money Sherwood’s way as he tries to beat back this recall effort? Just look at his campaign filings (here is the link: http://www.glendaleaz.com/Clerk/2014PoliticalCommitteeCampaignFinanceReports.cfm . Scroll down this page to “Friends of Gary Sherwood.” You can view all of his submitted campaign finance reports.)

Don’t be surprised to see the Tohono O’odham, Mark Becker of Becker Billboards and the Rose Law Group (Becker’s attorney of record) contributing to his campaign or making independent expenditures. Expect the Glendale Fire Union to call on their brother chapters to contribute money, time and manpower to prop Sherwood up. Remember, theoretically the local Glendale union must not be involved because of the Federal Hatch Act…wink, wink.

Sherwood misreads his constituency if he truly believes that it is simply the Gila River tribe’s attempt to get rid of him. People in his district are not very happy with him these days. He appears to them as arrogant and dismissive of not just their concerns but their positions on issues that are important to them. He has been publicly derisive of their comments at city council meetings. He continues to advocate for Becker billboards and has even tried a few billboard issue maneuvers at council meetings. Apparently his constituents’ opposition to the billboards may not be as important to him as pushing for the billboards. His motive may be payback for previous financial campaign support and anticipated support this time around.

He failed to inform his constituency of the possible sale of the Foothills Library. The perception was that he purposely dragged his feet on publicizing the issue because he supported the idea of a sale. After the library issue died he proudly announced that he was having a luncheon meeting with Midwestern University President Kathleen Goeppinger to offer Glendale’s support of other possible MU initiatives.

Then there’s the casino issue. Sherwood ran on a platform of opposition to the casino and then at the eleventh hour, flip-flopped and became its most ardent supporter. Many people, to this day, believe that Sherwood became pro-casino in return for Councilmember Chavira’s support for the Coyote deal with IceArizona. Each man was the deciding vote to create majority support for each issue.

Sherwood originally claimed that the reason he changed his position was that Councilmember Chavira brought new information to his attention but he has never said what that “new information” was. Now he says the reason he changed his position is, “he changed his mind about it once it was clear that Glendale could not stop the Tohono O’odham Nation project.”  Which is it, Mr. Sherwood? New information from Chavira or you were powerless to stop the TO? If Sherwood had adhered to his campaign promise and stayed the course with Councilmembers Martinez, Knaack and Mayor Weiers, those four would have constituted a majority keeping an anti-casino position.

Then there is Sherwood’s position on the temporary sales tax increase…excuse me…make that a permanent increase. With a proverbial wringing of hands, Sherwood supported making the temporary sales tax permanent while agreeing that it would be revisited in future council budget workshops with the intent to gradually reduce the tax.  During this council budget workshop cycle did you hear Sherwood fighting to gradually reduce the tax?

Sherwood has two options. He can as he puts it “stand by his record and intend to run in the election (2015).” That sets up an interesting scenario. He would have to defend himself this November in a recall election and then turn around and do the whole thing all over again in November of 2016 when his seat comes up for its regular, every four year council district election. Or he could resign and run for mayor against Weiers in the November election of 2016. By resigning he would instantly remove a lot of the current negativity from voters in his district. For now, the issue of his recall is relatively isolated within his district. Hmmm….

As an FYI: Mayor Weiers may face yet another challenge for his seat in 2016. Rumors are floating that even though Councilmember Jamie Aldama is a newbie he wants to run for mayor in 2016. Aldama and his supporters seem to think that the Hispanic vote can win the election for him. Sadly they fail to recognize that the Hispanic vote is concentrated in south Glendale (Ocotillo, Cactus and Yucca districts) and that historically north Glendale (Cholla, Sahuaro and Barrel districts) outvote south Glendale at a nearly 2 to 1 ratio. While Aldama feels that he may prevail in south Glendale his visibility and support in north Glendale is practically nil.

It may become a contest to see who has the greater chutzpah in vying for Mayor Weiers’ seat…Councilmember Sherwood or Councilmember Aldama. It will be interesting to see who wins this match up…Sherwood or Aldama.

© Joyce Clark, 2015

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It has been 17 years and 119 days since the city’s pledge to build the West Branch Library.

For the past few days the Tohono O’odham (TO) have seen news that they can only characterize as awful. On April 24, 2015 the Congressional Budget Office issued a report on cost outcomes to the federal government if the TO is not allowed to build its casino in Glendale. Here is the link: http://www.cbo.gov/publication/50136 . Those who have represented that is an exact cost figure are deliberately misleading people in an attempt to pressure them to drop their opposition to the casino. Now despite the recent outrageous headlines of stopping the casino will cost US taxpayers a billion dollars here are direct quotes from that report:

“Based on information from the Tohono O’odham Nation, CBO expects that if H.R. 308 were enacted, the tribe would pursue litigation against the federal government to recover its financial losses caused by the prohibition on gambling. Whether the tribe would prevail in such litigation and when those proceedings might be concluded are both uncertain. The basis for any judicial determination of the tribe’s financial losses is also uncertain. CBO estimates that possible compensation payments from the government could range from nothing to more than $1 billion; however, we have no basis for estimating the outcome of the future litigation.”

 “That decision is now under appeal at the Ninth Circuit Court of Appeals. Although the tribe has been successful in litigation thus far and construction of its resort and casino is underway, it may be more difficult for the tribe to prevail in a claim brought after enactment of H.R. 308 because of the types of claims available to it and the facts of this particular situation. The outcome of such litigation is uncertain.”

“Regulatory taking claims are often unsuccessful and usually do not lead to significant economic awards when (as in this case) the taking does not fully diminish the economic value of the property;”

What should disturb everyone is the fact that the TO’s estimated annual income from this proposed casino at $100 million dollars a year or one billion dollars over 10 years. You can hear the sucking sound now as dollars subject to sales tax from nearby businesses vanishes. It’s no more than dollar displacement. People only have so many discretionary dollars. If those dollars are consumed by the TO casino then those dollars are not spent elsewhere in the community and the multiplier effect of each and every dollar is lost.

The second bomb to drop is a poll released by the Sonoran Alliance on April 28, 2015. Here is the link: http://sonoranalliance.com/2015/04/28/new-poll-support-for-glendale-casino-collapses/ . Here is the conclusion drawn from the survey. “Based on the survey results there is overwhelming support from voters to oppose new gaming in the Phoenix metropolitan area. Once voters become aware of the various issues surrounding the conduct of those involved with this proposed casino, opposition grows by 18% to a clear majority in opposition. This survey shows that most of Arizona’s elected officials are acting with large support for their activities in trying to stop this casino.”

The third bomb dropped today, April 30, 2015, was with an article by Bill Theobald of the Republic Washington Bureau entitled Senate committee passes bill to block casino near Glendale. He reports, The Senate Indian Affairs Committee passed by voice vote legislation sponsored by Arizona Republican Sen. John McCain (and Sen. Jeff Flake)…” Last month the House Natural Resources Committee passed the same legislation. That means that both bills can now be voted up or down by the full House and the full Senate.

Senator McCain, commenting on the Keep the Promise Act of 2015, said in part, “the law doesn’t allow a tribe to ‘air drop’ a casino onto land in a metro area that’s not part of its traditional tribal lands.” He also said, “building another casino in the Phoenix area violates the intent of the Indian Gaming Regulatory Act. ‘I know what the intent of Congress was because I wrote the bill’.” Arizona’s Congressional representatives are not the only legislators hearing complaints from their constituents on this issue. Many other states are facing the same issue of, as McCain puts it, “air dropping” casinos. Consequently there is a lot more support for this legislation than is perceived. It becomes precedent setting and may allow other legislators to stop reservation shopping in their states.

The desperation of the Tohono O’odham becomes more palpable every day. That’s why the press conference after the state announced that it would not grant the TO a gaming license. It is amusing that several headlines and the Op Ed piece in the April 30, 2015 edition of the Glendale Star scream support for the proposed casino. It’s no secret that the paper’s editor, Carolyn Dryer, is a supporter of the casino. In fact, several years ago she attended a pro-casino meeting hosted by former Ocotillo councilmember Norma Alvarez not as the paper’s representative but as a private citizen. Bias oozes from every article on the casino and objective reportage especially on this issue has become a stranger to it.

Ned Norris Jr., Chairman of the Tohono O’odham Nation, vows to fight to the bitter end and he remains adamantly defiant. Councilmember Chavira and Vice Mayor Hugh were good puppets as they reiterated the same, tired arguments of other tribes’ attempts to kill competition. They all conveniently ignore that this action began in secret while the TO pushed Arizona voters to approve the state gaming compact. They conveniently ignore the fact that the tribe kept the purchase of land within Glendale’s boundaries secret from the city for 7 years. They conveniently ignore the fact that the TO deliberately withheld their plan for this casino from its sister tribes for 7 years. As stated by the Arizona Gaming Director, fraud was committed by the Tohono O’odham.

Many supporters of the casino ignore these facts, plead ignorance of them or simply shrug their shoulders while trotting out arguments of a down trodden tribe deserving of this casino no matter how it is acquired. Whatever the casino supporters’ reasoning they should check their moral compasses. Perhaps their tolerance for dishonesty evaporates and is solely dependent upon their perception that their ox is being gored.

© Joyce Clark, 2015

FAIR USE NOTICE

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

It has been 17 years and 117 days since the city’s pledge to build the West Branch Library.

On Monday, April 27, 2015 in the Opinion section of the Arizona Republic pro and con casino op-ed pieces were published.  Mayor Jim Lane of Scottsdale presented the current anti casino position. In it he supports the position taken by Governor Doug Ducey and the state Gaming Director. The state’s position is that the Tohono O’odham (TO) should not benefit from the fraud they committed against the voters of Arizona and they will not issue a gaming permit to the TO. That is the state’s right. If the TO do not agree with the state’s decision they can and most probably will take the state to court.

Councilmember Ian Hugh (Cactus district) presented the pro casino position. He offered two arguments. His first was that this issue is a matter of local control. Oh really? What about the federal Department of the Interior granting the TO reservation status on land within Glendale, technically a county island, that they purchased with a straw company and held secret for 7 years? What about the Bureau of Indian Affairs that has yet to approve TO gaming on their reservation parcel? What about the State of Arizona’s ability to grant or deny a gaming license for this new temporary gaming facility per the 2002 voter approved state gaming compact with all of the tribes’ (including Ned Norris Jr. representing the TO) publicly pledging to build no more casinos in the Phoenix Metropolitan Area?

Glendale has been in the middle of a maelstrom not of its making since the TO made its announcement in 2009. By the way, there was no courtesy head’s up to Glendale. No introductory meeting expressing the sentiment that they would like to locate within Glendale and asking what needs to be accomplished on their side to make it happen. No, the TO rode rough shod over the city basically sending the signal that it didn’t matter what Glendale thought about their plans. There has never been local control. Asking for recognition to represent that this council is representing “the interests of the Arizonans we represent” is ludicrous.

Hugh’s second argument is just as silly. He refers to “the tremendous public support for the casino resort.” This has been the most divisive issue in Glendale’s history. There is just as much “tremendous public support” against the casino. Just ask the residents most impacted by this casino project – those who live closest to the proposed casino.  They are the ones who will deal with increased and obstructive traffic 24/7. They are the ones who will have to deal with increased crimes of opportunity in their neighborhoods, especially burglary and theft. The following links are articles related to increased crime as a result of a casino courtesy of one of my blog readers, Bill Eikost:

http://napavalleyregister.com/news/local/rural-indian-casinos-bring-traffic-crime-as-well-as-jobs/article_6c033a00-73b0-11e0-b43d-001cc4c002e0.html  http://www.forbes.com/sites/realspin/2013/09/25/as-native-american-casinos-proliferate-the-social-costs-of-the-gambling-boom-are-ignored/ http://www.washingtonpost.com/blogs/wonkblog/wp/2012/10/30/studies-casinos-bring-jobs-but-also-crime-bankruptcy-and-even-suicide/

Ask the residents of Glendale, the rate payers for water services who, at sometime in their futures, can expect their water bills to go up to pay for the fixes and upgrades to the water and sanitation systems that will be needed to provide service for the intense development on the TO site.

To add fuel to the fire, for the past few days the pro casino side has been shilling a Congressional Budget Report and claiming that it would definitively and absolutely cost US taxpayers a billion dollars to deny this casino to the TO. Not true. It’s a scare tactic designed to frighten or anger people.  One can read the real story about this billion dollar claim in an article published today, April 28, 2015 by Howard Fischer of Capitol Media Services. Here is the link: http://azcapitoltimes.com/news/2015/04/28/report-legislation-blocking-west-valley-casino-could-cost-taxpayers-1-billion/ . Here is the link to the Congressional Budget Report courtesy of one of my blog readers, Legend: http://www.cbo.gov/publication/50136 .

As further signs of pro casino desperation the TO with a little help from their buddies, the companies currently constructing the temporary casino, ran a full page ad in the Arizona Republic today designed to go after Senators McCain and Flake and Representatives Franks and Gosar and their legislation, H.R. 308 and S. 152, the Keep the Promise Act of 2015. Their dire headline is that these legislators want to put 1,300 Arizonans out of work. First, not all of the construction workers on the site are Arizonans, much less live in Glendale or the west Valley.  Secondly, these are temporary jobs. When the construction is completed or stopped these jobs vanish.  And of course, they had to throw in that the mean old, Indian tribes that have established casinos want to protect their market share and are willing to kill babies to protect it…some exaggeration here…but not much.

Add to all of this exaggeration and hyperbole two resolutions on tonight’s Glendale city council meeting agenda: a police mutual aid and a fire mutual aid agreement between the city and the TO up for approval or disapproval. Of particular interest is a stipulation within the agreement protecting the TO’s sovereign immunity. If the TO’s hired personnel screw up in delivering police or fire service to a Glendale resident, there is no means of suing the tribe due to their preservation of their claim of sovereign immunity.  Does that then preserve the onus of liability on Glendale? The training of officers and fire personnel on a reservation may not be of the same caliber as that of municipal employees.

These agreements may not even be legal. It could be that an agreement between a US municipality and a sovereign nation (the TO is a sovereign nation and is not subject to federal, state, county or municipal laws) may not be worth the paper upon which it is written. It probably has the same amount of validity as if the municipality of El Paso, Texas, entered into a mutual aid agreement with the country of Mexico. It’s more for show and is a direct salvo to the state’s declaration that it will not issue a gaming license to the TO. If someone sues we’d find out how valid these agreements really are.

All of this signals desperation and anger on the part of the Tohono O’odham. The realization that the state will not grant them a gaming license has them attempting to convince the public to pressure the state. It will not work. Their plan to open their temporary casino later this year has evaporated and if the Congressional legislation passes it is dead.

© Joyce Clark, 2015

FAIR USE NOTICE

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It has been 17 years and 113 days since the city’s pledge to build the West Branch Library.

Today, April 24, 2015 at 11 AM the Recall Councilman Gary Sherwood Committee turned in Recall of Councilmember Sherwood petitions to the Glendale City Clerk Pam Hanna. The minimum required number of signatures is 2,752. The City Clerk based upon a cursory scan acknowledged 4,055 signatures. The committee had until the middle of June to complete the task.  Note that the committee turned in its signatures with 7 weeks to spare. Kudos to the three people who spear headed this effort: Anna Lee, Chairperson of the committee; Connie Kiser and Laura Hirsch.

What happens next? The Glendale City Clerk has 10 business days (2 weeks) to validate signatures. That also allows time for the City Attorney’s Office to find some technicality to invalidate all of the petitions. They have done it before and you can count on them to try to find something again. If the petitions make it through the city gauntlet the petitions move to the County Recorder’s Elections Department for further signature validation. The Recorder’s Office has 60 days. I suspect this time the petitions will make it through both processes. Look for the city council to call for a recall election date sometime after mid-September of 2015.

The ball then moves to Sherwood’s court. He will be offered the opportunity to offer a public statement on the recall or resign. Sherwood has already stated that he will fight to the bitter end. That is his right. Will he be able to pull the proverbial rabbit out of the hat? Not this time.

During the April 14, 2015 city council meeting the Insight Technology contracts were on the agenda for approval. It was the height of irony that Interim City Manager Dick Bowers was absent and at that time, still Assistant City Manager Julie Frisoni (she has since resigned) whose husband is a VP at the company, was tasked with the introduction of both Insight agenda items. Councilmember Lauren Tolmachoff, as each item was presented, asked the City Clerk if Frisoni had filed a Disclosure Statement. To which the City Clerk responded that Frisoni had not. It was a strategy by Tolmachoff to get that fact on the record. Hmmm.

Earlier in the week Tohono O’odham (TO) Nation Chairman Ned Norris Jr. held a press conference in reaction to the news that the state Gaming Department will not issue a gaming license to the tribe in order to open its temporary casino in Glendale later this year. He did not serve his tribe well in TV news coverage the following day. He seemed positively rabid. Outrage oozed out of every pore. It’s a wonder there was no foaming at the mouth.  I wonder how he likes it when the tables are turned. He went back on his word at the time all of the state’s tribes were seeking voter approval of a state gaming compact. Now the state will not grant the tribe a license claiming fraud on the tribe’s part. What goes around comes around. Norris insists they will continue with the temporary casino’s construction. The TO does so at its peril. This issue is sure to end up in court with an uncertain decision looming and at some point the Keep the Promise Act of 2015 will see a Congressional vote with the promise of stopping the casino permanently. It’s a shame really. The TO is willing to bet over $200 million dollars on what many view as a losing proposition. If they lose that’s $200M that could have been used for all kinds of services for its tribal members.

**GeonGracie….I need a better email address to reply.

© Joyce Clark, 2015

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

It has been 17 years and 110 days since the city’s pledge to build the West Branch Library.

On April 9, 2015 we learned that the state Attorney General’s Office has declined to file charges on the allegations of Open Meeting Law violations facing Councilmembers Gary Sherwood and Sammy Chavira and former Councilmembers Manny Martinez and Yvonne Knaack. It comes as no surprise considering the fact that the attorney general’s office primarily relied on depositions provided by the four current and previous councilmembers. You can be sure each of them had an attorney at their elbow as they responded to the AG’s questions.

Some additional comments about the proposed library dispenser are in order. It’s remoteness and decidedly dark location is problematical. Additional lighting would have to be added driving up the cost of the project. There are limitations, depending on the type of book dispenser purchased, on the size of the book that can be placed in the machine…ummm. Three years ago this was a very popular pilot project especially in remote locations in California. Feedback indicates that over time, fewer and fewer books were retrieved from their dispensers as patrons turned to e-books. Perhaps the money would be better spent on expanding the number of e-book licenses purchased by the Glendale system.

At their last workshop session the Glendale city council approved the concept of naming streets (and perhaps Glendale public property) after prominent public figures. The first two personages mentioned were Martin Luther King Jr. and Caesar Chavez…let’s add George Washington and Abraham Lincoln to that list. What about Thomas Edison or Albert Enistein? Or Max Klass, Anthony Holly and Pat Campbell? Do you see where this is going? The list of worthy people is endless and that’s when the fight starts. That is why previous councils, wisely, never went down this path.

Have you taken a look at the city’s website lately? Don’t bother. It hasn’t been updated since God created dirt. Funny, the city hired a person to manage and to update the site. Guess it’s yet another “Where’s Waldo” situation. If anyone finds this person, please ask him/her to get to work.

The Recall Councilman Sherwood Committee remains on track to collect more than the required number of signatures to mandate a recall election. If you are interested in signing the petition and live in the Sahuaro district please go to www.stopsherwood.com .

After three months Councilmember Jamie Aldama remains AWOL for one neighborhood in particular as they wrestle with code issues.

Are there any outstanding Glendale issues that you would like to see covered? If so, please email clarkjv@aol.com with your suggestions.

© 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.