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Joyce Clark Unfiltered

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

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 Sherwood read Sammy’s request asking that the previous council decision be rescinded and Becker be granted the right to erect billboards by council vote at the October 28, 2014 city council meeting.

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

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

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

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

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

“Dear Cholla Residents,

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

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

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

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

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

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

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

© Joyce Clark, 2014

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

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

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

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

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

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

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

© Joyce Clark, 2014

FAIR USE NOTICE

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

Councilmember Gary Sherwood has done it again. On September 17, 2014 he appeared before the Senate Committee on Indian Affairs hearing on Senate Bill 2670. The bill, if approved by the Senate, would have the effect of stopping the Tohono O’odham from building a casino in Glendale.

Please note that the panel members were not sworn in. It is the usual practice in any Congressional hearing and one wonders why it was not done this time. In his oral testimony Sherwood said, “We have talked to many business leaders in this area including leaders of two professional sports teams and major hospitality developments and they all support this West Valley project.”

It appears that his statement is not true. In fact, the Cardinals have sent a letter to the Chair of the Committee, Senator Jon Tester, as well as the Vice Chair Senator Barrasso, Senator John McCain, Senator Jeff Flake, Mayor Jerry Weiers and all members of the Glendale City Council, categorically stating that they do not support the casino project.  The Arizona Coyotes released a public statement indicating that they have never expressed support for the casino project.

Looks like Sherwood was shooting from the hip…err…his lips…again. Sherwood is on a personal path of self destruction with a history of public statements that have all but destroyed his credibility. No wonder the people of the Sahuaro district, which he represents, seem all too willing to sign a recall petition against him.

On a separate but another questionable note, a blog reader contacted me and asked if Jamie Aldama has the home he owns in the Yucca district registered as a rental property with the City of Glendale and if he is paying monthly rental property tax to the city. I have no answer and the city maintains no online listing of rental properties. I suggest the Ocotillo voters go to the source and ask Mr. Aldama. It begs yet another question. Why is Jamie Aldama still sitting on the citizen’s Planning and Zoning Commission representing the Yucca district if he doesn’t live there and is running as a candidate for the Ocotillo council seat? Councilmember Chavira (Yucca district) should have replaced him when Aldama announced for Ocotillo. Why didn’t he? Perhaps he was just lazy and didn’t want to deal with the hassle of finding a replacement or perhaps he thought he was giving Aldama greater credibility as an Ocotillo district candidate with Planning and Zoning credentials. There’s no love lost between Chavira and Alvarez. She supported him a lot…I mean tons… in his run for his council seat only to be double crossed by him when Chavira voted for the arena management agreement. Alvarez was counting on him to be the fourth vote that would kill the deal. This kind of politics is certainly not for the faint hearted.

© Joyce Clark, 2014

FAIR USE NOTICE

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

On September 17, 2014 the Senate Committee on Indian Affairs took testimony on Senate Bill 2670 introduced by Senators McCain and Flake. In previous blogs, Part I and Part II, I offered verbatim transcripts of the testimonies of Department of the Interior Assistant Secretary for Indian Affairs Kevin Washburn, Gila River Governor Gregory Mendoza and Glendale Mayor Jerry Weiers. Today the verbatim testimony is that of Glendale Councilmember Gary Sherwood and Tohono O’odham Chairman Ned Norris, Jr.

Actually Councilmember Sammy Chavira was slated to testify. Why didn’t that happen? Have you ever noticed that the Sherwood-Chavira pairing is eerily similar to Mutt and Jeff? I’ll leave you to figure out who is Mutt and who is Jeff. At the last minute, at the hearing table in fact, Sammy was bumped and Sherwood took over as self proclaimed representative of Glendale’s majority council position on the issue.

Many have asked who pays for these trips to Washington, D.C. The answer is easy. You do – the taxpayers of Glendale. Each councilmember has 2 budgets: one for “communication” and one for “infrastructure.” These budgets total an annual $30,000. It is from these budgets that a councilmember’s trips are paid.

Sherwood’s testimony was a combination of rhetoric and fantasy. He delivered facts that can only be characterized as misinformation. He said, “…88% of the wage earners who live in our community must travel elsewhere to work.” According to http://www.citydata.com/city/Glendale-Arizona.html#ixzz3Ej8KFaU3 workers who live and work in Glendale number 25,039 (23.6%). He went on to say, “I was stunned to learn that the prior Glendale administration had failed to make any effort to learn more about this proposal before it rushed to oppose it.” Wrong again. City administrative personnel were directed by council in 2009 to meet with the Tohono O’odham (TO). That meeting as well as subsequent meetings did not go well. The TO were arrogant telling city staffers that the casino was coming and there was nothing the city could do about it. The only information they were willing to share were the same conceptuals of the project they had released publicly. So much for the TO’s willingness to share specific information with the city. Sherwood then went on to say,“ We have talked to many business leaders in this area including leaders of two professional sports teams and major hospitality developments and they all support this West Valley project.” Who is this ‘we’? Despite his rhetoric the businesses, especially the sports teams, are not supportive of the casino. Why should they be? The casino will siphon off discretionary dollars from those who usually attend their games. Councilmember Sherwood, show us the money, or rather some letters from these businesses attesting to their support of direct, unfair competition. We’d all like to see those.

Tohono O’odham Chairman Ned Norris used a combination of sheer arrogance and threat in his testimony. He admonished all entities but most specifically sister Tribes in Arizona by saying, “…we ask these tribes to carefully consider the damage their efforts are causing…” He, once again, made reference to the Nation’s poverty status, “…our population is one of the poorest in the United States with average, individual incomes just over $8,000.” What are the Nation’s leaders doing with the $36 million earned by its existent 3 casinos annually? He referred to their back room deals as misinformation and said they had been litigated. How? The TO has consistently refused to waive “sovereign immunity” in court proceedings.  He also verbally stamped his feet and said if they didn’t get their casino it would be a “profound injustice.” What about the “profound injustice” the TO have caused to Glendale, its sister Tribes and the state of Arizona?

The last blog in this series will wrap up with questions posed to the panel by Chairman Tester and Senator McCain. It is certainly interesting. Below is the verbatim testimony of Councilmember Sherwood and Chairman Norris:

Chairman Tester: “Councilman Sherwood.”

Councilmember Sherwood: “Good afternoon Chairman Tester and members of Senate Indian Affairs Committee. My name is Gary Sherwood and I am the councilmember of the city of Glendale, Arizona. On behalf of Glendale I am here today with my fellow councilmember and colleague, Sammy Chavira. We are pleased to have given the opportunity to present Glendale’s official position on S. 2670, the so-called Keep the Promise Act.

“Let me be absolutely clear. The city of Glendale strongly opposes enactment of this legislation. The city, twice, has adopted official resolutions clearly expressing this opposition and these resolutions have been provided to the committee. In this opposition to 2670 and House Bill 1410 we have been joined our sister cities, Peoria, Tolleson and Surprise all of which have long opposed this legislation. It is important to understand that collectively our cities represent the vast majority of the population of Phoenix’s West Valley.

“Our communities desperately need this economic development and employment opportunities which the Nation’s casino and resort project bring to our area. In Glendale alone, nearly 80,000 of the nearly 90,000 workers who live in Glendale must leave the city for their employment. In other words, 88% of the wage earners who live in our community must travel elsewhere to work. Obviously, this job situation is a significant problem in our community. In the next twenty years 65% of the growth of the Phoenix Metropolitan area will occur in the West Valley.

“Existing casinos in the Phoenix area are over whelmingly concentrated in the East Valley and the West Valley Resort will be over twenty miles away from the nearest of these existing casinos. There is no doubt that these successful facilities will continue to prosper.

“When I was first elected to council in 2012, I knew we had to do our homework on a project like this. I was stunned to learn that the prior Glendale administration had failed to make any effort to learn more about this proposal before it rushed to oppose it. It was time to make decisions based on the facts. At the direction of my colleagues, Councilman Chavira, whose district borders the Nation’s reservation, Councilman Ian Hugh, Councilwoman Norma Alvarez and myself, city staff spent months carefully examining every aspect of the Nation’s proposed development.

“A minority of Glendale City Council including Mayor Weiers continue to maintain that there’s no opposition to this project. But as President Reagan once said, ‘facts are stubborn things.’ Facts show that we have been misled, not by the Nation, but by the interests seeking to protect their overwhelming casino market share. Based on this misinformation the city clearly on rebuffed the Nation’s efforts to forge a mutually beneficial relationship.

“I am glad that now the city has opened a new chapter with the Nation and has entered into an agreement that will bring thousands of jobs and millions of dollars of direct benefits to the city. Today the City of Glendale and the Tohono O’odham Nation are bound by ties of friendship. I recently had the honor of participating in a historic ground breaking ceremony with Chairman Norris, members of the legislative council, local and business leaders and hundreds of supporters. Construction of the project is now underway. This facility will be located next to our vibrant sports and entertainment district, an area that is represented by Councilman Chavira. We have talked to many business leaders in this area including leaders of two professional sports teams and major hospitality developments and they all support this West Valley project.

“I am sorry to report to the committee that despite these benefits and the unequivocal support of Glendale residents who in poll after poll expressed overwhelming support for this West Valley Resort the East Valley casino interests are again trying to interfere. Over the last several days these casino interests have been using paid signature gatherers to mislead Glendale residents into signing a petition to challenge the city’s agreement with the Nation. As been widely reported to the press these paid signature gatherers have been caught on tape lying to Glendale voters suggesting that the petitions are in favor of the West Valley Resort. Thankfully, even Mayor Weiers has acknowledged that this dishonest publicity stunt will not in any way affect the city’s agreement. I share the sentiments of a long time Glendale business owner who told me this bill is more properly titled ‘keeping the profits after 2014.’

“For the broadest reasons the city respectfully urges that the federal government should not interfere in our efforts to improve the lives of our citizens. Do not destroy this valuable partnership between the Tohono O’odham Nation and our community.

“Umm, Senator McCain, you did bring up a point, umm, about what this would do to other Phoenix area casinos. Again, a good share of the growth in the Valley of the Sun is gonna take place in the West Valley over the next twenty years and currently there are, of the seven casinos that are considered in the Phoenix Metro area six of ‘em are in the far East Valley with the one being a little over twenty miles away. So I really don’t think that’s gonna be a concern.

“Thank you for this opportunity to testify in this matter. I, and Councilman Chavira, will be pleased to answer any questions that you may have.”

Chairman Tester: “Thank you Councilman Sherwood. Ah, Chairman Norris.”

Chairman Norris: “Chairman Tester, Senator McCain, and honorable members of the committee, Good Afternoon. This is now the fourth time that I’ve had, that I’ve come before Congress to testify about this legislation.  If enacted it would commit a profound injustice against the Tohono O’odham Nation and set a terrible precedent for Indian country.

“Although I do very much appreciate the opportunity to provide our views on this bill the Nation is profoundly disappointed that Congress continues to entertain the cynically named Keep the Promise Act. This legislation shows no respect for the clear terms of the 1986 settlement agreement between the Nation and the United States; no respect for the contractual agreement between the Nation and the state of Arizona in our 2003 gaming compact; no respect for the federal court and the administrative agencies which in sixteen decisions have reviewed the settlement, the compact, the law and found in favor of the Nation; and no respect for the United States’ trust responsibility to the Tohono O’odham Nation.  

“At the heart of this matter, as I have testified previously, is the fact that the Corps of Engineers destroyed nearly 10,000 acres of the Nation’s Gila Bend Reservation in Maricopa County. In 1986 Congress enacted the Gila Bend Indian Reservation Lands Replacement Act to compensate the Nation for the loss of its land and valuable water rights. An important part of this settlement is the right to acquire replacement land that has the same legal status as the destroyed land. Most of our reservation land is located in remote, isolated areas and our population is one of the poorest in the United States with average, individual incomes just over $8,000. As Congress clearly provided in 1986 the Nation will develop its replacement reservation land to generate revenue for public services and employment for our people.

“ In deciding to use our land for gaming we relied on the plain language of the Gila Bend Act which promises that we can use our replacement land as a federal reservation for all purposes; the Indian Regulatory Gaming Act which explicitly allows settlement lands to be used for gaming and our tribal state gaming which the state and all Arizona gaming tribes negotiated and signed and which explicitly allows gaming on new lands consistent with the requirements of IGRA.

“The Nation has had it with the constant misinformation and rhetoric about the backroom deals and secret plans. These arguments have been litigated and rejected by the courts. Here are the facts. Not only is the Gila Bend Act a public law that was the subject of extensive hearings in the 1980s. This land acquisition authority was explicitly preserved in the 2004 Arizona Water Settlements Act by which Gila River Indian Community secured its enormously valuable water rights settlement. Further not only does the tribal state compact clearly allow the Nation to game on its settlement land in Maricopa County it also explicitly prohibits outside agreements which would change the compact terms. Our sister tribes have long benefitted from the advice of numerous experienced attorneys. The idea that these tribes had no understanding of the Nation’s rights under the plain language of the Gila Bend Act, IGRA and the tribal state compact is, as the United States courts declared, entirely unreasonable.

“The Gila River Indian Community, the Salt River Indian Community and the Tohono O’odham Nation are relatives and friends and our shared history is vitally important to the Nation but these tribes continued assaults has taken a toll and we ask these tribes to carefully consider the damage their efforts are causing both in Arizona and in Indian country, generally.

“Honorable members of the committee, the Nation respectfully urges that you put an end to this misguided, cynical legislation. Embrace the promises made by the United States and the Indian Water Rights Settlement. It unilaterally amends the negotiated terms of federally approved tribal state gaming compact. Most of all it is a return to a dishonorable era of federal Indian policy and will leave a black mark on this committee and this Congress’ legacy. Thank you. I would be pleased to answer any questions the committee may have.”

Chairman Tester: “Thank you, Chairman Norris, for your testimony. Thank you all for your testimonies. Senator McCain.”

© Joyce Clark, 2014

FAIR USE NOTICE

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

photo aOn September 12, 2014 two political action committees, No More Bad Deals for Glendale and Respect the Promise turned in approximately 15,000 petition signatures collected in 28 days for each of two referendum petitions. These petitions seek to overturn the city council votes of August 12, 2014 approving a settlement agreement with the Tohono O’odham and supporting the TO’s reservation status by requesting an election.

The approximately 15,000 petition signatures turned in is greater than the 10,914 Glendale citizens who exercised their right to vote in the recent Primary Election. That’s disconcerting. You would think that the number of petition signatures collected would send a strong message to this city council that Glendale residents want to weigh in on this issue by virtue of an election.

The Glendale City Clerk has 20 business days to do something, anything with the petitions before she turns them over to the Secretary of State. She is not an independent agent. She will be told what to do. Now it gets interesting. Wanna-be mayor, Councilmember Gary Sherwood was in attendance for the delivery of the petitions to the City Clerk. He could be heard muttering, the council votes of August 12th are not referable and these petitions are no more than toilet paper. You can be sure the “gang of four” (Sherwood, Alvarez, Hugh and Chavira) as the majority on council will give direction to the City Manager and City Attorney to reject these petitions. The City Attorney and his minions are burning the midnight oil to find Arizona case law that supports the city’s act of rejection. What does “not referable” mean? The city will take the position that the council votes were not legislation per se. Therefore the petitions which seek to refer those council actions to Glendale residents are not valid and thereby rejected by the city. Their position will be that those council votes were not legislative action and only legislation can be referred to the voters.

Make no mistake. Both groups, No More Bad Deals for Glendale and Respect the Promise are prepared to go to the legal mat on this issue of referability. If and when the city rejects the petitions on those grounds expect both groups to file suit. Isn’t it ironic that Alvarez and her merry band of pro casino councilmembers have complained bitterly about the money spent by the city on legal action when its position was in opposition to the casino and reservation? Will they decide not to spend money to defend the city’s position of petition rejection now that the city supports the casino and reservation? I guess the spending of taxpayer money on legal action depends on whose ox is being gored.

Alvarez, nearly every time she casts a “no” vote on a major city issue, can be heard pontificating that it is an issue upon which Glendale residents should vote. This time she has been amazingly silent in advocating that view when it comes to the casino and reservation. What, Norma, when it’s an issue you personally do not like it merits a vote of the people but when it is an issue that you do like, forget the people?

For those of you following this saga, this Wednesday, September 17, 2014 at 2:30 PM, Eastern time (11:30 AM in Arizona) the U.S. Senate Committee on Indian Affairs will hold a legislative hearing on Senate Bill 2670, Keep the Promise Act of 2014, introduced by Senators John McCain and Jeff Flake. Here is the link to the site where it can be viewed live, online:  http://www.indian.senate.gov/hearing/legislative-hearing-s-2670-keep-promise-act-2014 . If this link doesn’t work please copy and paste the link into your browser.

It appears that the bill could be marked up and passed out of committee for a full Senate vote. If that is the case and the bill is approved in the Senate there would be a House and Senate Conference Committee meeting to make sure the House version and Senate version of the bill are in agreement. It would then go to the President to sign or veto. If the bill were to be successful the Tohono O’odham, despite their ground breaking, would not be able to build a casino in Glendale or any other portion of the Phoenix Metro area.

On another note, to date the Attorney General’s Office is still investigating the alleged Open Meeting Law violation by Councilmembers Sherwood, Knaack, Martinez and Chavira. If the complaint had no merit we would have received that opinion by now. The fact that it is taking so long would lead one to assume that there is merit to the allegations. If that turns out to be the case, look for some kind of major sanction against Councilmember Sherwood and perhaps a minor sanction for the three others. I wouldn’t be surprised if the AG’s Office required another vote on the original IceArizona/City of Glendale Management Agreement. This, too, could prove interesting dependent upon which candidates win council seats at the General Election in November.

It looks like Councilmember Hugh has met with Lauren Tomachoff and Bart Turner. Tolmachoff is a candidate for the Cholla district seat and Turner is a candidate for the Barrel district seat. It seems Councilmember Hugh is busy trying to build his own coalition. It appears that he fancies a run against current Mayor Jerry Weiers. Hey, Jerry, watch out! It looks like they are starting to line up for a run against you…Sherwood and now, Ian Hugh. It wouldn’t be too surprising to see Councilmember Knaack (retiring in January, 2015) decide on a run for mayor. Being part of a clearly dysfunctional council is no fun but perhaps becoming mayor is.

A lot is riding on this Attorney General Office’s investigation. It could kill any mayoral ambitions of both Sherwood and Knaack. It’s rather difficult to win the support of the Glendale electorate if you have been found to have violated the law. Just when you thought Glendale’s problems were cooling down, they’ve heated up again. As President Truman once said, “If you can’t stand the heat, get out of the kitchen.” I wonder if the Glendale city council loves the kitchen heat now.

© Joyce Clark, 2014

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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.

NOMOREBADDEALS-talkingpoints_Page_1Today, Friday, September 12, 2014 at 1 PM two Political Action Committees (PACs), NO MORE BAD DEALS FOR GLENDALE and RESPECT THE PROMISE, chaired by local resident Gary Hirsch, will turn in to the Glendale City Clerk approximately 15,000 signatures in opposition to the Glendale City Council’s recent votes regarding the Tohono O’odham (TO) casino. The minimum number of signatures required by law on each measure is 6,956 and the PACs have far surpassed that number by almost double. Expect the city to fight them with every fiber of its being by declaring the council votes to be “administrative actions” not subject to referral to the voters. Expect after that to see the issue wind up in the courts. On August 12, 2014 at its regular city council meeting the council approved two actions related to the Tohono O’odham.  Agenda item 36 by council’s majority vote (Alvarez, Sherwood, Hugh and Chavira) approved a settlement (read contract) with the TO. The settlement terms are embarrassing. The deal is so bad it’s as if the council had accepted a dollar from the TO and called it good. One of the petitions being submitted this afternoon is for the purpose of bringing the settlement before Glendale voters to accept or reject. In agenda item 37 the city council voted in the affirmative to support the creation of an Indian reservation. This action is the cherry on top of the cake for the TO. They need Glendale’s support desperately to show the Feds that the host city within which the reservation is located is in favor of their action. The second petition seeks to bring before the Glendale voters the majority vote of council (Alvarez, Sherwood, Hugh and Chavira) that supports a reservation within Glendale’s boundaries. All of these council votes are for the benefit of a Tribe that:

  • Violated a 2000 agreement signed by 16 state Tribal leaders, including the Tohono O’odham, vowing “to strive for a good-faith cooperative relationship between and among themselves.”
  • Created a corporation  in 2000 chartered by the TO actively seeking land in the Phoenix Metro area for the “possibility of doing a casino” prior to the 2002 statewide vote on the Gaming Compact.
  • Looked it sister Tribal leaders in the face and lied to them.
  • Actively promoted and financially contributed to the campaign in support of Proposition 202, the Tribal Gaming Compact, promising voters that there would be no new casinos in the Phoenix Metro area.
  • Actively participated in the election campaigns of sitting councilmembers who voted for these agenda items through the TO’s independent expenditures for campaign mailers in support of these council persons. Expect them to do the same in this election cycle. These four elected officials owe the TO and they know it.

These majority council votes by Alvarez, Sherwood, Hugh and Chavira stink to high heaven. Were these four elected officials acting in the best interests of Glendale? You can decide for yourselves but I think not. If and when these council votes come before you, the voter, you will have an opportunity to reject these council votes and send a strong message to these councilmembers that “back door” deals will not be tolerated. There are still actions that have not been settled…legal decisions not yet rendered and legislation introduced by Senators McCain and Flake awaiting a full Senate vote up or down. The Tohono O’odham are making a million dollar bet that nothing will stop them. They could end up losing that bet. Remember, it’s not over until the fat lady sings and she hasn’t sung…yet. © Joyce Clark, 2014 FAIR USE NOTICE This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

On August 28, 2014 the Tohono O’odham broke ground for their casino WITHIN Glendale. I love the way some people not only rewrite history but change geographical boundaries. All of the expected players were there…members of the Nation, Tohono O’odham vendors and contractors (and wanna bes) on the project, a few West Valley elected officials, and of course the infamous 4 Glendale Councilmember supporters – Alvarez, Hugh, Sherwood and Chavira. There was a by-invitation-only gathering at the Renaissance Hotel prior to the ground breaking and only the most ardent were invited.

Norma was positively giddy during the entire event and proudly strutted around with her ceremonial walking stick. Sherwood was there acting in his capacity as pseudo-mayor of Glendale. Hugh and Chavira were…just there. From reports of a few who attended, it was a sight to behold.

But…hold on a minute. Isn’t there still legal action not yet decided? Doesn’t the Tohono O’odham still have to get gaming permits from the Bureau of Indian Affairs and the Department of the Interior? Isn’t there a bill introduced by Senators McCain and Flake yet to be approved or denied by the Senate? Yes…to all.

Even Councilmember Martinez’ reading of a letter at the last council meeting in opposition to the casino penned by former Glendale Mayor Elaine Scruggs held no sway with anyone…then or now.  

The Tohono O’odham are making a bet that nothing stands in their way to stop their project. What more could one expect from a casino operator who relies on your losing bets every single day? That’s chutzpah.

© Joyce Clark, 2014

FAIR USE NOTICE

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

Anon Ltr to Fischer

Anonymous letter to City Manager Fischer and City Council

Do you save stuff? I do. I save comments on timely issues, photos of ideas that someday I may be able to accomplish…all kinds of stuff. Lately the cleaning bug hit and I have been tackling a stack of “stuff.”

I ran across this letter. It was sent in December, 2013 to City Manager Brenda Fischer, the Arizona Attorney General’s Office, the Glendale City Council, the Arizona Republic and the Glendale Star. I received it in January, 2014. Unfortunately, it ended up in my stack of “stuff” where it has resided until today. I always meant to post it but obviously it disappeared into a morass of papers, never to see the light of day, until now.

It was sent anonymously. When there is a complaint from an unnamed source no agency will address the complaint.  Hence there would be no action and no follow-up taken regarding its contents. It is obviously written by current employees. I understand their fear and their reluctance to come forward and be identified for their very jobs would be on the line. They appear to have a lot of “inside baseball” information. It’s a shame that they did not provide any proof of their allegations. This blog has repeatedly shared that Ms. Frisoni was part of former City Manager Ed Beasley’s inner circle. One of the councilmembers (I no longer remember who) had publicly called out Councilmember Sherwood’s unseemly advocacy of Mr. Fischer’s candidacy during the council’s hiring process. I had been aware for years that Beasley held rehearsals of council meetings with staff taking the roles of various councilmembers. I was always curious as to who they used to play me. There appears to be a lot of “meat on the bones” of their allegations. Too bad there’s no concrete proof to substantiate them. They do make an interesting point and that is, Ms. Fischer encouraged employees to be anonymous and take their concerns to the media or the AG’s office, knowing full well that as anonymous complaints they would go nowhere. Mmmm…

Here is the text of their letter verbatim:

“Dear Ms. Fischer:

“As long time Glendale employees, we had high hopes when you were hired. We had hoped that the years of paranoia, suspicion and fear from the city manager’s office was over. It was not long after you started that we realized the reign would continue with a new face and some old ones. Your move to evaluate (sic) Julie Frisoni to acting assistant city manager was the start. You had to know that Julie Frisoni was one of Ed Beasley’s most trusted and loyal cohorts. How else would someone of her inadequate experience and limited education ever get hired. She was in on every deceptive move Ed every (sic) made. She sat in on every council meeting rehearsal, including those that are the focus of the recent audit. She knew everything!

“It wasn’t until we started to pull the pieces of the puzzle together that we uncovered why you will soon be making Julie your permanent assistant city manager. So we are accepting your offer to ‘go around management’, ‘go to the Attorney General’s Office anonymously’, or ‘anonymously informing the media, to put some public pressure’ on an issue.

“We know Councilmember Gary Sherwood met with you privately during your hiring process, which is a clear violation of common Human Resources practices. We know he was reprimanded by the city attorney’s office for secretly talking with you and advancing your application through the process. We know he put you in touch with Ms. Frisoni, who was a major, yet stealthy, player in his council election. We know the reason you promoted Ms. Frisoni was because Councilmember Sherwood asked you in exchange for his help in getting you hired. We know she is your closest confidant because Gary Sherwood surreptitiously used her to feed you information during your hiring process. We know her promotion is a ‘payback’ for insider information during your hiring. We know Ms. Frisoni was aware of and involved in Ed Beasley’s directives that led to the trust fund transfers. We know Ms. Frisoni was involved in the secret council meeting rehearsals with staff in which she used her media background to coach staff how to avoid answering questions from the mayor and council.  We know the reason the Arizona Cardinals and the Super Bowl Host committee are penalizing Glendale is because they refuse to work with Ms. Frisoni because of the years Ed Beasley, Craig Tindall and Julie undermined the city’s relationship with the team. We know Ms. Frisoni could have helped those that the audit focused on but because she was not in the spotlight she cowardly choose (sic) to protect her own skin which simply shows the type of person she has become. We know Ms. Frisoni and media relations team spent years misleading the media, including the Glendale Star and the Arizona Republic. We know Bill Toops repeatedly complained about Ms. Frisoni’s inability and unwillingness to release information through the public records process. We know Ed Beasley and Julie Frisoni helped to cover for Alma Carmichael as she ‘telecommuted’ from Mississippi and Art Lynch as he bleed (sic) the city for his own personal benefit. We know Julie Frisoni mislead former Mayor Elaine Scruggs and former and current councilmembers to cover for Ed Beasley’s crimes. We also know this letter will not deter you from promoting Julie Frisoni but perhaps it will make you wonder how someone with Julie’s immoral history will ever help you to become an effective city manager with Glendale employees, businesses and residents.

“We don’t know, but do hope, that both the Arizona Republic and the Glendale Star will print this letter because you asked Glendale employees to come forward anonymously and that is what we are doing.

“Ms. Fischer, we are dedicated employees who can’t afford to take your suggestion to resign if we don’t like it in Glendale so we have elected to follow your advice and make our voices heard to the media, the Attorney General’s Office and the Glendale City Council.

“We had high hopes for a new administration, but with Julie Frisoni as your side, it’s simply more of the same fear mongering, backstabbing, council destabilizing and anxiety riddled days that we have known for so long and learned in which to survive.

“Signed,

“Anonymous (as requested by you)

“CC: Arizona Attorney General’s Office, Glendale City Council, The Arizona Republic, The Glendale Star”

I don’t know if I would have expected the media to print an anonymous letter but aren’t you curious why, 8 months later, the media has not investigated any of these allegations? My apology to “Anonymous” for not blogging on this sooner…much, much sooner. My only advice would be to put “some meat on those bones.”

© Joyce Clark, 2014

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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.

I votedThis Tuesday, August 26, 2014 voters will go to the polls and vote for the candidates of their choice. If you don’t vote then you are part of the problem and have lost the right to complain about your representative. Glendale’s three district elections are quite important and could determine Glendale’s future for many years to come.

Let’s focus on the Ocotillo district for a moment. Choices are current Councilmember Norma Alvarez; a more polished and slicker version of Alvarez, Jamie Aldama; Michael Hernandez, nearly invisible; and Bud Zomok.

On August 13, 2014 I received a voice message from Councilmember Alvarez. In the space of 62 seconds she managed to call me a liar three times, reminded me I am only an ex-councilmember and then invited me to a verbal duel, of sorts. She suggested we meet and bring “seconds” as witnesses or perhaps the purpose of the “second” would be to drag one of our mangled bodies off the field of verbal combat. As I have said before, one of my favorite sayings is, I refuse to have a battle of wits with an unarmed person.

Ocotillo residents need a strong, sane voice of reasonable representation. Two candidates, Alvarez and Aldama, seem to have their own agendas that are often not in sync with ALL of the residents of the Ocotillo district. For that reason and many more, I urge Ocotillo voters to select Bud Zomok.

Please note there are two picks for the Cholla district and the Sahuaro district. As stated previously, with so many candidates in each district, it is not anticipated that any candidate will capture 50% plus 1 in the Primary Election this Tuesday. This blog’s picks for the three districts are as follows:

Cholla District

  • Van DiCarlo
  • Lauren Tolmachoff

Barrel District

  • Randy Miller
  • Bart Turner

Ocotillo District

  • Bud Zomok

Good luck to all of the candidates who put themselves before the public.

© Joyce Clark, 2014

FAIR USE NOTICE

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

On August 14, 2014 two referendum petition packets were taken out for the purpose of obtaining Glendale residents’ signatures. If successful, the two actions taken by the Glendale City Council at its meeting on August 12, 2014 will be decided in an election by the people…as it should be. Glendale’s City Attorney, Michael Bailey, said publicly that neither council vote is referable. In other words, no one can take out a petition to try to overturn the council votes. The Tribal attorneys believe it is referable. When the signed petitions are turned in expect Glendale to reject them. Expect a law suit resulting in yet another judicial decision about Glendale’s ultimate fate.

Here is the text of the first referendum action. It seeks to overturn the council’s vote welcoming a reservation and casino within Glendale: “The Tohono O’Odham casino, targeted for a Glendale neighborhood near homes, schools, daycares and houses of worship, will destroy neighborhoods and create severe budget stress for the nearly bankrupt City, overburdening Glendale’s public safety, street and infrastructure. This petition seeks to refer the August 12, 2014 Glendale City Council vote to agree to the creation of a 121-acre Indian reservation at 91st and Northern avenues. A “no” vote on this referral will overturn the Council’s decision to support a reservation and a casino and respect the NO casino promise, protecting City residents and the Glendale’s budget and core services.”

The second referendum petition seeks to overturn the council approved agreement between the City of Glendale and the Tohono O’odham: “The Tohono O’Odham casino, targeted for a Glendale neighborhood near homes, schools, daycares and house of worship, will destroy neighborhoods and create severe budget stress for the nearly bankrupt City, overburdening Glendale’s public safety, streets and infrastructure. This petition seeks to refer the August 12, 2014 Glendale City Council vote to sign a settlement agreement with the Tohono O’odham Nation in support of the Tribe’s neighborhood casino. A “no” vote on this referral will overturn the Council’s pro-casino decision and respect the NO casino promise, protecting City residents and the Glendale’s budget and core services.”

The pro casino people have already begun their campaign of ridicule and denigration of the referendum petition effort saying, “it’s all about money…the other Tribes do not want the competition of another casino.” Of course it’s about the money. Everyone has their hand in the money pot…the Tohono O’odham, the City of Glendale and the other Tribes.

To accept that their referendum effort is ONLY about “the money” is simplistic, self-serving and makes for great PR but misses the mark. There is a greater imperative for the Gila River Indian Community, the Salt River-Pima-Maricopa Indian Community and all of the Tribes across the state supporting efforts of these two lead Tribes.

As President of the Salt River-Pima-Maricopa Indian Community, Diane Enos, said, “They looked us in the face and lied.”  She is referring to the Tohono O’odham, a member of the coalition of Tribes that negotiated the gaming compact with the state. The TO actively and publicly worked to get voters of the state to approve the compact while deliberately keeping from its Sister Tribes its ultimate plan to put a casino in the Phoenix Metro Area. In fact, it contributed a great deal of money to publicize and to advance the compact with the state’s voters.

The Tohono O’odham lied to its Sister Tribes. It betrayed them. Why? For the money. The Tohono O’odham lied to the State and to every voter who approved the gaming compact. Why? For the money. But somehow for the pro casino supporters that’s supposed to be OK?

Why is the TO’s action simply ignored by the pro casino supporters? For the money.  For all of the Tribes throughout Arizona it is a matter of honor, respect and trust…all of which the TO deliberately chose to betray. That is the real reason the Tribes are driven to oppose the Tohono O’odham’s plans.

If an opportunity to vote on the Tohono O’odham’s casino plans do make it to a Glendale ballot that is what the voters of Glendale should remember. “They looked us in the face and lied.”

© Joyce Clark, 2014

FAIR USE NOTICE

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