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Joyce Clark Unfiltered

For "the rest of the story"

It has been 18 years and 111 days since the city’s pledge to build the West Branch Library.

Many of us have heard of the federal Hatch Act. Broadly it prohibits local governmental employees from participating in local election activities. But since it’s a federal act who is covered and who is not?

“The Hatch Act applies to any city employee  ‘whose principal employment is in connection with an activity which is financed in whole or in part by loans or grants made by the United States or a Federal agency…’  5 U.S.C.A. § 1501(4) (emphasis added).  The number of city employees covered has expanded drastically over the years, due to numerous federal grants and loans made to local governments.  Employees of any police or fire department receiving grants and/or loans from the Department of Homeland Security, the Department of Justice, or any other federal agency are subject to the limitations imposed by the Hatch Act.  Also covered are employees of any city department that participates in activities that are funded, in whole or in part, by any federal loans or grants, even if those funds were received from a state agency.” 

Examples of local governmental employees who are commonly covered by the Hatch Act include:

  • city clerks  (including deputy clerks and possibly city recorders)
  • employees of housing authorities
  • officers and employees of development and transportation authorities
  • emergency services employees
  • firefighters and police officers.”

Please note that the Hatch Act specifically identifies firefighters and police officers. Why? Because their departments typically accept numerous federal grants. It is a fact that both Glendale and Phoenix fire departments have accepted federal grants for emergency preparedness. Therefore those department’s employees are covered by the Hatch Act. Both Glendale and Phoenix police departments have accepted federal grants for the hiring of additional police officers. Therefore those department’s employees are also covered by the Hatch Act.

A “covered employee” may not use his or her official authority or influence to interfere with or affect the result of an election.  For example:    

  • May not use his or her official title or position while engaged in political activity  
  • May not host a political fundraiser    
  • May not invite others to a political fundraiser    
  • May not sell tickets to a political fundraiser
  • May not use any e-mail account or social media to distribute, send, or forward content that solicits political contributions 

That brings us to a very interesting set of observations leading to questions.

Phoenix Councilmember Danny Valenzuela is a city of Glendale firefighter and is a covered employee under the Hatch Act. Glendale firefighter Danny Valenzuela co-hosted a fundraiser for Glendale mayoral candidate Mark Burdick.

Glendale Councilmember Sammy Chavira is a Phoenix firefighter and was also a co-host of the same event.

The political fundraiser that both co-hosted was held on Tuesday, March 22, 2016 from 5:30 PM to 7:30 PM at the Phoenix home of Sal Rivera.  Suggested contributions ranged from $500 for a “Contributor” to $50 for a “Guest.”

Fact 1: The Hatch Act defines “covered employees” on the local level as those whose departments receive federal loans and grants and/or state agency loans or grants.

Fact 2: Both fire departments of the city of Glendale and the city of Phoenix have received numerous federal loans and grants.

Fact 3: Glendale firefighter Danny Valenzuela is a covered employee.

Fact 4: Phoenix firefighter Sammy Chavira is a covered employee.

Fact 5: Danny Valenzuela co-hosted a political fundraiser for Glendale mayoral candidate Mark Burdick.

Fact 6: Sammy Chavira co-hosted a political fundraiser for Glendale mayoral candidate Mark Burdick.

Therefore it is alleged that Valenzuela and Chavira are in violation of the Hatch Act.

It is the responsibility of the Glendale City Attorney and the Phoenix City Attorney to investigate and to corroborate these facts for the purpose of recommending disciplinary action. That action can range from a fine to termination of employment.

Neither of these men can hide behind the cover of their elected office as councilmembers. Their primary jobs have been as firefighters for many, many years long before they were elected to political office. Their elected positions are secondary occupations. Hopefully the voters will come to realize what an untenable position these men hold. If they want to be politicians, fine, but they should quit or retire as active city employees.

It is now up to the Glendale and Phoenix city attorneys to issue opinions regarding these alleged violations of the Hatch Act. Let us hope they do not whitewash these allegations in favor of their political bosses for councilmembers hire and fire City Attorneys. It is one of several positions, such as the City Manager, that are the direct hires of a city council. If these firefighters, covered employees, are found to be allowed to participate in local elections, it sets precedent for all city employees covered by the Hatch Act.

As for Sammy, it’s just another lapse in a long line of questionable ethical decisions he has made. Add it to the $25,000 of taxpayer money he spent on “fun” trips; the council meetings he has missed; and his lack of outreach to the people of the district he is supposed to represent.

It appears that both of these men are in violation of the Hatch Act but then again, I’m not a city attorney and certainly not well versed in the art of spinning a situation to make it go away for my boss. Whatever the determination it deserves a public announcement.

More questions about the Hatch Act and fire unions to come…

© Joyce Clark, 2016

FAIR USE NOTICE

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

It has been 18 years and 110 days since the city’s pledge to build the West Branch Library.

The Glendale city council workshop of April 5, 2016 had 3 major issues up for discussion and direction by city council: the temporary West Branch Library; the pavement management program; and an introduction to the proposed new city owned arena manager.

Since I brought up parking for Heroes Park in my blog of April 5, 2016 entitled Glendale…fix the parking problem you created, it was definitely a topic of discussion. Erik Strunk, Director of Parks and Libraries, stated that they are working on temporary parking. He did not address the issue of Park Rangers sending people to park in adjacent neighborhoods or the safety issue of people crossing Bethany Home Road or 83rd Avenue to get to the park.

The final direction of the city council was to move forward with a temporary, 7500 square foot modular building. This action, of course, removes all impetus to ever build a permanent library structure. So, we in west Glendale, once again, get less — a 7500 SF modular structure half the size of Velma Teague Library in downtown Glendale.

The second item for discussion and direction was the city’s pavement management program. Currently the city spends $10 million annually to repair and maintain the city’s streets. Staff requested an additional $5 million a year. Ms. Vicki Rios, Interim Finance Director, presented a series of slides during the discussion. I bring two of those slides to your attention. This first one shows the city’s current debt service. The red, dotted line is the city’s secondary property tax revenue that is used to pay this form of debt. Please note that as of this year’s (FY 16-17) budget there is new debt capacity available…perhaps to build the west branch library? The new debt capacity is the difference between the red, dotted line and the sold green block depicting debt payments.

Current General Obligation debt

Current General
Obligation debt

Not so fast. Look at this second slide. It depicts current debt plus new, proposed debt.

Current debt plus new debt

Current debt
plus new debt

Note the Series 2016 debt depicted by the brownish square in the legend. That Series 16 debt is the $32 million the city is issuing next week to pay for the land and to construct parking on it to satisfy the city’s obligation to provide adequate parking for Cardinals’ football games. The orange, olive and blue areas above the brownish parking debt represent $5 million dollars a year in new debt for the pavement management plan. Note the red, dotted line which are funds used to pay the debt. Now there is no debt capacity available until Fiscal Year 21-22. With council’s approval of two items: the issuance of $32 million in debt for Cardinals’ parking and the $5million a year ($15 million total) for the pavement management plan there is no debt capacity to do anything else including building a permanent west branch library. The significance of these decisions is that there will be no debt capacity to build a west branch library for SIX more years until Fiscal Year 21-22. We will have waited for the west branch library for 25 years. There is no word to describe this situation other than disgraceful.

The last item was a public introduction of AEG as the proposed new manager of the city owned Gila River Arena. There was no mention of the Coyotes who continue to declare that they will move to some magical, undefined new facility somewhere else in the Valley. The reality is that AEG, as arena manager, the Coyotes and the city will have to come to terms in the meantime. I continue to believe if the Coyotes and AEG can come to agreement for a few years, why not long-term?

Under council requests for future workshops only one councilmember spoke, Sammy Chavira. He requested that the city present its travel policy and compare it to other Valley cities. What was more interesting is that Sammy, largely invisible these days, was cornered by an Arizona Republic reporter and questioned about his trips. Sammy’s only response was, “I want to stick to the policy to find out from now on – so next time, if you look at your policy, if you see anything, that you know that’s what we’re adhering to. What I want to do is I want to put something in concrete.” Say what? What did he say? Here is the link to the full story in the Arizona Republic: http://www.azcentral.com/story/news/local/glendale/2016/04/06/glendale-councilman-sammy-chavira-requests-review-travel-policy-after-council-trip/82631826/ .

I can see it now. Sammy’s defense is that he followed city policy. OK, so now it’s the city’s fault? Where is Sammy’s ethical and moral compass? In essence he is admitting that he took advantage of a policy. It’s the same as if there were a policy that said, thou shall not steal. Since the policy is so vague an argument could be there is no definition of the word “steal.” Sammy is playing word games but they won’t work this time. He is accountable for his actions. He should voluntarily reimburse the city for the nearly $25,000 he spent for trips to see the Pope, his buddy sworn into Congress, his excessive baggage claims and rebooked flights, and his two highly suspicious trips to California. Don’t hold your breath on this one.

© Joyce Clark, 2016

FAIR USE NOTICE

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

It has been 18 years and 109 days since the city’s pledge to build the West Branch Library.

HeroesParkbutton

Prior to the first Cardinals football game held at the University of Phoenix stadium as your Yucca district councilmember I insisted that senior management create a “Neighborhood Protection Plan” for neighborhoods adjacent to the stadium. I, and the residents, worried about game day parking on neighborhood streets and cut through traffic to get to or to leave the stadium. Such a plan was created and implemented. Many of you in adjacent neighborhoods may remember the Resident Placards distributed to every household adjacent to the stadium. After years of attendance most of the fans have been trained and do not park in neighborhoods or cut through them anymore. Barricades at the entrance to adjacent neighborhoods are still used on game days just to remind fans to park elsewhere.

This time the city has created its own parking mess, not adjacent to the stadium but rather in neighborhoods adjacent to Heroes Park, located at the northeast corner of 83rd Avenue and Bethany Home Road.

Despite the lack of amenities at the park for there are only a few basketball courts, a splash pad, a tot lot and ramadas, the park is still heavily used and loved, especially on weekends. So, what’s the problem?

There are not enough parking spaces at the park. As a result, people park in the dirt along the periphery of the park, especially along 83rd Avenue.

The city, in its wisdom, decided this would never do. Instead of creating more parking spaces, direction was given to park rangers to tell people that such parking was prohibited and they would have to move their vehicles or suffer their vehicle being towed away.

Where did the park rangers tell people to park? They told people to park in an adjacent neighborhood on the south side of Bethany Home Road. Last weekend over 75 vehicles parked in that neighborhood. There were so many cars that neighbors came out of their homes to see what was going on while seeking an explanation for all of the cars lining their streets.

To make matters worse, the city has created a major safety issue. Park visitors often with children in tow, having parked in the neighborhood, now have to cross a major arterial street, Bethany Home Road, to get to the park. Bethany Home Road has a lot of traffic at all times of

Street identification signs

Street identification signs

day and night. Vehicles traveling eastward approach the pedestrian crossing area from a hill with a curve providing no sight line to see pedestrians. There is no signage, no crosswalk, and no markings for vehicular traffic warning of heavy pedestrian crossings. Quite frankly, it is just a matter of time before a pedestrian is injured or killed trying to cross Bethany Home Road to get to the park.

What was the city thinking? The city has a policy that does not allow Cardinals game day parking in adjacent neighborhoods yet now is directing park patrons to park in an adjacent neighborhood? Why?

Instead of creating a permanent solution by developing, at the very least, temporary parking

Southwest Heroes Park

Southwest Heroes Park

spaces on 60 acres of unused dirt and weed-filled Heroes park property, it directs park patrons to park in a neighborhood? Is it because, once again, a problem at this park in west Glendale is not a priority? It is ironic that the city could throw $32 million at its Cardinals parking problem but appears to have neither the motivation nor the money to fix a relatively minor parking issue.  Is it a reflection of the city’s reluctance to spend any money on infrastructure improvements in west Glendale? Or was it through sheer incompetence that such a wacky solution was created? If this situation occurred in north Glendale it would last about 30 nanoseconds.

Where is Councilman Chavira? He had been told of the problem by local residents. Why hasn’t he demanded that this parking problem and safety issue be solved? Once again, we have an invisible councilmember who is not listening to his district residents much less advocating for an immediate remedy. Our district deserves better representation than it has received from Sammy Chavira during his term of service. Oh wait, Sammy doesn’t appear to serve his community interests…only his own. Is it because there isn’t any money to be made for Sammy in creating a parking solution?

Glendale…fix the parking problem you created.

© Joyce Clark, 2016

FAIR USE NOTICE

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

It has been 18 years and 105 days since the city’s pledge to build the West Branch Library.

In the March 31, 2016 edition of the Glendale Star there is a Letter to the Editor written by Bob Gonzalo. It was unsolicited and I am grateful for his expression of support for my candidacy as your Yucca district councilmember. Here is the link but I have taken the opportunity to reprint his entire letter:

http://www.glendalestar.com/opinion/article_b401961a-f5f3-11e5-8a1e-d769cdc773b5.html

Bring back a fighter who cares

“The City of Glendale has done extremely well with this city council in correcting the mistakes of Mayor Scruggs and all her cronies. Their spending habits put the city in an untenable situation. However, this next election is extremely important in voting the right people in to continue to improve the character and ethics of the city.

“My suggestions are to vote Sam Chavira out of the council. Every time you look in the newspaper, his character is being questioned. Look at the questions about his expense account. Look at the fact that he was investigated for breaking open meeting laws.

We have no library, no O’Neil pool, Hero’s Park is still not done and what has Chavira done? Voted for millions for the Coyotes. If this is the best the fire unions have to offer, we are in deep, deep trouble.

“I would vote for Joyce Clark, someone from the past, who has never stopped fighting for the Yucca district.

Read her blogs. She is intelligent, well versed in the law and truly cares about her district. She will fight for a library in Yucca, she will help open O’Neil pool, and she will improve our roads. More importantly, she will communicate with her community, unlike Chavira.”

Bob Gonzalo

Mr. Gonzalo is correct in his assessment of the choice facing Yucca district voters. He is correct regarding Sammy’s abuse of your taxpayer dollars and that Sammy was investigated for alleged violations of the open meeting law. Sammy in the past year has been absent quite frequently from city council meetings and workshops. He has also been late to meetings as well. Sammy is the Yucca district’s “invisible man.” His only claim to fame is his vote for a $12 million annual arena management fee payment to IceArizona.

There is a more serious question to consider. Mark Burdick, Glendale’s former Fire Chief, is running for mayor and at the same time Sammy, a fire fighter, is running for council. Ask yourselves, do you really want the Glendale fire union to run this city? Make no mistake. Each of these men has an agenda and that is to move more city money into the Fire Department budget. Unfortunately, the only way it can happen is by taking money away from other city departments.

Mr. Gonzalo is also correct when he states that I will fight for the people of the Yucca district. He is correct when he says I will fight for the reopening of O’Neil Pool, the completion of Heroes Park and the building of a permanent West Branch Library. Glendale’s south and west districts have been ignored, especially by Sammy, for the past four years. I will also restore honesty and integrity to the office of Yucca district councilmember. I can provide the leadership that our district has been without for the past four years. I will be accessible to all. I have never shied away from using my home telephone number as a point of contact for the people of the Yucca district. I was a good councilmember and I intend to be one again.

So, thank you Mr. Gonzalo for your letter of support.

© Joyce Clark, 2016

FAIR USE NOTICE

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

It has been 18 years and 102 days since the city’s pledge to build the West Branch Library.

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HeroesParkbutton

Tom Traw of the Yucca district and Norma Alvarez of the Ocotillo district have joined forces and are calling for Yucca and Ocotillo district residents tired of seeing a dirt and weed filled park. They are calling on all Yucca and Ocotillo residents to go to the next Glendale City Council meeting on Tuesday, April 12,2016 at Glendale City Hall in the Council Chambers. I applaud their effort. I plan to attend that evening.

There is more than one issue to be concerned about but we’ll get to the others later. Let’s talk Heroes Park first. The park is 88 acres and classified as a city regional park. The only other regional parks in Glendale are Thunderbird Park and Sahuaro Ranch Park. They are completed and convenient to those who live in central or north Glendale. The city plan for Heroes Park calls for:

  • A permanent 35,000 SF branch library to serve residents to the south and west of Grand Avenue. The current proposal to place a 7,500 SF modular building to serve as a branch library is a travesty. It will be 1/5 the size of the Foothills Branch Library (35,000 SF) and half the size of Velma Teague Branch Library in Murphy Park (approximately 15,000 SF). It removes the city’s urgent need to fulfill its commitment to build a permanent West Branch Library at Heroes Park.
  • A major recreation and aquatics center similar to Foothills Recreation and Aquatic Center.
  • An urban fishing lake.
  • Ball fields.
  • A dog park

What is in the park now? Several basketball courts (heavily used and loved), a zero depth

Closed X Court

Closed X Court

splash pad, a tot lot with some tables and benches, a closed and abandoned X Court (for inline skating) and ramadas (for rent). That’s it. The balance of 66 acres sits desolate with dirt and tumbleweeds.

This park has been in the city’s plans since approximately 1988, over 18 years. In 1998 this

Southwest Heroes Park

Southwest Heroes Park

park was on the verge of disappearing. The city seriously considered selling the park land to a developer for nearly 500 homes. It took a massive show of citizens objecting to the sale to save this park. Over the years former Mayor Scruggs and the councilmembers who supported her have played games with this park and at her direction, along with a majority of councilmembers in 2006, $6 million for park development was diverted to complete the construction of the Regional Public Safety Training Facility. The most recent threat to this park’s development, prior to the Great Recession, was the city’s plan to build a new City Court House. Any money earmarked for the park would have been diverted to build the court house.

Since the Great Recession a plea to finish this park with its planned amenities has met the continual city mantra of we have no money. Oh really? The city could find $32 million

Northeast Heroes Park

Northeast Heroes Park

instantly to buy the land and to build parking to satisfy the Cardinals. They had to fulfill their contractual obligation to the Cardinals and so the parking will be constructed. Yet they can’t seem to find money to finish this park.

What other issues face the residents of the Yucca and Ocotillo districts? One is O’Neil Park’s swimming pool. Several years ago leaks were discovered and the pool was closed and has been closed ever since. It has disenfranchised over 2,000 children who live in the square mile from Camelback Road to Bethany Home Road, 59th Avenue to 67th Avenue. It has the densest population per square mile of any square mile in the city.  That square mile contains over 1300 homes and is ringed by 10 apartment complexes. Swimming pools per home is one of the lowest in the city. If I remember correctly, there is one residential pool for every 10 homes in that square mile. When we lived in that square mile we had no pool and our family relied heavily on the use of O’Neil pool.

Now the city wants to bulldoze the pool and “repurpose the land.” The city has a solemn obligation to repair or rebuild O’Neil pool. In the Capital Improvement Plan one of the criteria for deciding the merit of a project is the city’s obligation to repair and remediate existing city infrastructure. That is exactly what O’Neil pool is, existing city infrastructure.

The last issue of importance for the Yucca and Ocotillo districts is Jake Long’s (son of deceased John F. Long) request to put over 1,100 homes on the farm land between the Grand Canal Linear Park and Camelback Road, 83rd Avenue to 91st Avenue.  The plan’s housing proposal is too dense and many of the homes are requested to be built on 5,500 square foot lots. The city’s minimum single family lot size is R1-6, 6,000 square feet. Typically lots smaller than 6,000 square feet are reserved for attached homes and not for a single family home. Why would the city accept such a plan? Because it’s Jake Long asking?  Because that’s all that this part of town merits? I fought this fight the entire time I was on council and succeeded many times. For example under my leadership, Rovey Farm Estates’ smallest lots on its west boundary at 91st Avenue are 8,000 square feet and lots on the east boundary on 83rd Avenue are from 1/3 of an acre to an acre. Missouri Ranch has a minimum lot size of 10,000 square feet and sits on the eastern boundary of the proposed Long development project. There are many streets in this area adjacent to the proposed development whose homes are on one acre lots with horse privileges. None of these residents are happy about having small, residential lots adjacent to them.

By now you should be angry and disgusted. I know that I am. These two districts, Yucca and Ocotillo deserve better treatment and a renewed laser-like focus by the city. No longer should we shrug our shoulders. It’s time we spoke out and demanded better. It’s time.

Think about it. Somewhere between 100 and 150 people showed up to oppose the sale of the Foothills Branch Library and they succeeded. An equal number of citizens showed up to protest Becker Billboards’ proposal to erect billboards in north Glendale. They, too, succeeded. A show of force, a show of citizens will cause city council to react.

Please plan to attend the Tuesday, April 12, 2016 meeting of the city council at 6 P.M. Citizen Comments are offered at the beginning of each city council meeting. You do not have to speak unless you wish to do so. Comments are limited to 3 minutes per individual. So take the time to plan your remarks. Others will be there to speak. We need numbers…hundreds of residents to show that we stand behind the speakers to these issues. Please commit an hour or two that night to back up the speakers and to demonstrate to city council that there are a lot of people who want this council to pay attention to and to fulfill commitments made. Please email Tom Traw at ttraw@aol.com or call Norma Alvarez at 623-934-0734 to let them know that you plan to attend and to support your district.

There are strong reasons to show your support:

  • Are you tired of a dirt and weed filled park that has languished for over 18 years?
  • Are your children now adults but when you moved here counted on a park and library for their enjoyment? A park and library that never came. An entire generation of children has grown up without benefit of Heroes Park and its branch library.
  • Are you tired of the city’s neglect of your neighborhood? Whether it’s code enforcement or poor streets or lack of maintenance of city infrastructure?
  • Are you tired of the city’s inaction and failure to fix O’Neal pool?
  • Are you tired of the city’s acceptance of proposed residential projects that do nothing to preserve your property values?
  • Are you tired of the city’s acceptance of proposed dense, residential projects filled with small homes on even smaller lot sizes?
  • Are you tired of the neglect that has become pervasive in the Yucca and Ocotillo districts?
In the shadow of the University of Phoenix Stadium at Heroes Park

Heroes Park. One can see the UofP Stadium in the distance (1 mile away)

Then please join us Tuesday, April 12, 2016, at 6 P.M. at City Hall Council Chambers (at the intersection of 59th Avenue and Grand Avenue) for a show of force. Citizens are advised not to clap or shout during the meeting. The practice has become to raise your hands high when you approve of a speaker’s message. We will not be the silent majority any longer. We will make our presence known and our voices heard. I will be there. Will you?

Glendale City Council meeting

Tuesday, April 12, 2016 at 6 P.M.

Glendale City Hall Council Chambers

                                         At the intersection of Grand Ave. and 59th Ave.

© Joyce Clark, 2016

FAIR USE NOTICE

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

It has been 18 years and 99 days since the city’s pledge to build the West Branch Library.

At the Glendale city council meeting of March 22, 2016 during Council Comments Sammy stated that he will request a review by council of its travel policy. And so the story of his questionable travel expenses lives on. If he thought announcing that he was requesting a review of the policy would put him on the right side of the issue he was wrong. Once someone in the public eye has committed a transgression it lives in the public eye forever. Sammy’s travel expenses are an election issue. They go to the character of the man and to his ability to make sound, ethical judgments.

Paul Giblin of the Arizona Republic has another story on Sammy’s travel out today, March 25, 2016. Here is the link: http://www.azcentral.com/story/news/local/glendale/2016/03/24/glendale-councilman-sammy-chavira-seeks-review-travel-policy/82181492/ .

In Giblin’s story there are quotes from a recent Chavira email and City Attorney Michael Bailey’s email response on the issue. Chavira emailed City Attorney Michael Bailey and City Manager Kevin Phelps saying, “I would appreciate if you confirm that I followed all the rules and regulations regarding my travel expenditures. Additionally I would appreciate it if you would confirm that I submitted all my receipts and appropriate paperwork.” Note Sammy’s choice in wording. He used the word “confirm.” Hmm…it’s pretty obvious that Sammy is seeking someone, anyone to provide cover for his ethically challenged travel expenditures.

Mr. Giblin received Public Information Requests not only for Sammy’s email but for City Attorney Michael Bailey’s response. Now it gets interesting.  Bailey noted that the council’s travel policy is lax as no prior approval is required by anyone and the councilmember has the responsibility to decide if an expense is reasonable. What appears reasonable to Sammy may not be reasonable to you or others.

Giblin quotes from Bailey’s email, “Noting the foregoing (council’s lax policy and the absence of any standard for reasonableness) and based upon the information I have been provided regarding travel expenditures, the information does not conclusively establish any unlawful expenditures or any expenditures in violation of council policy.” How is that for making sure Bailey has wiggle room? You have to especially like the use of the word “conclusively.”

Then there is the issue of lost receipts raised by Councilmember Turner. Council has no policy regarding how to handle them appropriately or to establish a cap on reimbursements made with no paperwork to confirm the amount being requested. Apparently Sammy was reimbursed for lost receipts as well.

It gets even better. Giblin asked former Fire Chief Mark Burdick, now a mayoral candidate, about the situation. Burdick’s answer? He thought Sammy used his personal credit card and had no idea that Sammy used the city’s credit card to pay for the infamous $420 dinner. Where is Burdick’s announcement that under those circumstances, he too, will reimburse the city personally? Where is Burdick’s statement on the propriety of a dinner that included one of his subordinate fire fighters, Glendale fire fighter Danny Valenzuela?  According to Giblin, Burdick goes on to request a citizen’s ethics commission to oversee councilmembers’ expenses. That idea may be a bit of overkill as a remedy but hey, Burdick’s got to distinguish himself from the incumbent mayor somehow. This is as good a way as any.

In Giblin’s online Arizona Republic story there are graphs and charts comparing the travel expenditures of all of the councilmembers. Note that the two highest spenders are Sammy and recalled Councilmember Gary Sherwood. It appears that both fancied themselves as high rollers. They were buddies. They often went on the same trips. They voted together on many high profile city issues. Many citizens believe that they might have traded votes. The most notable being Sherwood’s flip-flop on the casino issue voting in favor and Sammy’s flip-flop on the $15 million a year arena management contract to IceArizona voting in favor. Each of these men voted in direct opposition to their campaign promises to their voters.

The ethical action for Sammy would be to reimburse the city for his problematical travel expenditures. He can’t do that although he should. If he were to reimburse the city that is tantamount to an admission of wrong doing. Sammy has no choice but to continue his mantra of I did nothing wrong. We’ve all heard many politicians say the same only to have them end up in jail.

The problem for Sammy is twofold. This issue is not going to go away before the Primary Election on August 30, 2016 and it forever defines his ethics and character for the voters of the Yucca district. They are angry and disgusted to learn Sammy wasted nearly $25,000 of their hard earned tax dollars.

Sammy has never addressed the primary purpose of his trips. To all appearances his primary purpose was to have fun in Washington, D. C. on your money. His perceived secondary purpose was to throw in some sort of brief meeting on a city related topic to provide him with just enough cover to be considered legal. The primary purpose and secondary purpose of a trip on taxpayer money is the distinction that many are missing. If the primary purpose is conclusively for city business that is legitimate. Perhaps secondary, unrelated to city business, portions of trips should be paid by the individual.

The voters of the Yucca district are angry. Glendale city councilmembers should be angry as well. They made appropriate and ethical decisions regarding the primary purpose of their travel. Unfortunately the ethically-tainted brush being used on Sammy will be used on them. Sammy’s apparent unethical decisions have now called into question their decisions.

Sammy’s questionable ethics is a story that is not going to go away although he may on Primary Election Day.

© Joyce Clark, 2016

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It has been 18 years and 98 days since the city’s pledge to build the West Branch Library.

The reaction to the Tuesday, March 22, 2016 presidential primary in Arizona has been deafening and swift. Arizona’s long lines were a national story and an embarrassment as was the clearly unequal dispersement of polling locations throughout the county. Some areas ofI voted the county probably had too many polling locations while other areas of the county had none.

Greg Stanton, Phoenix’s mayor, has asked the U.S. Attorney to investigate. A petition is circulating asking the Obama administration’s Justice Department to investigate. Governor Doug Ducey weighed in calling for future open primaries that would allow all registered voters, no matter what party they belong to, to vote in a primary election. Even the State House Elections Committee is getting into the act and holding a hearing.

There’s plenty of blame to go around and all of it does not belong at the feet of Helen Purcell, Maricopa County Recorder. Don’t read this as Purcell being blameless for the buck stops at her office. She made poor decisions and bad recommendations to the County Board of Supervisors. She decided that there would be more mail-in ballots cast than walk-in votes. Wrong.  In February, upon the recommendation of Purcell, the Board approved only 60 locations from its usual number of 120. Purcell said cost concerns and the belief that a majority of ballots would be mail-in drove her recommendation. This is not the only election where an erroneous Purcell decision caused problems during an election. She won’t resign but it is time for her to go. Don’t worry; there will be plenty of candidates vying for her position at the next election.

Wait a minute…the Board of Supervisors did not have to accept her recommendation. Where was their due diligence? Certainly the Supervisors’ staff should have researched the issue before accepting her recommendation. Then there is the State Legislature and the Governor. budget 3They are not blameless either. The state legislature created a budget cutting funding used to conduct elections in all counties, including Maricopa County. County officials protested but no one in the legislature listened to them. Governor Ducey signed the state budget that included the reduced funding for county elections. Now the very same people who approved skimping on elections want Purcell’s head. People who live in political glass houses should not be throwing stones.

With all of the light on the situation be assured there will be more places than you can shake a stick at, for the General Election in November.

I promised to include comments I received from my blog readers about Tuesday’s election and I share them with you now:

DiNaslo

“Yesterday I was upset about the loooooooooong lines at Hope Chapel on 63rd Avenue in Glendale.

Today, after watching the news coverage last night, I am FURIOUS!

In the past, I’ve preferred to vote in person rather than use an Early Voting Ballot; I just like to go to my polling place, cast my ballot, and watch them put it in the machine. (I’ve never had too long a wait.)

Thinking this time would be no different, I didn’t request an Early Voting Ballot.

Unfortunately, I have developed a mobility problem that prevents me from standing for long periods of time, and there was no way I was going to be able to stand for 3+ hours in line waiting to vote!

Who would have thought there would be this HUGE fiasco?!

The evening news reported that Maricopa County cut the polling places from 200 (in 2012) to a mere 60 for this very important election!

The news also reported that at some (not all) of the polling places voters who had an Early Ballot, who simply wanted to drop it off, were not told they did not have to stand in the looooooong line. There should have been a volunteer outside (with a bull horn) telling people to go inside and drop off their ballot – but apparently that never happened! Why wasn’t this done? Utter lack of communication!

Not to mention Hope Chapel had only ONE bathroom to accommodate voters who needed to use the facility! Or other polling places running out of ballots!

UNBELIEVABLE!!

In a televised interview with Helen Purcell last night, she made some weak excuse about the reduced number of polling places, and also “blaming” the voter’s lack of information on the resultant loooooooong lines. How dare she!

This morning she stated she would not step down from her position, but I don’t think that should be her decision. She should be removed from her job, based on pure and simple Incompetence! She screwed up, she should pay the price – – as should any of her staff who were compliant in the decision to reduce the number of polling places to be made available to voters!

Sadly, Arizona has made the news – and not in a good way! Once again, we are made to look like a bunch of ignorant, uninformed fools – thanks to the leaders of this State.

You asked for my opinion, Joyce. Well, there you have it!”

Carpenter

“I couldn’t believe there were no polling places in south Glendale. I had an early ballot but when I realized my time frame, I just needed to drop my ballot. Rather than going 10 or 12 miles to the Glendale polling places, I chose to go to the 51st Avenue and Thomas polling place to just leave my ballot. I was shocked that the line went all the way around the building at 10:00 in the morning. I would never have been able to stand there that long. I know of two people for sure that could not take two or three hours to stand in line to cast their ballots. What poor planning for an area that constantly talks about wanting people to get out and vote. I remember years going to vote and my car would be the only one in the parking lot. Sure hope they get this mess worked out before the November election.”

Shelly Honn

“I would not have been able to stand in a 3 hour line having arthritis in both of my knees. I am very glad that I am also receive an early voting ballot. I think this state needs to seriously look at at least two things providing the ability to do online voting ONLY during a certain time frame (like from 7:00 to 10:00 p.m. when most people are home) and also putting more polling locations in those areas where it is likely for individuals will not have a way to vote online. This is a complete embarrassment for our state.

It is also an embarrassment to our great country that these 5 individuals are who we have to choose from to become president, its disgusting.”

Tom Traw

“jOYCE, My wife was unable to stand in line for three hours so she did not vote and expect hundreds or thousand of voters who wanted to vote were angry and went home. Helen should probably lose her job over this fiasco. No common sense whatsoever. Our typical politicians for you. I wonder if it was planned by one party or the other????”

The Truth!!

“I am a young person but to stand in line ruined my already marginal feet even more. I was amazed how many people hung in there to use their right to vote.”

© Joyce Clark, 2016

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It has been 18 years and 97 days since the city’s pledge to build the West Branch Library.

The Glendale city council meeting of Tuesday, March 22, 2016 was completed in a little over an hour despite an agenda of 41 items, 36 of which were consent agenda or consent resolutions. The only curious item of note was Item 12, Position reclassifications presented by HR Director Jim Brown. There was only one position reclassification requested and that was for the City Attorney’s Office. The request was to create a new title, Senior Assistant City Prosecutor. The reason given for the request was to “realign to better meet department needs.”  Hmmm…it seems a bit strange to bring forward only one position in the organization for reclassification.

The more interesting events of the evening were not formal agenda items. During the public comment portion Bill Dempsky of the Sahuaro district, a regular citizen public speaker, railed about Councilmember Sammy Chavira’s excessive and questionable travel expenses. He cited specific facts about those expenses and commented that Sammy wasted $3,000 of your taxpayer dollars with his constant habit and practice of changing flights.

Sammy has become very nervous about his recent negative press coverage and so, lo and behold, he spoke. At the end of the council meeting during council comments, he pulled his written comments before him and began to read. His comments were carefully worded and it was obvious that Sammy did not write them for he does not speak that well.

He said he always followed the travel policy of the city. He failed to mention that in relation to elected officials whatever policy does exist is non-existent or very weak. We would not expect him to acknowledge that he gamed the system. He can claim he did nothing wrong but the Yucca district voters no longer believe him. One man told me, if it walks like a duck and quacks like a duck, it’s a duck. He went on to say appearances are everything and it appears to him that Sammy is using his power and privilege to his advantage, not that of the people.

Chavira had two “fun” trips on his agenda – one to see the Pope in Washington, D.C. on a large screen TV and the other to see his friend and mentor, Ruben Gallego, be installed as a U.S. Congressman. But Sammy had a problem. For you see, he had to make these trips “legitimate.” What to do? Simple, claim some sort of meeting related to city business—with someone, anyone, willing to back up his claim that a city issue was discussed. For all we know the so-called meeting could (and probably was) 5 minutes long but it would have been enough to CYA.

Sammy’s bosses, including the Phoenix Fire Chief, have tacitly acknowledged the impropriety of Sammy’s paying $420 for their seafood and steak dinners by returning their portions of the check (5 Phoenix officials have done so to date) to the City of Glendale. Not only that, but they repaid with personal funds. Has it ever occurred to Sammy that it’s time he repaid the city as well? Probably not.

Sammy went on to say that he supports review of the city’s travel policy and at the April 5, 2016 city council workshop he, personally, would request such a review as an action item for a future city council workshop.

Sammy is definitely scared. He got caught with his hand in the cookie jar and is desperately looking for a way to keep his hand intact. This time it’s not going to work. What Sammy doesn’t realize…yet…is there are a lot of angry voters out there. They were already angry about his lack of accessibility and responsiveness to his constituents; his canceling of scheduled meetings with them; his absences from council meetings; and his lack of communication with the people he was elected to serve. Sammy’s performance as their councilmember has been less than sterling. Now with these new revelations about his use of taxpayer money, they have had enough.

To a majority of Yucca district voters Sammy has exhibited the worst characteristics of an elected politician, with his cronyism, his advocacy of issues in support of his large campaign contributors, his advocacy of more money exclusively for the fire department and his abuse of power. They are disgusted and have had enough. They believe he epitomizes the worst of establishment politicians and they will not vote for him again. They think he represents the cliché of smoked-filled rooms and back deals. They realize that Sammy is not working for them. Rather Sammy is working for Sammy.

All of these reasons…and more…persuaded me to run for the Yucca district council seat: to restore dignity and honor to the position; to research and to question staff thoroughly regarding their policy recommendations; to restore accessibility and communication to the people of the district; and to become an instrument of giving the people of the district their voice back. I ask the people of the Yucca district for their support. I ask for their vote in the August 30, 2016 Primary Election.

© Joyce Clark, 2016

FAIR USE NOTICE

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

It has been 18 years and 97 days since the city’s pledge to build the West Branch Library.

On Tuesday, March 22, 2016 the voters of Maricopa County flocked en masse to county polling locations in the states’ presidential primary election. It turned out to be a nightmare for many voters. I was alerted to the problem when several blog readers called and told me they waited 3 hours to cast a ballot. Here is a photo taken by one of the voters.

South Peoria Baptist Church 9000 W. Olive Ave, Peoria

South Peoria Baptist Church
9000 W. Olive Ave, Peoria

A little reality is in order. On October 15, 2015 the County Recorder’s Office announced that Maricopa County had more than 2 million registered voters. They proudly declared that Maricopa County has the third-highest registration rate in the country. Maricopa County is just behind Los Angeles County, California and Harris County, Texas. We witnessed state after state announcing that voter turnouts for presidential primaries have been record breaking, ranging in a 40% to 80% increase since 2012.

The County Recorder’s Office had about 5 months to prepare for the perfect storm of an increase in the number of registered voters and an expected increase in turnout of anywhere from 40% to 80%. Did they prepare adequately? Apparently not.

Glendale has about 50 precincts. Do you know how many polling locations there were in Glendale? Two…just two, the Happy Valley Church at 24220 N. 43rd Avenue and the Hope Chapel at 17417 N. 63rd Avenue. Both locations were in North Glendale. I guess the rest of Glendale was chopped liver. Glendale has a population of nearly 250,000 and an estimated 70,000 registered voters. Somehow two polling locations in North Glendale don’t seem to serve the public very well.

If you think Peoria had it better you would be correct. With a smaller population and smaller number of registered voters Peoria had 3 polling locations. The County Recorder’s Office had a total of 60 polling locations for a county with a population of 4.09 million and a self-proclaimed registration of over 2 million voters. That means each polling location in the county had to process an estimated 33,000 voters at each of its 60 locations. Granted some locations had more and some had less activity. However, it doesn’t seem that any of the locations would have the capacity to handle 33,000 voters at the rate of 2,750 voters per hour. Thank goodness for Early Voting ballots or there might have been riots. Many voters, like me and my family, used our Permanent Early Voting ballots. That would have taken some of the pressure away from the polling locations. However, there’s nothing that discourages a voter more than waiting hours to vote. What was the County Recorder’s Office thinking?

If you voted today, what was your experience at your polling location? Send a comment and I’ll make sure it is shared with my readers.

© Joyce Clark, 2016

FAIR USE NOTICE

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

It has been 18 years and 95 days since the city’s pledge to build the West Branch Library.

PLEASE NOTE: To the left of this blog you will see how you can donate to my campaign. You may write a check and mail it to me or you may use the PayPal button. Sammy already has a war chest of $16,000+. The last campaign contribution he received was in December of 2015, 3 months ago, from…yep, Mark Becker of Becker Billboards in the amount of $5,000. Becker tried to get his billboards sited in north Glendale at Arrowhead.

Any amount is gratefully accepted from $5 to $5,000. You must include your name, your address, your employer and your job title. That is required by law. Donations from companies and corporations are prohibited. You do not have to live in the Yucca district, or Glendale, or the state of Arizona or even the United States to make a donation. Please take a moment to help me to regain the City Council seat representing the Yucca district and to “get their voice back.”

Sammy’s invisibility continues. Paul Giblin wrote an article on March 19, 2016, entitled Glendale expenses get more scrutiny. It is not online as of this date so no link to the story is provided. In it Giblin says, “Chavira declined to discuss the matter (of council’s plan to hold a workshop on travel expenses) after a City Council work session Tuesday, his first public appearance at City Hall since returning from another trip to Washington to attend a National League of Cities conference. Chavira previously said in an email that all of the trips he expensed were for legitimate purposes.”

In another Paul Giblin story he reports on the election rematch for the Yucca district council seat between Sammy and me, saying, “Chavira has been less public about his intentions (regarding his campaign for his seat). He did not return messages from The Arizona Republic and his campaign website and Twitter account were silent on the matter Monday.” Here is the link: http://www.azcentral.com/story/news/local/glendale/2016/03/15/sammy-chavira-joyce-clark-could-have-council-election-rematch-glendale/81590186/ .

Interesting observations emerge from Sammy’s quotes. He says his trips were for “legitimate purposes.” Of course he does. What else can he possibly say? It’s perfectly legitimate for Sammy to fly to D.C. and watch the Pope on a large screen TV…but not on the taxpayers’ dime. It’s perfectly legitimate for Sammy to fly to D.C. to watch his buddy and mentor, Rueben Gallego, get sworn in as a U.S. Representative…but not on the taxpayers’ dime. It is never legitimate to use one’s position and power to host a dinner and curry favor with one’s bosses…especially on the taxpayers’ dime.

Sammy requested and received City Attorney Michael Bailey’s opinion that Sammy’s expenses did not violate any law. I bet that statement was well crafted and carefully worded. Well, of course one would expect Sammy to request that from Bailey and Bailey would comply. After all, Bailey’s bosses are the councilmembers and he serves at their pleasure. It wouldn’t do to make one of them angry.

I have been an incumbent and I have been the opponent of an incumbent when running for the Yucca council seat. Let me tell you, City Hall does protect the incumbent in a myriad of very subtle ways. Be warned — City Hall, this election cycle. City policy is that a councilmember may not take advantage of city resources, such as appearing on the City’s cable channel, six months before an election. The primary election is in on August 30, 2016.  As of February 29, 2016 the six month restriction began. A councilmember may not use city resources, financial or otherwise, for district newsletters, any sort of mailing or event if it has not been the habit and practice of the councilmember during the entire course of a person’s term. Sammy cannot use city resources to send out a special mailing or newsletter or to host an event between now and the Primary because he has never done it during his term of office. He may continue his Friday e-newsletters as they have been produced for him since he took office.

The other observation is Sammy’s remarkable disappearance and utter silence. Many Yucca district residents are saying that since Sammy has no good defense for his actions he seems to be saying even less than his usual “thank you” and has disappeared.  That’s not a new stance for Sammy. In the past year he was AWOL from nearly a dozen council meetings or workshop meetings. There were some other instances when he participated telephonically or when he arrived late for a meeting. Sammy hasn’t exactly been on the job lately.

Other residents believe Sammy is scared realizing that he’s in a heap of political “do-do.” Some feel he is being deliberately invisible in the hopes that this will blow over by election time. That’s not going to happen. Every Yucca district voter deserves to know that Sammy’s travel expenses and his other decisions or actions, at the very least, constitute an abuse of trust voters placed in him. Yucca district deserves better. Residents want to “get their voice back.”

© Joyce Clark, 2016

FAIR USE NOTICE

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