Header image alt text

Joyce Clark Unfiltered

For "the rest of the story"

Sep 15

19

Above the law?

Posted by Joyce Clark on September 19, 2015
Posted in City issue and actions • City of Glendale • Glendale elected officials  | Tagged With: , , , , , , , , | No Comments yet, please leave one

It has been 17 years and 261 days since the city’s pledge to build the West Branch Library.

On September 17, 2015, the Glendale Star essentially offered Gary Sherwood the opportunity to explain away his driving suspensions and the active warrant. Here is the link:  http://www.glendalestar.com/news/article_2cb3cc58-5d-11e5-a1bd-b777ff1c7d23e9.html . His attempts to explain his remedial actions do not make the facts disappear.

No one is above the law…not a politician, not a priest. We are all accountable for our actions and must take responsibility for them. Stubborn facts remain. On 8/12/2013 Mr. Sherwood attended meetings at city hall. His license was suspended and it appears that he drove himself to city hall. The following day, in the St. Paul/Minneapolis area, he rented a car and presumably drove it while his license was still suspended. To compound his actions he used a city ProCard to pay for the rental thereby exposing the city to potential liability.

The fact that he disobeyed driving laws six times in ten years, had his driving license suspended several times, failed to appear in court and failed to take timely action to resolve his citations demonstrates his apparent belief that he is above the law. In 6 weeks, on November 3, 2015, the voters of the Sahuaro district will have an opportunity to decide between Ray Milnar and Gary Sherwood. Mr. Milnar has a finance background that will certainly be an asset to the city council. His community activities show that he is a man of principle and strong character. Sherwood has shown the voters of the Sahuaro district his apparent lack of principle on many occasions: Foothills Library, Becker billboards and the casino – to name but a few.

Sophocles once said, “Nobody has a more sacred obligation to obey the law than those who make the law.”

© Joyce Clark, 2015

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The ‘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 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.

Sep 15

14

Coyotes audit

Posted by Joyce Clark on September 14, 2015
Posted in Arizona Coyotes • City Council Actions • City issue and actions • City of Glendale • Gila River Arena • Glendale elected officials • Glendale finances  | Tagged With: , , , | 4 Comments

It has been 17 years and 256 days since the city’s pledge to build the West Branch Library.

I spent some time reading the audit of the Coyotes released by the city on September 9, 2015. Here is the link: https://www.glendaleaz.com/auditor/documents/ArenaContractComplianceReview2015.pdf . The overall sense of the audit expresses the city’s deep frustration with IceArizona’s failure to provide all of the information required by the Professional Management Services and Arena Lease Agreement (PMSA).

Here are a few of the limitations utilized by IceArizona in responding to audit requests:

  • “City staff requested that the Arena Manager provide the City’s auditors and Consultant with a copy of the Team Owner’s financial statements. The Arena Manager denied this request.”
  • “The City’s auditors also requested an independent confirmation of the Team Owner’s 2013/2014 annual operating loss. The Arena Manager’s independent external auditors denied this request.”
  • “On March 13, 2015, the Team Owner issued a notice to the City of the Team Owner’s claimed operating loss for the ‘First Certification Period,’ as defined in the PMSA. The Team Owner provided no additional backup documentation, including Team Owner financial statements, for the city to verify the claimed operating loss.”

Much of the final audit findings are no longer applicable or relevant since the city council cancelled the original contract and negotiated an amended contract good for two years. The audit dealt with all of the revenue streams some of which are no longer applicable under the new temporary contract. However, there were quite a few potential non-compliance issues identified:

  • “Early Termination: The Team Owner’s June 30, 2014 financial statements were not provided to the City, prohibiting the City from verifying the Team Owner’s claimed operating loss. Additionally, the City’s estimate of the Team Owner’s 2013/2014 operating loss is greater than the Team Owner’s March 13, 2015 claimed operating loss based upon the information provided to the City and the Consultant by the Arena Manager. It appeared that the loss as reported to the City was not based upon the Team Owner’s financial results but was based upon the Partnership’s earnings before interest, taxes, depreciation and amortization from the consolidated audited financial statements.” The city had to subtract out the Arena Manager’s audited financial statements from the Partnership’s financial statements since they were not reported separately but all lumped together. The city calculated the Team Owner’s loss to be greater than what they reported to the city.
  • “Naming Rights: The City was not paid their full share of naming rights under the 2006 Jobing.com Naming Rights Agreement, resulting in a potential underpayment.” Under the agreement the city was to receive 20% or $1.2 M a year ($60,000 a month). Instead the city received $55,540 for the year. Unilaterally IceArizona said if Jobing.com pays us less, the city gets less. They also independently revised the definition of what components made up the naming rights and told the city that it was not entitled to some of those revenue components.
  • “Qualified Tickets: The number of paid admissions reported by the Team Owner to the NHL was higher than the number of paid admissions reported to the City, resulting in potential surcharge and supplemental surcharge fees still due to the City estimated at $39,640.” The number of paid admissions reported to the city was 533,856; the number reported to the NHL was 542,665 ( a difference of 8,809). The number of complimentary tickets reported to the city was 43,762; the number reported to the NHL was 34,953. The city should have received an additional $39,640.50 for the unreported 8,809 tickets.
  • “Supplemental Surcharge Fees: The Arena Manager did not establish a Supplemental Surcharge Escrow Account in 2014/2014 and deposit funds into the account as required by the PMSA. The Arena Manager wired the entire amount of supplemental surcharge fees that were collected throughout the year to the City on July 9, 2014.” Again, because of the discrepancy in reported ticket sales the city did not receive all supplemental revenue to which it was entitled.
  • “Annual Financial Reports: The City did not receive the Arena Manager’s audited financial statements, which were due September 30, 2014, until February 25, 2015. The Team Owner’s annual financial statements were not reported to the city. The Arena Manager’s independent external auditors were unable to confirm the Arena Manager’s and Team Owner’s 2013/2014 revenues and expenses to the City.
  • “Sales Tax: The Arena Manager and the City have not clarified responsibilities regarding the collection and remittance of sales tax, potentially resulting in unremitted sales taxes on certain Arena revenues.”
  • “Annual Budget: The Arena Manager submitted the 2013/2014 annual budget to the City late on March 25, 2014. The budget was due within 30 days of the closing date of the PMSA.

What does all of this government-speak mean in plain English? The city was frustrated because IceArizona was very late in submitting their audit and IceArizona played games with the report they submitted. The city was put in the position of finding the hidden pea under three cups. The city was conned. IceArizona’s game playing shouldn’t come as any surprise. After all, look at with whom they surrounded themselves…Craig Tindall, Julie Frisoni and Gary Sherwood…who appear to be three little peas in an ethically challenged peapod.

The city didn’t care about the profit and loss statements of the IceArizona partnership. It wanted and didn’t get, two, separately and independently verified audits of IceArizona as the arena manager and IceArizona as the team owner. The city suspects that the annual loss was greater than IceArizona reported but without those two audits the city can surmise but not verify their suspicion. The city was underpaid on ticket sales and the related surcharges that flowed from the ticket sales. The city was underpaid on naming rights because IceArizona unilaterally changed the rules of the game. Finally, the city may also have been underpaid on sales tax revenues generated within the arena.

After having seen the results of the audit is it any wonder that a majority of council cancelled the original agreement? It also lends credence to council’s decision to move forward with putting the arena management contract out for bids. IceArizona has demonstrated an unwillingness to share crucial information, financial or otherwise. They have flexed their muscles as the “big boys” and have shown considerable distain for the city and the taxpayers whose dollars keep them alive.

IceArizona, just like any other entity, is free to submit a bid but based upon their past performance. They will have to clean up their act considerably to be considered seriously.

© Joyce Clark, 2015

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The ‘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 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.

Sep 15

11

Malfeasance?? revisited

Posted by Joyce Clark on September 11, 2015
Posted in City issue and actions • City of Glendale • Glendale elected officials  | Tagged With: , , , , , , , | 2 Comments

It has been 17 years and 253 days since the city’s pledge to build the West Branch Library.

As a former Glendale city councilmember I take no joy in writing about the seemingly endless misdeeds of sitting Glendale Councilmember Gary Sherwood. It reinforces the average citizen’s belief that all elected officials are corrupt or are not responsive to the electorate once they take office. Just as in other professions there are a few bad apples that can sully a profession’s reputation.

There are many people upset to learn about Sherwood’s situation and they are justified in their anger. They want to march down to City Hall and demand action. More about this later in this blog.

It appears in addition to the alleged license suspension for 8 days from 8/12/2014 to 8/20/2014, Sherwood’s license was also allegedly suspended from 6/26/2012 to 9/3/2013.

This is troubling on many levels. I attended at least two meetings during that time period, once at a restaurant in north Glendale and another time out at the Glendale Airport, and Sherwood was at both. He drove himself to those meetings…if the public records are correct… on a  suspended license.

The restaurant incident sticks in my mind to this day because after the meeting participants were out in the parking lot getting ready to leave, one of the comments made by Sherwood was that he had a “cop card.” I’ve never forgotten that and assumed that he was alleging that he had a card he could use if stopped for a traffic violation. Apparently it didn’t work very well. I have tried to verify that such a “cop card” exists and no one, especially in the local law enforcement community, has ever conceded they have heard of such a thing. It doesn’t seem to exist. Sherwood was probably bragging in an effort to enhance his reputation as “somebody” as his ego may be his biggest personal failing.

The point is that during that 15 month period it seems that Sherwood was driving on a suspended license. In addition, in the Sahuaro district’s portion of Follow Your Money, Sherwood submitted for mileage reimbursement on 3/1/13 for $64.41. This occurred during the 15 month alleged suspension. An elected official submits for mileage reimbursement when using one’s personal vehicle for city business. The very fact that he submitted for reimbursement seems to verify that Sherwood acknowledged he drove during the 15 month period in question.

During his campaign it seems he attended many campaign events and drove himself to them. There are probably many people who can confirm that. Sherwood was elected to office in November of 2012 and was seated as councilmember in January of 2013. He jumped right into office. He was at city hall nearly every day and probably drove himself there…on a suspended license.  He participated in many city events as well as regional events and probably drove himself there…on a suspended license.

There is nothing to be done about his alleged driving while suspended during that time period. One cannot go back retroactively and affect an arrest. It’s done…it’s finished…but this situation is concerning because the situation demonstrates Sherwood’s apparent habit and pattern for disregard for the law. If the alleged driving on a suspended license shows Sherwood’s propensity to disrespect the law, what other laws may he have disregarded?

I have it on good authority that Sherwood’s active warrant for Failure to Appear has been satisfied…very, very recently.  Apparently in the last day or two he paid the $1,500 bond.  It’s disconcerting that it took public revelation of the situation in my blog of September 8, 2015, to make him do what he should have done months ago.

The information about this issue remains interesting. Failure to Appear in Arizona Revised Statutes says under A.R.S. §13-2506, “A. A person commits failure to appear in the second degree if, having been required by law to appear in connection with any misdemeanor or petty offense, such person knowingly fails to appear as required, regardless of the disposition of the charge requiring the appearance.  1. Failure to appear in the second degree is a class 1 misdemeanor.”

I discovered that in Arizona misdemeanors are divided into 3 categories: Class 1, Class 2 and Class 3. Class 1 misdemeanors are the most serious. The maximum penalties are:

  • Class 1 misdemeanor: up to $2,500.00 fine and six months in jail;
  • Class 2 misdemeanor: up to $750.00 fine and four months in jail;
  • Class 3 misdemeanor: up to $500.00 fine and 30 days in jail.

Many citizens contacted me asking what could be done (this was before it was learned that the bond had been paid recently). The disturbing answer is absolutely nothing. Many wanted to put pressure on the city council to take some sort of action. According to the City Council Guidelines the most severe penalty available for a councilmember is, “(council will) determine what sanction is most appropriate; customarily, sanctions are limited to a letter of reprimand or censure.” Here is the link to City Council Guidelines: http://www.glendaleaz.com/CityCouncil/documents/C-Guidelinesamended2-24-2015CLEAN.pdf . There are no teeth within the City Council Guidelines and a legal issue could not be addressed by the city council.

I would suggest that it is time for city council to look at this issue. One cannot forget that at one time, 4 councilmembers were under indictment for backdating documents. The charges were eventually dismissed due to a technicality. As a result of council’s inability to address that issue, they remained seated during the legal process and even voted in the affirmative to make sure their legal fees were paid by the city. Perhaps the solution is to place the councilmember(s) on leave until the legal process resolves itself.

However, there is also the matter of the City Attorney. The City Attorney should be concerned about Sherwood’s use of a city ProCard to rent and park a vehicle during his St.Paul/Minneapolis trip on 8/13/2014 during another alleged license suspension. What if there had been an accident? The city surely would have been liable because of the use of its ProCard. It’s the stuff of which City Attorney nightmares are made. At the very least the City Attorney should require immediate reimbursement of the vehicle rental and parking fees. More importantly, perhaps this event warrants removing Sherwood’s ProCard use. Then there is the issue of Sherwood’s reimbursement for mileage during suspension. I would think that might be a legal can of worms as well. Again, at the very least it should require reimbursement to the city.

As for the Glendale Police Department’s arrest of Sherwood it becomes a moot point as he satisfied the bond associated with the warrant for his arrest since the publication of my recent blog.

Even if Sherwood has secured an attorney to deal with these allegations and they are adjucated, that does not mitigate his seeming disregard for the law. It speaks to his character…or lack thereof.

The voters of the Sahuaro district are the only ones who have the power in this situation as there is a Recall Election looming on November 3, 2015. Character is just one of the elements to consider in casting one’s vote. They have the power to decide if Sherwood’s character merits his removal as their councilmember. They do have a choice. Mr. Ray Malnar is running against Sherwood and I suspect his character is not in question.

© Joyce Clark, 2015

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The ‘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 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.

Sep 15

8

Malfeasance??

Posted by Joyce Clark on September 8, 2015
Posted in City of Glendale  | 8 Comments

It has been 17 years and 250 days since the city’s pledge to build the West Branch Library.

Courtesy Charlie Leight/The Republic

Courtesy Charlie Leight/The Republic

By now the general public is keenly aware of the Hillary Clinton scandal regarding her emails and the use of a private server while she was serving as Secretary of State. The general public consensus seems to believe that she is arrogant and believes that the law doesn’t apply to her. Perhaps the same can be said of Councilmember Gary Sherwood, Sahuaro district, currently facing a recall election on November 3, 2015.

There are some people with a lot of time on their hands and they do research. Recently I received via email a packet of material related to Sherwood and his driving record. I did not do the research on this material but I did go to every link provided and assured myself that all of the information I am about to share is a public record. I will provide the links and copies of the material I found on each site. So, thank you to anonymous for sharing.

Just about everyone on the planet has received a traffic ticket at some point in their driving lifetimes. In my 50 years of driving I have received 3 speeding tickets. I paid my fine, took the defensive driving class, received points on my license…and vowed to stop being a “lead foot.” Gary Sherwood appears to have received 6 traffic citations over a 12 year period from 2001 to 2013. In the great scheme of things, no big deal. However, it is the last and most recent traffic violation that is troubling. Here is the link to his list of violations: http://apps.supremecourt.az.gov/publicaccess/ .

6 traffic violations

The Round Valley Justice Court case appears to still be an open case according to the records. That case shows 3 counts: Count 1-a local driving violation to which he pled guilty and sentence imposed on 8/18/2013; Count 2-“drive with license suspended/revoked/cancelled” which appears to be open and unresolved; and Count 3-“Failure to Appear, 2nd degree” which also appears to be open and unresolved. Use the same link provided above and click on J-0101-TR-20131487 . Below is the case file from that link.

Round Valley Justice Court

Here are the details of the Case Activity. As of 12/8/2014 there appears to be an Active Warrant still open for Sherwood. If this warrant is still active, why hasn’t the Glendale Police Department arrested him? They know where to find him on Tuesdays…at city hall attending council workshops and meetings.

Case Activity

This case is raises some vexing questions. Mr. Sherwood was seated as the Glendale Sahuaro City Councilmember in January, 2013. At that time he is no longer private citizen Sherwood but public official Sherwood. Whether one likes it or not, a public official is held to a higher standard than that of a private citizen.

If you take note in the Case Activity there is a TR/SR Suspension Only on 8/12/2014 and the suspension was lifted on 8/20/2014. Was this a driver’s license suspension? In talking to persons in law enforcement the consensus is that it probably was suspended but they cannot verify that opinion without seeing some of the original documentation. IF his license was indeed suspended, did Mr. Sherwood stay home on 8/12/2014, day of council meeting or did he have someone drive him around? Apparently not. On 8/12/2014 there was a city council executive session at 4 PM followed by a city council meeting that evening. Sherwood attended both. Did he drive himself to City Hall that day?

The following day, 8/13/2014, Sherwood was in St.Paul/Minneapolis for a League of Cities and Towns National Conference. Here is the link and the material copied from the link: http://www.glendaleaz.com/FollowYourMoney/Dept.cfm?Type=5&DeptID=112&DivID=10140&Account=511400 .

Car rental

As you can see, Sherwood rented a car from National Car Rental and paid $44 to park it that day paid with the city’s ProCard (taxpayers dollars)…on what may have been a suspended driver’s license. So, you, dear Glendale taxpayer, could have funded Sherwood’s disobedience of the law.

These publicly accessed facts could lead one to assume that Sherwood is at the very least a scofflaw and at the very worst, believes the law doesn’t apply to him. These facts appear to lend credence to Sherwood’s habit and pattern of ignoring the rules whether they are rules of the road or the filing necessary political documents.

Malfeasance is also a word that comes to mind. Webster’s Dictionary defines malfeasance as “wrongdoing or misconduct especially by a public official.” Voters of the Sahuaro district, is this the man to represent your interests?

© Joyce Clark, 2015

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The ‘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 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.

Sep 15

4

Sherwood recall election soon

Posted by Joyce Clark on September 4, 2015
Posted in Arizona Coyotes • Casino • City issue and actions • City of Glendale • Glendale elected officials • Glendale finances  | Tagged With: , , , , | No Comments yet, please leave one

It has been 17 years and 246 days since the city’s pledge to build the West Branch Library.

In political terms the Sherwood recall election is coming very soon…November 3, 2015. On the ballot you will see no rebuttal statement by Sherwood because he filed his statement after the mandated deadline. His failure to interpret the fine print is a typical Sherwood failing. He has often had to amend his campaign filings for the very same reason and he has been fined by the City Clerk for filing required documents late.

Sherwood created the mess that he is in. He reneged on his campaign platform almost immediately. He appears to have cut a deal with Councilmember Chavira and so he voted for the casino and in turn, Chavira voted for the Coyotes. His public announcement of his private interview with former City Manager Brenda Fischer immediately raised eyebrows. Once Fischer was on board he aligned himself with her, Frisoni and Burdick. There were reports of his having lunch with them individually on a regular basis.

The office of councilmember beguiled Sherwood. Now he was somebody. He reveled in associating with the big dogs…Anthony LeBlanc, Michael Bidwill, Ned Norris, Jr. and Mark Becker. He not only advocated for their projects he was their biggest champion and constantly referred to his private conversations with them. He dropped names and made sure everyone knew he was their buddy.

After only a few weeks in office he began gunning for Mayor Weiers and brought topics to council workshop that he hoped would embarrass the mayor all the while proclaiming on city hall’s 4th floor that he was the “real” mayor of Glendale. Sherwood quickly became full of himself. He refused to listen to his constituency on issues such as Becker billboards and the library. When they spoke publicly he often denigrated and demeaned them. He failed to communicate on a regular basis with the people in his district. He failed to advise his constituents of important meeting dates on hot topics…such as the possible closure of the Foothills Library.

Sherwood dug his own hole with his seeming arrogance, cronyism and lust for power. If my unscientific poll on this blog is any indication, Mr. Ray Malnar, has an excellent chance of taking the Sahuaro district council seat. Right now there are 151 votes (74%) against Sherwood and only 54 (26%) for Sherwood. I suspect these results will be mirrored in the Recall Election on November 3, 2015.

Who is Ray Malnar, Sherwood’s opponent? I had an opportunity to sit down with Mr. Malnar over a cup of coffee (in my case, tea). He is a breath of fresh air and couldn’t be more different from Sherwood. Mr. Malnar is a man grounded by family, friends and his faith. He is a small business owner of All Stone Tile & Wood Restoration, a licensed and bonded company in business since 1995.

Mr. Malnar has not served on a Glendale Board or Commission but so what…neither did I when I ran for my council seat. Serving on a board or commission signals that a candidate may have been co-opted by the city and may have developed sympathies for city positions on issues. He has been involved in the life of our community in other, equally impressive ways. He currently serves as a Court Mediator and Court Hearing Officer for the Maricopa County Justice Court. He is a current board member of Choice Academies and the West-Mec School District. He was a Boy Scout leader for 15 years and has been involved in various church activities.

He is a graduate of the University of Utah and has a BS in finance, a BA in speech and communications and an MBA. His intellectual strengths are in finance, accounting, information systems, general business management and governmental affairs. He is not self-effacing but is quietly confident. He is eager to build relationships that foster trust and believes in empowering others. He is a gentleman and shows respect for all. He genuinely listens to those who wish to share their concerns or different points of view with him.

The voters of the Sahuaro district do have a choice on November 3, 2015. They can choose Sherwood and receive the same lack of representation, the same arrogance and the same distain for views he does not share. Or they can choose Ray Malnar, a man who has committed to representing his future constituents, who respects others and a man who has business and finance experience. Nationally we hear every day that the electorate is seeking change. Voters of the Sahuaro district have a rare opportunity to do the same by voting for Ray Malnar.

If you think it is time for a change in Sahuaro district representation please share this blog with family, friends and neighbors. Let them know they have a choice in November. Let them know they can vote for a good, solid candidate, Ray Malnar, who will do what Gary Sherwood failed to do…represent them.

© Joyce Clark, 2015

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The ‘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 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.

Sep 15

2

Brenda Fischer’s new clients

Posted by Joyce Clark on September 2, 2015
Posted in City of Glendale  | Tagged With: , , , , | 4 Comments

It has been 17 years and 242 days since the city’s pledge to build the West Branch Library.

This is for any “Fischer-philes” still out there. I don’t follow Glendale’s former city manager Brenda Fischer. She’s no longer relevant now that she’s gone from Glendale. Other people still do. One of them sent me the latest on Fischer Consulting.

Guess who two of her latest clients are? How about Julie Frisoni (former Glendale Assistant City Manager) and Mark Burdick (former Glendale Fire Chief)? Here is the link to Fischer’s site: http://fischerconsultingllc.com/ .

I guess Frisoni’s former staid and conservative website was not driving much business. It’s odd because she bills herself as a master communicator. So she Frisoniturned to her old buddy, Fischer, to pep it up with an orange background and an array of microphones as the major image and added a bunch of new communication services (that happen to be eerily similar to Fischer’s offerings on her website). Hmmm…from a sophisticated image to a garish one in one fell swoop.

What is even more interesting is the fact that Burdick has formed his own fire consulting business, Innovative Fire Service Solutions. Is this a precursor for providing ambulance service in Glendale in the near future? Who did he use to Burdickdesign his advertising material? Why, Brenda Fischer. Fischer seems to be rather weak in graphic design. The use of a black background with gold text is not the most readable image. A light bulb with fire atop it is rather trite.

Frisoni and Burdick comprised part of Fischer’s inner power circle during her Glendale days. There were others. So, it’s not surprising that we continue to see the ongoing relationships among all three.

© Joyce Clark, 2015

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The ‘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 go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

Aug 15

31

West Valley warehouse casino is no Talking Stick

Posted by Joyce Clark on August 31, 2015
Posted in Casino • City issue and actions • City of Glendale • Glendale zoning issues • Tohono O'odham  | Tagged With: , , , , , , , | 9 Comments

It has been 17 years and 241 days since the city’s pledge to build the West Branch Library.

One would have to be blind not to see the Tohono O’odham’s (TO) casino construction in Glendale north of Glendale Avenue and west of 91st Avenue. Technically it is on a county island but in reality it is surrounded by the City of Glendale. It IS in Glendale.

The Tohono O’odham are throwing up the structure as fast as they possibly can. They are taking a huge gamble, which seems apropos as they are in that business…gambling. Still unresolved is a decision from the 9th Circuit Court; there is still federal legislation, the Keep the Promise Act of 2015, waiting for a vote; and the state’s decision to withhold a gaming license is in the legal system as well. Any one of these three actions could bring the casino to a permanent, grinding halt.

In a recent Glendale Star editorial, Carolyn Dryer, editor, says, “They (TO) have paid their dues. It is time to give them a gaming license and allow them to open their doors.” That opinion should come as no surprise to anyone. Ms. Dryer attended, as a private citizen, one of former Councilmember Norma Alvarez’ pro-casino meetings held at her home. From the very start the Star has never been unbiased in its coverage of the casino issue and has used its bully pulpit to advance the goals of the Tohono O’odham at every opportunity.

What dues has the TO paid? They lied to the voters of the state gaming compact. They lied to their sister tribes never revealing their intent to build a casino in Maricopa County, hundreds of miles away from their reservation in Southern Arizona. They lied to everyone by keeping secret for years their purchase of land in Glendale.

I have never supported the casino and still do not. I believe it sets a precedent that ignores the voter approved gaming compact of 2002 and it will break open the gaming market in Maricopa County. We will see casinos being built in other communities throughout the Valley. Even worse, I am offended by the lies and subterfuge used by the TO in acquiring the land secretly and its failure to reveal that fact at the very time the first state gaming compact was under consideration by voters. Those voters had a right to know that the TO had plans to build another casino in Maricopa County and did not intend to live up to the promises their Chairman, Ned Norris, Jr., made in selling the compact.

What is really disconcerting is the building will be crap. Yes, I said crap. It’s intended to be a future warehouse, for God’s sake. The ceiling will be exposed with lights hanging by wires from the ceiling beams. How’s that for classy and upscale? It certainly won’t be any Talking Stick but of course, that is all that the West Valley merits. It’s just another promise made and broken by the TO. This building has one purpose and that is to rake in money for the tribe. The TO could have built a big barn and stuffed cattle…errr… hoards of gamblers, into it and it would have served just as well as their warehouse casino.

Oh, but this is only temporary. Do you ever wonder what the TO’s definition of temporary is? Is it a year? 5 years? 10 years? It doesn’t matter what the TO tell you for it will be just another promise broken.

Many people are just plain tired about the ongoing saga and hope for final resolution. The silent majority of Glendale residents want the casino stopped permanently. It’s time for Senators McCain and Flake to bring the Keep the Promise Act of 2015 to a vote. Their rationale is that there is always a more pressing issue and it’s not the right time. There will never be a right time…it’s time for Congress to vote this issue up or down.

© Joyce Clark, 2015

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The ‘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 go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

Aug 15

29

War on law enforcement

Posted by Joyce Clark on August 29, 2015
Posted in National issues  | Tagged With: , , , | 3 Comments

It has been 17 years and 240 days since the city’s pledge to build the West Branch Library.

Darren Goforth, a 10 year veteran of the Harris County Sheriff’s Office was executed last night while pumping gas at a suburban Houston gas station.

Courtesy Harris County Sheriff's Office

Courtesy Harris County Sheriff’s Office

Goforth was shot once in the back and fell to the ground. The killer then walked over to Goforth and fired shot after shot into his body. The killer fled in a red pickup truck. Harris County deputies are currently interviewing “a person of interest.” Goforth is survived by his wife and two children. Our deepest condolences go to his family, friends and brothers and sisters of law enforcement.

The stark reality of this killing should be enough to make everyone angry. Where is the outrage? As the Harris County prosecutor said in a recent press conference, “It’s time for the silent majority to act.” This murder, for that’s what it is, strikes at the very heart of law enforcement. There are a few bad actors in any profession but the vast majority of police officers are good, decent people who have a true and unabiding commitment to protect each and every one of us. This killing was no more than an unfathomable and senseless act.

When a police officer shoots a black, justly or unjustly, black America erupts into protest, rage and violence. Fact: approximately 100 blacks are killed by law enforcement in a year. Yet 5,600 black men, women and children, yes children, are killed by blacks every year. Black on black crime is rampant. Where is the outrage? There is none…just an overwhelming silence.

In the past 6 months a war on law enforcement has emerged. There are many reasons. The obvious one is individual acts of revenge on police officers fueled by the hatred and racism spewed by Black Lives Matter. This group has created a verbal pass embraced by many blacks as a rationale to attack and kill law enforcement officers.

A more serious reason is lack of respect for authority of any kind. It has become pervasive in America and is destroying moral and social order. We see it everywhere. When a child disobeys its parents and there are no immediate consequences. When a student beats a teacher and there are no immediate consequences. When people drift away from their faith and abandon its principles and there are no immediate consequences. When a person shoplifts or steals and there are no immediate consequences. When people traffic in or use drugs and there are no immediate consequences. When a person of power and prominence commits an unlawful act and there are no immediate consequences.

There may be no immediate consequences but there are long term consequences that create the destruction of values in our society. We, the vast silent majority, have to turn things around. We, the vast silent majority, have to take back our country. We, the vast silent majority, have to do more than pay lip service to our problems. We, the vast silent majority, must care. In the meantime, law enforcement…watch your backs for you are the targets.

© Joyce Clark, 2015

FAIR USE NOTICE

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

Aug 15

26

The Coyotes and Jason Rose make nice

Posted by Joyce Clark on August 26, 2015
Posted in Arizona Coyotes • City issue and actions • City of Glendale  | Tagged With: , , , , , | 2 Comments

It has been 17 years and 237 days since the city’s pledge to build the West Branch Library.

Peter Corbett’s article in the August 21, 2015 edition of the Arizona Republic reports settlement of a 2014 law suit between the Coyotes and Jason Rose of Rose+Moser+Allyn Public & Online Relations firm. Here is the link:  http://www.azcentral.com/story/news/local/glendale/2015/08/21/coyotes-settle-lawsuit-scottsdale-polo-event/32112415/ .

The Coyotes had hired Rose’s public relations firm to work to defeat a citizen referendum in Glendale designed to block the arena deal between the Coyotes and the city. The referendum was unsuccessful and the Coyotes subsequently owed the firm a base fee of $25,000 and a $250,000 bonus. To pay off the debt the Coyotes were supposed to sponsor the Bentley Scottsdale Polo Championships (Rose’s baby) to the tune of $55,000 annually and give two front row hockey tickets for 8 games a season for 5 years.

Then LeBlanc seems to have stiffed Rose. The public relations firm got its base fee of $25,000 and one year of sponsorship in 2013…not the $55,000 promised but only $25,000. After that the spigot closed and the Coyotes did not pay another dime.

The judge handling the case granted the public relations firm’s motion for a jury trial. Can you imagine? Another round of negative publicity from a jury trial for the Coyotes? You can be sure after that motion was granted the real negotiation for a final settlement began. Last week both sides finally settled.

What is in this final settlement? No one knows. The terms are undisclosed and no one is talking…not the Coyotes and not Rose. Rose probably got his pound of flesh or he wouldn’t have settled. LeBlanc probably shouldn’t have promised what appears he didn’t intend to deliver.

It raises an issue of concern. The city’s cancelling of the original lease management agreement was a wise move. What was LeBlanc failing to report that the city had no means to verify? If and when the city reenters negotiation with the Coyotes for another long term agreement hopefully the city will include protections and means of verification that were absent in the original agreement. However, it would be prudent for the city to wait until the RFP bids have come in. They will be very helpful in determining fair market values. This time around there are lessons to be learned from recent history. Let’s hope the city does its homework.

© Joyce Clark, 2015

FAIR USE NOTICE

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

Aug 15

24

Glendale arena Request for Proposal

Posted by Joyce Clark on August 24, 2015
Posted in Arizona Coyotes • City Council Actions • City issue and actions • City of Glendale • Gila River Arena • Glendale finances  | Tagged With: , , , , , , , | 3 Comments

It has been 17 years and 235 days since the city’s pledge to build the West Branch Library.

On Tuesday, August 25, 2015 the Glendale city council will go into executive session. One of its topics is sure to be council’s setting of goals for and approval of a Request for Proposal (RFP) for future management of Glendale’s arena. It is a good move.

An RFP will provide information on what is the fair market value for management of its arena. The previous RFP yielded results that indicated that a fair management fee was in the $6 million dollars per year range. Those results can lead to a totally independent firm managing the arena and removing that responsibility from the Coyotes. It sets up a scenario that has the Coyotes as tenants only.

One area that will have to be resolved is that of the parking fees. Apparently under the temporary 2 year agreement the Coyotes continue to keep parking and ticket surcharge revenues. Why? These schemes…for that’s what they were…were created specifically to generate revenue for the city. They were designed to reimburse the city for the $15M a year it was paying as a management fee.

The  amount generated was approximately $8-$9M a year, not enough to cover the $15M annual management fee. Ticket surcharge revenues had always gone to the city even before the latest agreement with IceArizona. In all previous agreements there had been an escalator clause that incrementally raised the surcharge annually.

Whether the arena manager is a new entity or the Coyotes, it’s time to deal with these surcharges to the benefit of the city. Either parking is once again free as it had been before IceArizona or the parking revenue, if utilized, should go to the city. The same can be said of the ticket surcharge…either it goes away entirely or the revenue goes to the city. If the surcharges were to go to the city and the city continues to pay a $6M annual management fee it is possible that the city may actually cover that annual cost and perhaps generate some revenue to be used for the benefit of Glendale’s citizens. Now, that’s a nice thought, isn’t it? Glendale’s taxpayers have been subsidizing the arena for quite some time. It would be wonderful if the arena actually made some money. It’s time for the city to play hard ball and to stop giving away the farm.

© Joyce Clark, 2015

FAIR USE NOTICE

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

« Previous Page — Next Page »