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Joyce Clark Unfiltered

For "the rest of the story"

It has been 17 years and 167 days since the city’s pledge to build the West Branch Library. On June 17, 2015, Judge Dawn M. Bergin was presented the City of Glendale’s motion for modification of the Temporary Restraining Order in the City vs. Ice Arizona litigation. The city may  no longer be compelled to make its next quarterly payment of $3,750,000 to Ice Arizona on July 1, 2015.

Rather than comment at this time (that will come in a future blog) I have provided a link to the city’s motion and Exhibits A through Q as well as the  proposed judge’s ruling: City of Glendale motion June 18 2015 .

I would urge those of you interested in the latest events surrounding the city and Ice Arizona to read the motion in its entirety especially the emails provided as exhibits. I suspect that the email exhibits used for this motion to modify the Temporary Restraining Order are not the entirety of emails the city has in its possession. I assume that the city used a sampling necessary to substantiate their request for modification.

Question: What’s Ice Arizona’s next move? What will they do to cover the interest payments on their tremendous debt now that they might no longer have the city’s $15 million to use?

© Joyce Clark, 2015

FAIR USE NOTICE

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

It has been 17 years and 162 days since the city’s pledge to build the West Branch Library.

Unless you have been comatose by now you know that on June 10, 2015 the Glendale City Council voted 5 -2 to cancel its Lease Management Agreement with IceArizona for the city owned arena. Two days later, June 12, 2015 Ice Arizona successfully secured a Temporary Restraining Order (TRO).

Just think about it. The council vote was 5 -2 with Councilmember Jamie Aldama breaking ranks with Councilmembers Sherwood and Chavira. In his remarks he said that while he is pro business he felt compelled to uphold the integrity of the process.

Just think about it. The five councilmembers who voted to void the contract have divergent backgrounds in terms of educational levels, incomes, ethnicity, time served on city council yet collectively they found the facts available to them (and not to the public to date) compelling enough to move forward with voiding the contract.

Just think about it. This council has been characterized as being idiots, fools and all manner of the devil. They knew there would be an extraordinarily violent reaction yet they held fast and voted their consciences. Only senior management and the council know the facts relating to state statute § 38-511. They knew that IceArizona would sue; they knew there would be legal fees; they knew the fan base would come unglued; they knew the media, in its search for fresh red meat, would berate them. They knew…yet they still voted to cancel the contract. Didn’t any of these groups pause for just a nanosecond to consider that the city’s allegations could be quite legitimate?

Just think about it. The 5 members of city council that voted to cancel the contract must stay the course. They took an oath to uphold the law. They have a fiduciary responsibility to every Glendale taxpayer. If an opportunity for further dialogue with the Coyotes presents itself they should take advantage of that opportunity. If it brings no resolution then they must follow through on cancellation of the contract.

Just think about it. Many question why now? Quite frankly, it is irrelevant. The makeup of the city council changed with this past election. The original 4 councilmembers that approved the contract dwindled to 2 creating an environment that allowed the facts as known to the city to be considered and acted upon.

Just think about it. The greater question is what has happened to civil society?  America is great because one of its bedrock values is freedom of speech. Everyone, on either side of this issue, has the freedom to express an opinion but it should be tempered speech based on the facts. It is acknowledged that the Coyotes fans are stunned and angered by the recent city action. In their anger some have allowed emotion to override common decency.

Just think about it. One action that is stark in its viciousness was that of Ms. Rhonda Pierson on the night of the special voting meeting. Ms. Pierson expressed the beliefs of some Coyotes fans and she had the right to do so but the vindictiveness of her speech was out of bounds. Social media has turned her into a heroine of some sort despite the ugliness of her delivery. I didn’t catch it if she announced it but did she acknowledge that she was (or may still be) an employee of the Coyotes organization?

Just think about it. Then today, June 13, 2015, Mayor Weiers who had announced that he was willing to be tazed to raise money for the 100 Club (mission: support of law enforcement families) was tazed by Ms. Pierson. The event was intended to be a great gesture in support of law enforcement recently vilified nationwide. By choosing Ms. Pierson as the designated person to taze the mayor it turned into a distasteful event that made many people uncomfortable. It wasn’t done in the spirit in which it was originally intended but rather turned into a symbolic expression of vindictiveness for the city’s recent vote to void the contract. Those behind the choosing of Ms. Pierson to perform the act have sunk to a new low and are no better than those within the city they currently choose to hate. It was petty and mean spirited.

Just think about it. Social media is a platform that creates a herd mentality and its anoninimity emboldens some to exceed the bounds of common civility. It encourages an atmosphere that causes mass salivation of others’ perceived misfortunes or misdeeds and often reactions are based on raw emotion in the absence of any fact. The level of vituprativeness and ugliness of some folks’ speech has risen to an unprecented level not just locally but on issues throughout the country.

Just think about it. There are probably about 100 local fans that use social media on a regular basis. They have been whipped into frenzy, in part, by the comments made by Anthony LeBlanc as he recently made the media rounds. Did anyone bother to take note that he had to walk back some of his misstatements? Such as, they were never asked by the city to consider renegotiation or Tindall was the only former Glendale employee ever connected to the Coyotes.

Just think about it. There are about 239,000 residents of Glendale. The arena holds slightly north of 17,000. If everyone of the 17,000 was a Glendale resident that would be one twelfth of Glendale right now. In a survey done by one of the TV stations it was reported that 59% of the Glendale residents surveyed supported the cancelling of the IceArizona contract.

Just think about it. If some wish to boycott Glendale’s businesses in protest, that is their right. If some wish to mount recall petitions against every Glendale councilmember, that is their right but ugly expressions of anger directed to the city are not right if one respects the bounds of common decency.

Just think about it. The media has reported that in the next few days IceArizona and city personnel will meet. Let us hope that a long and costly court battle can be avoided. Let us hope that they can work out their differences regarding the contract. I really would like to see the Coyotes stay in Glendale but not at the current rate of taxpayer subsidization.

Just think about it. If nothing comes of their meeting I wish the Coyotes well, perhaps playing in Phoenix. The only nagging question that comes to mind is who is going to pay the Coyotes $15 million a year to play in their facility? The City of Phoenix? Or Robert Sarver?

© 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.

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

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

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

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

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

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

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

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

“24.13 Conflicts of Interest

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

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

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

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

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

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

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

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

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

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

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

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

© Joyce Clark, 2015

FAIR USE NOTICE

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

 

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

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

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

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

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

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

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

© Joyce Clark, 2015

FAIR USE NOTICE

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

It has been 17 years and 155 days since the city’s pledge to build the West Branch Library.

As a registered “Interested Party” in Glendale I, along with other Glendale residents, receive notifications of zoning & rezoning applications, conditional use permits, variances, etc. You can be added to the Interested Parties list by contacting Glendale’s Planning Department. Today I received the following letter and I quote the letter in its entirety:

May 26, 2015

Tony Frye                                                                                                                                                                                                                                         6512  N. Sarival Ave.                                                                                                         Litchfield Park, AZ  85340                                                                                                                         Fax: 623-935-5377

Dear Neighbor:

This letter is to inform you that I am applying for a rezoning application with the City of Glendale. The property is at 6502 North Sarival Avenue in the Yucca District.

Our family property sits on 60 acres with ample exposure to the new Loop 303 freeway. The current zoning is rural due to the farming that has dominated this area for generations. The new freeways brings more uses in the realm of Possibility, which is why we are asking for a rezoning of our property to permit and M-1 (light industrial) zoning category. This zoning category provides us the most flexibility when it comes to potential uses. ADOT has estimated that 13,000 motorists use the Loop 303 today and that number is only going to rise exponentially over the next 20 years. Our aim is to acquire the property rights to construct two billboards along the Loop 303 frontage which will provide the opportunity for advertisers to highlight some of the upcoming commercial developments that are helping bring aware to the west valley cities (i.e. Vistancia, New Auto Mall and 1.3 million sqft (sic) retail development).

Please write, fax or call me at the contact information above. You may also contact Thomas Ritz with the City of Glendale at 623-930-2588.

Sincerely,

Tony Frye

The land in question sits at Glendale Avenue and the Loop 303 and is within Luke Air Force Base’s 65 LDN.  The rezoning requested is appropriate for land within Luke’s noise contours. The problem is the applicant is not presenting a development package for the land. All the applicant wants is the right to plant billboards on the land now. It is presumed that the land will continue to be used for agriculture.

I don’t believe city council has had an opportunity to address the issue of billboards along the Loop 303. It may be appropriate in some spots along the freeway and not appropriate in other spots. Until Glendale adopts a design plan for the Loop 303 corridor this rezoning consideration and approval is premature.

It appears as if the Becker Billboards application will indeed be precedent setting if approved by city council on June 23, 2015. As a Glendale resident feel free to contact Thomas Ritz, Glendale’s Senior Planner at tritz@glendaleaz.com . Direct your comments not only to the Planning Department but to the citizen Planning & Zoning Commission as well.

© Joyce Clark, 2015

FAIR USE NOTICE

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

It has been 17 years and 154 days since the city’s pledge to build the West Branch Library.

Last night , June 4, 2015, the Glendale citizens’ Planning & Zoning (P&Z) Commission met to approve or deny the second round of Becker Billboards’ application to plant billboards at Loop 101 and Bell Road.  The first round occurred on February 26, 2014 with a recommendation of denial by P&Z followed by the March 25, 2014 denial by the city council. Let’s hope that city council also denies this request.

The staff presenter was Senior Planner Thomas Ritz. In summary the Planning & Zoning Department was recommending denial of the application because:

  • It does not serve the best long term interests of the city
  • It is inconsistent with the city’s General Plan
  • The specifics filed by the applicant do not match Glendale’s Northwest Plan specifics
  • It is precedent setting for the entire city

Mark Becker of Becker Billboards spoke on his own behalf as the applicant. Mr. Becker’s arguments were focused on:

  • The city has approved digital billboards similar to his request in Westgate
  • The city of Peoria has a plan to erect billboards on its side of the Loop 101 once his application is denied
  • The applicant’s billboard proposal is consistent with the surrounding commercial activity on Bell Road

After nearly an hour and a half of public comment the P&Z Commission voted unanimously to pass it on to city council with a recommendation of denial. The first hurdle is cleared. It will now be heard by the city council on June 23, 2015.

A troubling aspect of Becker’s attempt to gain approval for his digital billboards was his use of veterans and the American Legion. Apparently vets were bused in from a group home in Phoenix to speak on the issue but had to leave prior to speaking to get back to the home on time. Since Becker had used his billboards to advertise on behalf of the American Legion he asked that they speak in support of his application. It was a calculated move designed to elicit sympathy for his application.

In a rare meeting of the minds on June 3, 2015 the Arizona Republic published an editorial entitled Glendale looks too dirty to clean up its auditing mess. Stunningly their editorial calls for an independent third party to assess Glendale’s audit. In a previous blog I had raised questions about the audit after the Assistant City Auditor McDermott-Fields resigned because her findings were changed by City Auditor MacLeod. I also raised the question of the close ties between MacLeod and former City Attorney Craig Tindall, now an attorney for IceArizona.

The Republic made a good call but a better one would be for the city to release the audit findings. There is a stipulation in the management agreement prohibiting the release of actual figures as proprietary information to IceArizona. Fine — but that does not preclude the city from releasing information that either stipulates that the figures supplied by IceArizona are correct or deficient. The fact that the public cannot see the numbers does a disservice to every Glendale resident and taxpayer whose tax dollars subsidize IceArizona. So much for transparency — a pledge that every currently sitting councilmember ran upon.

At the June 2, 2015 city council workshop meeting a presentation was made by Tom Sadler, President & CEO of the Arizona Organizing Committee for the college football playoff National Championship to be held at the University of Phoenix Stadium on January 11, 2016. This event is part of a new collegiate football system to determine which college wins the annual title of National Football Champion.

It is modeled after the Fiesta Bowl for which the city receives a partial reimbursement for public safety and transportation costs. Of course, staff time in preparation and other departments’ costs are not tracked. It is a reasonable assumption that the cost to the city will be an estimated $500,000. Senior staff has budgeted $408,080.00 for the event. Even though that is the city’s current budget (sure to increase) don’t assume that the city will be reimbursed that amount for it will not. Yes, once again, the taxpayers of Glendale will be asked to subsidize yet another sporting event for which the entire Metro area of Phoenix will profit. Aren’t you tired of it yet??

© Joyce Clark, 2015

FAIR USE NOTICE

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

It has been 17 years and 150 days since the city’s pledge to build the West Branch Library.

The Arizona Republic of June 1, 2015 has a front page story by Peter Corbett entitled Glendale staffer quits over altered arena audit. Here is the link: http://www.azcentral.com/story/news/local/glendale/2015/06/01/glendale-staffer-resigns-arena-audit/28289641/ . Corbett reports that Assistant City Auditor Andrea McDermott-Fields resigned as a result of a conflict with City Auditor Candace MacLeod over the Coyotes audit.

A little history is in order. Two years ago the city audited its Risk Management Trust Fund. The audit was performed by MacLeod. MacLeod was supported by and worked very closely with former City Attorney (now attorney for IceArizona) Craig Tindall. MacLeod was part of the Frisoni-Burdick group that lobbied me (and I assume, other councilmembers) to appoint Craig Tindall as Interim City Manager rather than Horatio Skeete. This is “inside baseball” stuff and wouldn’t be commonly known.

I, and I assume the other councilmembers, were not aware of the fact that MacLeod’s husband did contract work in broadcasting for the Coyotes until 2011. Just as in the case of former Assistant City Manager Julie Frisoni and her husband’s work for Insight Technology (a company that recently received a contract renewal from the city) there is a perception of conflict of interest. Just as Frisoni should have signed a disclosure statement it would have been prudent for MacLeod to divulge her possible conflict in reviewing the Coyotes recently submitted audit. The perception, rightly or wrongly, is that MacLeod might have had a reason to insure that IceArizona, owner of the Coyotes, didn’t look too bad.

What makes this situation even more questionable is that IceArizona stalled on releasing its audit. It should have been submitted to the city no later than September (60 days after the end of the Fiscal Year which ends June 30th). The city didn’t receive it until recently. In anticipation of receiving the IceArizona audit in a timely fashion the city hired Tony Tavares (once part of a group interested in buying the Coyotes) to audit the IceArizona submission. Presumably Tavares’ audit was completed and turned over to the city for confirmation. That is where MacLeod enters the picture. MacLeod assigned the job to McDermott-Fields but would have reviewed and approved the final work product.

According to Corbett McDermott-Fields in her April 21 letter of resignation said, “The basis of my resignation is that you have changed my findings in a way that is not acceptable to me or in accordance with the information that I have gathered.” As a result of McDermott’s resignation and the reason for it Jim Brown, the city’s human resources director did an inquiry regarding McDermott-Fields’ resignation but did not include a review of any of MacLeod’s changes to McDermott-Fields’ audit findings. Corbett related that “MacLeod told Brown that some of McDermott-Fields’ ‘documentation was inaccurate, incomplete, unclear, in some cases inflammatory and at times based on (McDermott-Fields’) opinion, which had not been confirmed with the city attorney or others’.”

MacLeod’s statement to Brown raises so many red flags I’m not even sure where to begin. In the article McDermott-Fields stated, “She is certified as an accountant, internal auditor and fraud examiner, adding that she has more than 25 years of experience.” Add to that she appears to have no ties or relationships to anyone associated with IceArizona and the Coyotes. She probably has more experience than MacLeod. She appears to be a neutral party and called it as she saw it.

It seems as if MacLeod trashed McDermott-Fields’ work because she didn’t like the result. I am also intrigued by McDermott-Fields’ comment, “MacLeod seemed hostile to her when they met to discuss the audit findings and (MacLeod) ‘accused me of throwing her under the bus’.” That also raises red flags. What was MacLeod upset about in McDermott-Fields’ audit findings? Who is MacLeod trying to protect? The city, IceArizona or both? No, something stinks about the whole situation.  It appears to be another CYA move by Brown and Tom Duensing in an effort to avoid city embarrassment because an employee called the audit as she saw it and it might have shown that the city was being short changed by IceArizona in the revenues it received.

The shame of it all is that we will never know the results of the city’s audit. Why? Because former City Manager Brenda Fischer, in an apparent stunning lack of competence, signed a separate agreement with Anthony LeBlanc of the Coyotes, agreeing to keep the audit confidential. She didn’t have to do that. The management agreement between the city and IceArizona stipulated that the city has the right to audit and there was no requirement of confidentiality. If the agreement had been followed without the separate Fischer-LeBlanc amendment the audit would be publicly available. Then we would know who was right in her findings…MacLeod or McDermott-Fields. Somehow or another I’m betting McDermott-Fields was right on the money.

© Joyce Clark, 2015

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

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

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

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

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

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

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

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

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

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

© Joyce Clark, 2015

FAIR USE NOTICE

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

It has been 17 years and 147 days since the city’s pledge to build the West Branch Library.

We all know about the billions the NFL (as a non-profit organization) made from the Super Bowl. It is estimated that the city lost somewhere between $1 and $1.6 million dollars. It turns out it was lucrative for some city employees working overtime for these major events. A total of 305 city employees were credentialed for the Super Bowl. They did not have assigned seats but that would not have prevented them from being in attendance. Many of them worked. The guys and girls on the line – 36 firefighters and 92 police officers – worked hard that day. Some credentialed employees in attendance if truth be told didn’t work at all but certainly were in attendance.

Fire Department numbers and figures provided under a Public Record Request reflect combined Pro Bowl and the Super Bowl figures as the department did not track each of these events separately. However the Fire Department had 105 of its employees credentialed for the Super Bowl (Please note: The Public Records Request provided names of all credentialed employees. I chose not to use them):

  • Fire Chief -1
  • Deputy Chief -1
  • Deputy Fire Chief-1
  • Executive Assistant Fire Chief-1
  • Deputy Chief of Logistics-1
  • Assistant Chief of Operations-1
  • Assist Chief of Logistics & Personnel-1
  • Deputy Chief of EMS-1
  • Fire Marshall-1
  • Assistant Fire Marshall-1
  • Deputy Fire Marshall-3
  • Division Chief of Communications-1
  • Division Manager-1
  • Resource Manager-1
  • Inspector-1
  • Battalion Chief-2
  • Acting Captain EMS-1
  • MD-1
  • Administrative Support-5
  • Administrative Supervisor-1
  • Firefighter-36
  • Fire Engineer-11
  • Fire Captain-29
  • Cadet-2
  • Recruit-1

Rates of pay differed for the top five earners encompassing all 3 major events (Fiesta Bowl, Pro Bowl and Super Bowl)  and each earned (again names were provided and I chose not to use them):

  • Fire Captain at 148.75 hours for $11,339.21 (Overtime at $76.23 per hour)
  • Fire Captain at 138.50 hours for $10,939.73(Overtime at $78.98 per hour)
  • Fire Captain at 98 hours for $7,235.34 (Overtime at $73.83 per hour)
  • Fire Engineer at 152 hours for $7,081.68 (Overtime at $46.13 per hour)
  • Division Manager at 19 hours for $4,180.00 (Overtime at $220 per hour)

Police Department numbers and figures provided under a Public Record Request do reflect the Super Bowl figures alone. The Police Department had 190 of its employees credentialed for the Super Bowl (Please note: the Public Records Request provided names of all employees. I chose not to use them):

  • Police Chief-1
  • Assistant Chief-2
  • Lieutenant-9
  • Commander-6
  • Detective-1
  • Sergeant-18
  • SWAT Sergeant-3
  • Sergeant EOD-1
  • EOD Officer-4
  • Sergeant K9-1
  • PIO Lieutenant-1
  • PIO Sergeant-1
  • PIO Officer-3
  • Detention Manager-1
  • Detention Officer-2
  • OIT Officer-1
  • Check In-5
  • Dispatcher-3
  • Communications-6
  • SWAT Officer-24
  • Officer-92
  • K9 Officer-5

The rate of pay for these Sergeants was $45.22 per hour (Again I chose not to use names):

  • Sergeant for 123 hours at $5,561.25
  • SWAT Sergeant for 70 hours at $3,165.27
  • SWAT Sergeant for 66 hours at $2,984.40
  • Sergeant for 60 hours at $2,713.09
  • SWAT Sergeant for 55 hours at $2,486.99

Of the total of 305 City of Glendale employees credentialed for the Super Bowl 10 were not Public Safety employees. Some of the more notable non Public Safety credentialed employees were:

  • Former City Manager Brenda Fischer
  • Former Assistant City Manager Julie Frisoni
  • Current Assistant City Manager Jennifer Campbell
  • Intergovernmental Director Brent Stoddard
  • Former Communications Director Julie Watters
  • Development Services Director Sam McAllen
  • Program Administrator of Economic Development Jean Moreno

When asked under a Public Records Request to verify those employees who actually used their credentials this was the city response, “The city does not have any records to produce that would be responsive to this request. The credentials provided did require the user to scan in and out upon entering the hard perimeter of the stadium; however, the scanning equipment used did not belong to the city, nor was the city provided with any reports or other information about city employee scans.” How about that? The city doesn’t know but presumably the NFL does.

The city’s designated 22 member Operational Planning Team for the Super Bowl was comprised of the following employees:

  • Richard Bradshaw – Police
  • Cathy Colbath – Public Works
  • Justine Cornelius – Building Safety
  • Chris DeChant – Fire
  • Trevor Ebersole – Traffic
  • Walter Fix – Airport
  • Patty Frey – Fire
  • Jon Froke – Planning
  • Julie Frisoni – Communications/Asst. City Manager
  • Anthony Gavalyas – Fire
  • Joe Hengemuehler – Communications
  • Tamara Hicks – Licensing
  • Charles Jenkins – Fire
  • Matt Lively – Police
  • Sam McAllen – Code Enforcement
  • Jean Moreno – Economic Development
  • Tabitha Perry – Planning
  • Lorraine Pino- Convention Bureau
  • Claire Smith – Management Aide
  • Kristen Stephenson – Economic Development
  • Brent Stoddard – Intergovernmental Relations
  • Julie Watters – Communications

Quite a few of the members of this committee are department heads and even directors of departments. In city hierarchy their time was very valuable in terms of pay. Yet the city never tracked their hours of planning nor counted their hours of meeting as an identified cost incurred by the city for the Super Bowl. The same can be said of the 16 member Public Information Officers group comprised of the following:

  • Tracy Breeden – Police
  • Jackie Cole – Police
  • Ronald Hart – Fire
  • Joe Hengemuehler – Communications
  • Tamra Ingersoll – Communications
  • Sam McAllen – Code Enforcement
  • Jean Moreno – Economic Development
  • Jay O’Neil – Police
  • Robin Phillips – Communications
  • Laurie Sapp – Media Center
  • Daniel Senese – Fire
  • Rochelle Thomas – Police
  • Daniel Valenzuela – Fire
  • David Vidaure – Police
  • Julie Watters – Communications
  • Michael Young – Fire

Jean Moreno, Sam McAllen, Joe Hengemuehler and Julie Watters worked within both groups. These 2 groups were made up of 34 employees some of whom are high salaried employees. What remains troubling is that no accounting of their time and talent is tracked by the city yet they are expenses that the city incurred to host the Super Bowl.

Whatever figure the city claims as its cost to host the Super Bowl is bogus as long as all costs are not tracked. Employee time and wages are one component of the cost. What about equipment used? Police and fire vehicles, sanitation trucks, transportation equipment, etc. the city used? What about O&M costs for these vehicles? What about other equipment or personnel I wasn’t wise enough to ask for in attributing costs? Although my Public Record Requests were as specific and detailed as I could make them there were sure to be items I never thought of including. As we all know if you don’t specifically ask, you won’t get it. The city is not going to volunteer to give up information.

There you have it. Based on the information provided by the city I did my best to calculate expenses and revenues for hosting the Super Bowl. After all is said and done, Interim Assistant City Manager Tom Duensing’s figure of $2.2 million is incorrect. Add another million to two million dollars and you would be in the ball park. Perhaps the city will take note and if there should ever be another Super Bowl in Glendale city administrators will make every effort to track ALL costs not just the most visible – Public Safety. The city loses money owning the spring training ball park and the arena. Should it consciously continue to lose money hosting the Super Bowl and other major events? Perhaps it’s time to revisit any and all contracts associated with these major events as a means of city loss prevention. We love hosting them but the taxpayers of Glendale should not have to pay for them. It is incumbent upon the city to insure that all event promoters pay their fair share to alleviate the burden of loss the city continues to experience.

By the way, the city in its city council meeting of May 26, 2015 refunded $3 million dollars to AZSTA (Arizona Sports and Tourism Authority) in sales tax. That sales tax would have gone a long way to covering the loss sustained by the city. What’s wrong with this picture?

© Joyce Clark, 2015

FAIR USE NOTICE

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

© Joyce Clark, 2015

FAIR USE NOTICE

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