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Joyce Clark Unfiltered

For "the rest of the story"

Oct 14

14

Monopoly: I’ll give you a casino for my arena

Posted by Joyce Clark on October 14, 2014
Posted in Arizona Coyotes • Casino • City Council Actions • City issue and actions • City of Glendale • Glendale elected officials  | Tagged With: , , , , , , | 9 Comments

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

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

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

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

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

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

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

© Joyce Clark, 2014

FAIR USE NOTICE

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

Jul 14

26

More situational ethics

Posted by Joyce Clark on July 26, 2014
Posted in City Council Actions • City issue and actions • City of Glendale • Glendale elected officials • Glendale finances • Jobing.com arena  | Tagged With: , , , , , , | 19 Comments

A comment received in response to my blog entitled Situational Ethics was that the commentator had talked to Councilmember Gary Sherwood who named me as the leaker to Darrell Jackson (reporter for the Glendale Star and original FOIA requester) of the infamous Sherwood email. There can be but one response to such ignorance and idiocy. My thanks to a  friend who sent me this YouTube clip that sums up my response perfectly: https://www.youtube.com/watch?v=5hfYJsQAhl0 .

Councilmember Sherwood has responded to the allegations publicly, most notably in Darrell Jackson’s article in the Glendale Star. Here is the link: http://www.glendalestar.com/news/headlines/article_b55d0f60-1122-11e4-a1bb-0019bb2963f4.html . Let’s see what Mr. Sherwood has to say for himself, “It is no secret that I was pushing for the Coyotes,” Sherwood said by phone. “At the time we had acting attorney and city manager and a deputy city manager that we were not trusting of.” That in and of itself, is an incredible statement. Sherwood and the rest of council had enough confidence in Dick Bowers and Nick DiPiazza to appoint them as Acting City Manager and Acting City Attorney, respectively. Bowers and DiPiazza had been given direction by a majority of council (Sherwood, Martinez, Knaack and Chavira) to execute the best possible management agreement for the city with IceArizona. Bowers and DiPiazza took their obligation to craft the best deal possible seriously. Bowers, in fact, had publicly stated that he was concerned about the management fee of $15 million annually and its impact on Glendale’s precarious financial situation. Apparently this did not sit well with Sherwood, et.al. No wonder Sherwood and crew were doing an end-run around Bowers and DiPiazza by meeting with the IceArizona attorney, Nick Woods, and negotiating the deal. More situational ethics.

Sherwood goes on to say, “All of the items discussed (at the meeting with Wood) were supposed to be posted on our website; they just got delayed in posting.” That is no excuse for divulging Executive Session material. Sherwood’s expectation that it would eventually be publicly posted was not a valid rationalization for his giving Executive session material to Woods. More situational ethics.

Sherwood explains his direction to Martinez to delete the email by saying, “That last line was damning to look at, it was just for information.” He goes on, “Manny had no personal e-mail account, that (to delete) was for his benefit. I just wanted him to be careful so I just suggested he delete it.“ If the email had been appropriate to begin with, there would be no need to instruct Martinez to delete it. More situational ethics.

Sherwood’s dismissive attitude is reflected in, “We have had so many things go to the AG and it is another thing for them to look at. I just don’t see anything becoming (sic) of it.” He may be the only person on the planet to feel this way. The allegations of Open Meeting Law violations are serious this time. He practically calls out the Attorney General’s Office as being ineffectual.

Lastly, Sherwood says, “…he feels that this is a personal attack and was upset with the way it is being handled.” Why? Because he wasn’t given advance notice that a complaint was being filed? Welcome to the world of politics.

It is no secret that Gary Sherwood’ ambition is to become the next Mayor of Glendale. After all, since he was elected as a councilmember he has repeatedly tried to assume that role usurping Mayor Weiers at every available opportunity. It is also no secret that he can be extremely arrogant and rude. It has been demonstrated numerous times in his manner of response to citizen public hearing comments at council meetings. For example, his reaction to citizen comments on the billboard issue was to dismiss their lack of knowledge on the issue and to berate the numbers of anti-billboard attendees.

Many find it creditable to believe that Sherwood lined up four votes for an approval of the IceArizona contract. There has been rampant speculation for over a year that he and Chavira traded votes. Chavira would vote for the management agreement if Sherwood would vote for the casino. Coincidentally, Sherwood who ran on a platform of opposition to the casino flip-flopped and came out in favor of the casino in August, 2013, after the vote on the arena management deal. Many also believe that Sherwood was taking the lead and personally negotiating the arena contract and side-stepping the responsibilities of Glendale’s senior management. At that time he made public statements in media interviews which he used to portray himself as taking the lead position.  Is it any wonder that his actions are now under scrutiny?

It’s also no secret that many have expressed concern that Sherwood may have used the same tactics to secure a very recent council majority vote (Sherwood, Chavira, Alvarez and Hugh) of support for the proposed Tohono O’odham casino. That meeting appears to have been choreographed by the same 4 majority councilmembers who voted in the affirmative. Did they collude prior to the meeting causing yet another Open Meeting Law violation? I don’t know but I suppose over time we will all find out. A spider’s web of deceit and deception seems to be the hallmark of this council – a notion troubling many Glendale residents.

© Joyce Clark, 2014

FAIR USE NOTICE

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

Jul 14

22

Situational ethics

Posted by Joyce Clark on July 22, 2014
Posted in Arizona Coyotes • Blogs • City Council Actions • City issue and actions • City of Glendale • Glendale elected officials • Jobing.com arena  | Tagged With: , , , , , , , | 19 Comments

Yesterday’s blog entitled “Please delete this email after you read it” regarding Councilmember Gary Sherwood’s email resulting in an allegation of violation of the state’s Open Meeting Law created quite a bit of controversy rippling through the Coyotes world, Glendale’s political world and even the journalistic world. I suppose the reaction from the Coyotes world is the most predictable.  As anyone would expect, the Coyotes fans are fiercely loyal and anything that raises the specter of the disappearance of their team from Glendale sends them into overdrive. Their first reaction is to kill the messenger. In this case that includes not only me but Mayor Weiers, the Glendale Star and the Arizona Republic.  They denigrated Mayor Weiers for outing actions that may prove to be illegal. They gnashed their teeth over my blog and the newspapers’ articles because they perceived the information as yet another hit on their beloved team.

What they fail to recognize is that while the 4 councilmembers’ actions preceded a vote on the Coyotes deal, those actions could have preceded any council vote on any issue.  The troubling issue for many people is not the outcome of the vote but rather the actions that preceded and led up to the vote. The allegation is not about the Coyotes. The allegation is about improper behavior by 4 councilmembers. An investigation by the AG’s Office will surely answer the question, did they collude behind closed doors prior to the vote? Did they conduct city business secretly to assure a positive vote? Why speak to the issue of a possible Open Meeting Law violation when instead fans can deride the messengers? Why is it alright to dismiss possible illegal behavior because it is associated with a vote on the Coyotes deal? It’s a case of situational ethics.

The reaction from the Glendale political world is also predictable. It was learned that when the email first came to light, Vice Mayor Knaack denied attending the meeting. However, that would never do and would not last long. It would have had Sherwood and Knaack as adversaries; something they can ill afford right now. Today, the explanation given is that Sherwood and Knaack were in the same car when they received a cell phone call from Woods. Two things are questionable about this scenario. Where was Sammy? After all, Sherwood in his email says, “Sammy is already on board as he was with us last night.” Even if you can swallow this car explanation, it doesn’t make the allegation go away. The Open Meeting Law says, “Splintering the quorum can be done by meeting in person, by telephone, electronically, or through other means to discuss a topic that is or may be presented to the public body for a decision.” Note that they are not denying the basis of the allegation. Are they trying to muddy the waters by responding to minutia such as where they were when the meeting of the 3 and Woods took place? It’s another case of situational ethics.

The reaction from the print world can only be described as fascinating. Yesterday afternoon, July 21, I received a phone call from Paul Giblin, an Arizona Republic reporter. He proceeded to express his offense that I dared to say that I had scooped reporter Peter Corbett and the Arizona Republic.  He opined that my writing was done on the back of Peter Corbett who had made the FOIA request. He said that my journalistic standards were not as high as that of the Arizona Republic’s, and ended by saying; enjoy writing your little blog.

Later that day, I learned that Darrell Jackson of the Glendale Star had made the same kind of FOIA request. Who made the first request?  Update: July 23, 2014. I learned today that Darrell Jackson made the original FOIA request over 2 weeks ago. Did Peter Corbett do his story on the back of Darrell Jackson? Isn’t it weirdly coincidental that 2 reporters made the same FOIA request? Even more interesting is who tipped them off to the Sherwood email and why? What was the source’s motive for doing so? Situational ethics once again.

As for journalistic standards…hah…that’s like the pot calling the kettle black. Arizona Republic readers have complained about the perceived bias in this paper’s stories for years; to the point that it has become legendary.   Paul Giblin’s outrage is much ado about nothing. More situational ethics.

© Joyce Clark,

2014 FAIR USE NOTICE

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

Jul 14

21

Please delete this email after you read it

Posted by Joyce Clark on July 21, 2014
Posted in City Council Actions • City issue and actions • City of Glendale • Glendale elected officials • Jobing.com arena  | Tagged With: , , , , , , , , , , | 23 Comments

Sherwood signatureVery recently I received this email over the Glendale city hall transom. It was produced as a result of a Freedom of Information Request. It is an email sent by Councilmember Gary Sherwood to Councilmember Manny Martinez and Jeff Teetsel (IStar manager of Westgate). It was sent on June 29, 2013 approximately one week before a majority of the Glendale City Council voted to accept the $15 million a year management agreement with IceArizona.

The main figures in the Glendale cast of characters at that time were: Mayor Jerry Weiers, Vice Mayor Yvonne Knaack, Councilmembers Martinez, Hugh, Alvarez, Chavira and Sherwood. The Acting City Manager was Dick Bowers and the Acting City Attorney was Nick DiPiazza. Nick Woods represented IceArizona in contract negotiations for management of the city’s arena.

SherwoodtoMartinezJune292013_Page_1 Blog

Sherwood email to Martinez

 

 

 

 

The actual email is pictured to the left but the text reads as follows:                                                                                       To: Martinez, Manny; Jeff Teetsel                                                     From: Sherwood, Gary                                                                                                                                                    RE: Out Clause and Risk Topics

“Yvonne and I spend over an hour with Nick Woods last night and out of the three concerns from what I shared with Nick after our e-session yesterday (as of 7:45p, Nick has not seen the city’s revised draft which was promised right after we got of e-session nor had it been posted to our website – consequently both happened by 8:45p) two were okay with the city and had to deal with the errors the city made — #1, we don’t own the 5500 parking spots we’re proposing to charge for therefore it must be a license agreement and not a license agreement  (sic) #2) since the bonds that are held against the arena are tax exempt – only a governmental agency can hold those bonds so some different language has to be brought in – city agreed with that. The third item is problematic in that it is against the NHL for cities to hold out-clause and none of the other 29 cities have one. That would allow the city to just kick the team out, where would they play, what if in the middle of the season.

“I don’t have the time to get into all the details but I’ve known Nick Woods for a long time and know him to be a trusted friend and right now I can’t turn my back away from anyone in the city manager’s office or out (sic) acting city attorney.

“Manny, I’ve got a booked day with two Habitat for Humanity events, three radio interviews and two TV spots so contact Yvonne for details of our conversation. Sammy is already on board as he was with us last night.

“Thanks for hanging in there!

“Manny – please delete this email after you’ve read it.”

Thanks,

Gary D. Sherwood

There are several issues of grave concern with this email. The most serious is a possible violation of the State’s Open Meeting Law.  The following is taken from the AG’s office explanation of one section of the Open Meeting Law:

 “7.5.2 Circumvention of the Open Meeting Law.Discussions and deliberations between less than a majority of the members of a governing body, or other devices, when used to circumvent the purposes of the Open Meeting Law violate that law. See Ariz. Att’y Gen. Op. 75-8; Town of Palm Beach v. Gradison, 296 So. 2d 473 (Fla. 1974). Public officials may not circumvent public discussion by splintering the quorum and having separate or serial discussions with a majority of the public body members. Splintering the quorum can be done by meeting in person, by telephone, electronically, or through other means to discuss a topic that is or may be presented to the public body for a decision. Public officials should refrain from any activities that may undermine public confidence in the public decision making process established in the Open Meeting Law, including actions that may appear to remove discussions and decisions from public view.”

What the explanation above means is that there are to be no private discussions by a majority (4 councilmembers or more) of the governing body if the topic of the discussion is about a matter to be voted upon by the city council. The IceArizona contract was voted upon one month later. The law also prohibits an elected official (councilmember) from acting as a “go-between,” relaying a position on an issue to be voted upon from one councilmember to another.  Sherwood’s email shows him relaying information to Martinez he had discussed the previous night with Nick Woods, Knaack and Chavira. That action is known as “daisy-chaining.”

Sherwood, Knaack, Martinez and Chavira were the 4 affirmative votes for the IceArizona contract. All four could be considered equally culpable of a possible violation of the Open Meeting law by discussing/negotiating elements of the Coyotes contract amongst themselves, privately, when it was soon to come before them for a public vote… all the while excluding the remaining 3 councilmember: Weiers, Hugh and Alvarez.  

Another alarming admission by Sherwood in this email is that he shared Executive session material with Nick Woods. The city was negotiating with IceArizona. The ad hoc discussion between Sherwood, Knaack and Chavira and Woods may have harmed or weakened the city’s position. City contract negotiations are a direct managerial responsibility of the City Manager and City Attorney. Could this action be a violation of the city’s charter? We’ll explore this topic in the next blog.

Every councilmember knows of the prohibition about not sharing E session material. Doing so is a very serious violation of the Open Meeting Law. Sherwood says quite clearly in his email that is exactly what he did with Nick Woods and then attempts to minimize the violation by characterizing Woods as a friend. It makes no difference. E session material is not to be shared with anyone…even friends or family.

It seems that Sherwood was putting pressure on Acting City Manager Dick Bowers and Acting City Attorney Nick DiPiazza to get the IceArizona deal done…quickly. We know that Mr. Bowers publicly addressed the $15 million a year IceArizona (at that time IceArizona was called Renaissance) contract and voiced concerns about Glendale’s fiscal health if it were approved at that figure. In a June 23, 2013 Dick Bowers memo to city council he said, “Contrary to what might appear in the papers I don’t see this as a ‘done deal’. Far from it.” He went on to say, “I cannot shake the concern for the level of risk expected to be borne by the city…I keep coming back to that same level of discomfort of Glendale having all of the risk in this deal.” Clearly Bowers had substantial concerns and it is not unreasonable to think that Sherwood was advising Bowers that he had the four votes needed to approve the deal.

From this email we can see who was talking to who privately about this issue. Sherwood seems to have taken the lead and all 4 councilmembers may have been negotiating collectively yet privately with IceArizona’s attorney. He acknowledges Knaack and Chavira as participants in his meeting with Nick Woods. He then sent his summary email to Martinez.

names                                                

Why did Sherwood ask Martinez to delete his email after reading? It appears to be tantamount to an admission that its contents should not have been memorialized.  There are so many questions and so few answers. Is it possible that Sherwood asked Martinez to delete his email because he realized he was “daisy-chaining?” Did Martinez delete this email as requested? Maybe…maybe  not, leading to its discovery now, over a year later.

Sherwood’s email and his comments within it warrant an investigation by the Attorney General’s Office to determine the validity of Open Meeting law violation allegations sure to arise as his email becomes more and more public. At this point, Sherwood’s email raises a lot of questions. I suspect that it may generate many citizen complaints to the AG’s Office. From my years of experience on council, it looks like a “smoking gun,” written by Sherwood himself that implicates him and 3 other councilmembers in possible Open Meeting Law violations.

So, for all those citizens who spoke in favor of or against the Coyotes deal the night council voted on the matter, it was in vain. It appears that 4 councilmembers, Sherwood, Knaack , Martinez and Chavira, had already made their minds up and shared their positions with one another at the end of June, 2013.

Update 1:00 PM. I am pleased to report that I have scooped the Arizona Republic. At 11:16 AM I published my blog on the Sherwood email. At 12:30 PM Peter Corbett, a reporter for the Arizona Republic released his story on the same Sherwood email. Here is the link:

http://www.azcentral.com/story/news/local/glendale/2014/07/21/glendale-mayor-council-members-violated-open-meeting-law/12956523/ . I knew Corbett had made the FOIA request for said email but I was perplexed because there was no Arizona Republic story. I was beginning to think someone had quashed it.

Mayor Jerry Weiers is considering filing a complaint with the AG’s office. If after reading this blog and Corbett’s article, you think Mayor Weiers should file a complaint, please send him an email at: jweiers@glendaleaz.com and let him know you support such an action.

© Joyce Clark, 2014

FAIR USE NOTICE

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

 

May 14

28

Restraint of trade?

Posted by Joyce Clark on May 28, 2014
Posted in City issue and actions • City of Glendale • Glendale elected officials • Glendale finances • Jobing.com arena • University of Phoenix Stadium • Westgate  | Tagged With: , , , , , , , | 7 Comments

Caitlin McGlade had a story in the Arizona Republic of May 28, 2014 entitled Glendale to collect less than projected on Coyotes Accord. I found the spin by stakeholders fascinating. For instance, Monty Jones, of Global Spectrum and general manager of the arena, had the following to say about the non-hockey events booked into the arena this year, “it had a successful year.” Wow. They set the bar so low that no one can see it. Seven non-hockey, revenue earning events is embarrassing when the anticipated number of non-hockey, revenue producing events was in the 20’s. Jones went on to say, “The company hopes to book more events next year.” I hope to win the Pulitzer Prize next year but it isn’t going to happen. So far, it’s not looking so good for Mr. Jones, et.al., with 5 non-hockey, revenue producing events booked in the arena for next year.

Parking revenues continue to be a problem for IceArizona and the city with cheaper parking available at the Cardinals’ stadium and another 3,000 free spaces throughout Westgate. Who would have guessed? After all the ink on the management agreement was barely dry when  the Cardinals announced that they would undercut the Coyotes parking charge and the Westgate manager announced that there would be no change in their policy of keeping spaces free during hockey games.

The article went on to say Councilmember Sherwood’s solution was, “that the city consider blocking off a road to make it more difficult to access those lots (stadium lots) during arena events. Councilmember Martinez seemed to think it’s an idea worth considering and said of blocking access, “(it) probably crossed most of our minds.” Those minds would be the four councilmembers who voted for the arena management agreement: Sherwood, Knaack, Martinez and Chavira.

Sherwood’s cock-a-mammy idea of using governmental authority to directly impact a private business in competition with the city is akin to asking for a law suit. What are they thinking? Are they thinking?

© Joyce Clark, 2014

FAIR USE NOTICE

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

Apr 14

25

Another Glendale referendum on horizon?

Posted by Joyce Clark on April 25, 2014
Posted in Casino • City Council Actions • City issue and actions • City of Glendale • Glendale elected officials  | Tagged With: , , , , , , , , , , | 3 Comments

Lately I have been in a “take no prisoners mode.” Think of Peter Finch as Mr. Beale in the film, Network, when he screams, “I’m mad as hell and not going to take it anymore!” I am thoroughly disgusted with the lies and subterfuge offered on various Glendale issues masked in a guise of altruism and high-mindedness. Rather than advancing issues that serve the best interests of our community opinions and actions have degenerated into advocacy of personal agendas. Yes, I know “we all do it” and “it’s done all the time,” usually accompanied by an admonishment to be “realistic.” It’s time to call “a spade,” “a spade” and not the PC description of, “a hand-held implement with a sharp-edged, rectangular, metal blade and a long handle used to loosen or break up the upper strata of the earth.”

The Glendale Star is a perfect example. Newspapers once had the reputation of objectivity in their reportage. Like many other time honored values news objectivity has fallen by the wayside.  When it comes to the proposed Tohono O’odham casino the Glendale Star obviously supports it. It is no secret that its Editor, Carolyn Dryer, attended an Alvarez hosted pro-casino meeting as a like-minded individual. There were also TO representatives in attendance. Her editorial choices seem to clearly reflect her bias.

There is a referendum petition in circulation designed to put the recent council vote to reject US Representative Trent Franks’ HB 1410 on Glendale’s fall ballot. By the way, if HB 1410 successfully passes in the US Senate the TO’s proposed casino will die a righteous death. The defeat or passage of HB 1410 is more critical than the public realizes. Make no mistake. If HB 1410 passes there is sure to be more litigation.

The referendum effort is being led by Glendale resident Gary Hirsch, a former city council candidate. Mr. Hirsch’s position is well known as one of the Glendale citizen plaintiffs in a previous lawsuit against the Tohono O’odham’s (TO) proposed casino.

On April 24, 2014 the Glendale Star Editor Dryer published an opinion piece on the casino referendum issue written by Mike Kenny, its Web Editor. Here is the link: http://www.glendalestar.com/opinion/editorials/. Mr. Kenny’s opinion piece is a puff piece signifying “nothing.” I guess if one cannot speak to the issue the next best course of action is to denigrate it.  He refers to the referendum effort and characterizes it as achieving “nothing.” He goes on to say, “Oh, and it’s (council vote) a non-stance that likely has zero implications. It’s highly doubtful our nation’s Senate – if this bill is ever heard – will take into account the opinion of a city that can barely decide what its opinion is.” Really? If that were the case why did Councilmember Alvarez and her minions work so hard to bring it to a council vote? They believe that rejection of HB 1410 by the city in which the proposed casino would be sited would indeed send a strong signal.

What about other personal agendas on this issue? Those councilmembers who hold a pro-casino position appear to have done so for purely personal reasons not because they believe it is in the best interest of Glendale (although they will proclaim so loudly and often). Councilmember Alvarez seems to be in “pay-back” mode. It’s her way of sticking it to councilmembers who she perceives as having “disrespected” her when she first came on board. It’s purely personal and the TO have taken advantage of her vindictiveness. Councilmember Chavira owes Alvarez and the TO big time for their support and endorsement of his candidacy. It appears that their bill has come due and he is making good on his debt. Councilmember Hugh’s pro-casino stance is in contradiction to his usual fiscal conservatism. It’s been heard his wife is driving his pro-casino stance. Water cooler opinion has it that Councilmember Sherwood who ran as an anti-casino council candidate lusts to become Glendale’s next mayor and is expecting substantial financial support from the TO in his run for that office.

So much for decision making in the best interests of already beleaguered city. After all, it’s just politics. Isn’t it time for Glendale residents to say, “They’re mad as hell, and not going to take it anymore?”

© Joyce Clark, 2014

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Apr 14

5

The casino, again…

Posted by Joyce Clark on April 5, 2014
Posted in Casino • City Council Actions • City issue and actions • City of Glendale • Glendale elected officials  | Tagged With: , , , , , , , , , , | 2 Comments

Recently the Arizona Republic started a new item, West Valley Sound Off. They are contacting West Valley elected to get their positions on issues of the day. Their first foray question was, “Do you support the development of this proposed casino? Why or why not?” Those from Avondale, Buckeye, Goodyear, El Mirage, Litchfield Park, Peoria, Surprise, Tolleson and Youngtown declined to answer. Not so with our brave, intrepid leaders in Glendale. Three of them did respond.

Councilmember Manny Martinez has consistently opposed the casino since it was first proposed in 2009. He gets it. He said, “I do not support the proposed Tohono O’odham reservation and casino. I am very concerned for Westgate’s well-being if the casino is opened. How do casinos attract customers? Cheap booze, cheap food, and the cost of rooms are minimal. At Westgate, we have hotels and restaurants that pay taxes and help us pay off our debts. If the reservation and casino come in, as a sovereign nation, they would pay no federal, state, county or city taxes. Governor William R. Rhodes of the Gila River Indian Community said, ‘We believe the Tohono O’odham Nation, with the assistance of the federal government, has disrespected the rule of law, the balance so carefully struck among Indian gaming tribes, our community, Glendale and every Arizonan.”

Then we have words, signifying nothing, from Councilmember Chavira. He doesn’t get it and he is not representing the majority sentiment of the residents of West Glendale and the Yucca district, who will feel the direct impacts of the proposed casino. He mimics the same, old, tired rhetoric that the Tohono O’odham have used ad nausea, “Yes, I do support the development of the proposed West Valley casino and resort. The benefits of the development will be significant not only for Glendale, but for the entire West Valley. Positive economic impacts such as job creation and an additional tourist attraction in our sports and entertainment district are among the benefits.” I’m sure he knows, uhmmm, well, perhaps he knows…that 25% of the jobs must be filled with Native Americans.

Lastly, Councilmember Sherwood responded. This is a guy who, less than two years ago, ran on a platform of opposition to the casino. Now, not so much. He did a flip-flop at a very recent council meeting voting with Councilmembers Hugh, Alvarez and Chavira to reject U.S. Representative Franks’ HB 1410 and to begin negotiations with the Tohono O’odham (TO). Many suspect his affirmative vote was pay back to Chavira for Chavira’s vote in support of the arena management deal. “Neither – I will support the project if the Tohono O’odham Nation can be treated as close to a private entity as possible and having some form of revenue stream into the city’s general fund. Additionally, infrastructure including any street improvements, public-safety agreements, et al. would have to be included and enforceable in federal courts. Thus far, in fact-finding sessions, the Nation appears to be very amenable to this. Businesses such as Westgate, Renaissance Hotel, Coyotes and Tanger Outlets, to name a few, are also in support of proposed project. The sports and entertainment district could very well capitalize on a project of this size if it meets the city’s criteria.” He appears to be back-pedaling as he straddles a very narrow  fence, by adding his list of caveats. His declaration that,” Westgate, Renaissance Hotel, Coyotes and Tanger Outlets…are also in support” is downright laughable. There has never been a declaration of public support for the proposed casino from these entities. Have you seen it? I haven’t. Remember when the possibility of losing the Coyotes as an anchor tenant at the arena loomed? Bar and restaurant owners were beside themselves and declared without 40 nights of hockey games they couldn’t make it. They are not going to support a casino that will draw customers away from them knowing that potential consumers will spend disposable income on gambling, subsidized meals and booze and cheap room rates. If they are so willing to commit financial suicide, let’s see them do it publicly. Not one representative of these entities went to the last council meeting when TO negotiations was on the agenda and expressed public support of the project. Sherwood had no public letters of support from these entities that he could read into the record that evening. It’s time for Sherwood to cease making declarations that may not be accurate. Just because he said it, doesn’t make it true.

© Joyce Clark, 2014

FAIR USE NOTICE

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

Mar 14

21

Councilmember Chavira on the hot seat

Posted by Joyce Clark on March 21, 2014
Posted in City issue and actions • City of Glendale • Glendale elected officials • Glendale finances • Glendale's Fire Union • Jobing.com arena  | Tagged With: , , , | 9 Comments

Today I received via snail mail an 8 1/2” X 11” mailer from the Arizona Free Enterprise Organization. Below are pictures of the front and back sides of the mailer.

AZ Free Enterprise and Chavira Mar 21 2014 jpg_Page_1AZ Free Enterprise and Chavira Mar 21 2014 jpg_Page_2

Presumably it was mailed to all registered voters in the Yucca district of Glendale. That is the district Councilmember Chavira represents. It also is the district that is home to Jobing.com Arena and the proposed Tohono O’odham casino, two perpetually hot topics. They sent a similar mailing on Councilmember Sherwood of the Sahuaro district. While councilmembers Martinez and Knaack are retiring and will not run again, Sherwood is up for reelection in 2016. This is the majority coalition these days.

Although Chavira does not stand for reelection until 2016 it looks like he is going to have a tough time politically for the next two years. It couldn’t happen to a nicer fella. Let’s hope he’s a one term councilmember. Chavira voted in favor of the arena management deal that requires the city to pay $15 million dollars annually. He also supports raising Glendale’s property tax rate by 2% and removing the sunset provision that would have ended the temporary sales tax increase in 2017. His decisions demonstrate that he is comfortable with raising taxes or keeping them high to satisfy the monetary needs of Jobing.com Arena at taxpayer expense. All of this from a guy who ran a campaign with considerable financial support from the fire unions and Councilmember Alvarez. I bet she’s biting nails because she supported him. To date he has not supported her on any major issue she espouses. He ran promising fiscal responsibility. That promise didn’t last long.

I really didn’t know anything about the Arizona Free Enterprise Club (AFEC) until I googled them.  I did know that they had joined with Arizona Secretary of State Ken Bennett in a suit about campaign funding. It went all the way to the Supreme Court which ruled in AFEC’s favor. Here’s the link if you are interested: http://www.azfree.org/ . They describe themselves as, “The Arizona Free Enterprise Club was founded in 2005 as a free market, pro-growth advocacy group dedicated to Arizona issues and politics.  Our mission is to promote policies and candidates that encourage economic prosperity and limited government for all businesses and taxpayers.  The Club is a 501(C)(4) and is not affiliated with any other group or organization.”

Stay tuned. It looks like the next several years are going to be very interesting in Glendale politically.

© Joyce Clark, 2014

FAIR USE NOTICE

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

Mar 14

19

Councilmember Gary Sherwood can’t have it both ways on the casino

Posted by Joyce Clark on March 19, 2014
Posted in Casino • City Council Actions • City issue and actions • City of Glendale • Glendale elected officials • Glendale finances • Glendale zoning issues  | Tagged With: , , , , , , , , , , , , | 1 Comment

March 18, 2014 was a “two-fer” in terms of council workshops. The morning session focused on the budget: General Fund budget balancing; Employee medical benefits; and fire staffing. The afternoon city council workshop also had 3 items of discussion: the Becker billboard request; a possible archery range at Heroes Park at 83rd and Bethany; and the Tohono O’odham casino.

I am going to discuss only one of those items here and now – the proposed Tohono O’odham (TO) casino. All of the other items will be covered in a subsequent blog.

In a prior meeting Vice Mayor Knaack requested an assessment of the impact of the proposed casino on the city and during the day’s discussion reminded staff of her original request that: staff (City Attorney Michael Bailey) bring back an assessment of the impact (fiscal and otherwise) of this proposed casino on Glendale; and that staff meet not only with the TO but with the tribes in opposition to the casino. Was Bailey too busy with his tablet and smart phone to pay attention because he fulfilled none of Vice Mayor Knaack’s request? He simply regurgitated former City Attorney Craig Tindall’s well-researched legal opinion on the matter. His actions could be construed as those of someone who is lazy and ill informed. He did not provide this council with Knaack’s original request: that of an assessment of the impact on the city.

Somehow or other the council discussion, at Councilmember Alvarez’ instigation (in person no less), moved to negotiating directly with the TO and opposing Franks’ bill. Chavira and Hugh immediately expressed their support. Mayor Weiers and Councilmembers Martinez and Knaack voiced their dissent. None of this was a vote, as council does not vote at workshop, but gives direction to staff through a majority support to move forward to investigate, plan and bring back information to be voted on in a council meeting.

Four councilmembers (a majority) gave direction to initiate negotiations with the TO and to express the city’s opposition to Congressional Representative Trent Franks’ bill, HR 1410. To what end no one knows because there are still lawsuits to be settled that will determine the proposed casino’s fate.

Councilmember Martinez, in opposition, quoted from a very eloquent article written by former Governor Rhodes of the Gila River Indian Community in the Arizona Republic on October 20, 2010.. The former Governor said, “There’s no literal translation in English that does justice to the tribal word, ‘himdag.’ As Governor of the Gila River Indian Community, himdag guides my every decision, my every action. Himdag, as passed down by our elders across hundreds of years, teaches us to respect for all things, including the value of a promise, abiding by the law and concern for the welfare of others.

Respect as a guiding principle feels old-fashioned in the 21st century, but it exists all the same – even when our community is compelled to sign its name to a lawsuit against the United States Department of the Interior.

You may have read about that lawsuit filed Spt. 16. You may have also read about Glendale’s lawsuit to stop the casino, filed this week. Out of respect, I believe that I must explain the reasons why my community to pointedly disagrees with Washington and with a southern Arizona sister tribe’s plan to build a casino on land they secretly bought in Glendale, 160 miles from their reservation headquarters.

My explanation can be summed up in a single sentence. We believe the TO Nation, with the assistance of the federal government, has disrespected the rule of law, the balance so carefully struck among Indian gaming tribes, our community, Glendale and every Arizonan.

At the crux of our lawsuit is clear evidence that the proper procedure for creating an Indian casino has been sidestepped. I’ll leave the legal wrangling to the lawyers, bit in the 21 months since our sister tribe surprised us with plans to build a casino on our aboriginal lands, our community has learned more than we would care to about legal loopholes, PR spin and shading the truth. The surprises have continues to come, and so have the disappointments especially where our sister tribe is concerned.

In the past, my community and the TO Nation have lived side by side and mutually benefited from our entwined cultures and interests. There’s no better example than the Indian gaming compacts ratified by Arizona voters in 2002. Proposition 202, supported by 17 tribes statewide, including the Gila River and TO communities, created a sound but delicate balance, a promise, that kept casinos out of urban neighborhoods, gave much needed revenue to the state and created an economic engine to lift every tribal community.

To see that balance upset and that promise broken – and to see one tribe use secrecy and legal maneuvering to benefit at the expense of every other tribe and our state – is difficult to comprehend, let alone stand for in silence.

Thus the Gila River Indian Community has taken our case to federal court. Our first goal is to force the federal government to apply federal gaming laws evenly. Never before has a tribe been allowed to “shop” for reservation land half a state away from its homeland, then open a casino on the newly created “pocket reservation.” That not only flies in the face of federal gaming law, but in the face of every Arizona’s vote for Proposition 202.

As for our sister tribe, I know our disagreement is temporary. Himdag has a place of supreme importance in their culture, too. I would like to believe that their leadership will rediscover their way soon enough. I believe we can achieve more together than apart and that greed should never be allowed to trump respect for all things.”

The deciding supporter of Alvarez’ plea was Councilmember Gary Sherwood. Mr. Sherwood can not have it both ways despite the rambling, confusing and often contradictory reasons for his decision. On one hand he says he still supports City Council Resolution 4246 that stated that the city is officially opposed to the TO casino.  It’s important to quote part of that resolution, “Whereas, the City believes that the Tohono O’odham Nation’s assertions and the basis upon which it makes these assertions are incorrect, poor public policy, in violation of the governmental rights, privileges, and authority of the State of Arizona, the County of Maricopa, and the City of Glendale, and are contrary to the best interests of the Citizens of the State of Arizona, the County of Maricopa, and the city of Glendale; and Whereas, the City of Glendale, consistent with the Indian tribes voicing opposition to the Tohono O’odham Nation’s application, opposes off-reservation gaming, including this current effort by the Tohono O’odham Nation to establish gaming on the Proposed Reservation Land, as contrary to the terms of Proposition 202 as presented to the people of the State of Arizona in 2002 and supported by, among other, the Tohono O’odham Nation.” Here is the link to Bailey’s (really Tindall’s legal opinion): http://www.glendaleaz.com/Clerk/agendasandminutes/Workshops/Agendas/031814-W03.pdf .

On the other hand, Sherwood then launched into a monologue stating, in essence, the TO casino will create “synergy” with Westgate and drive more business there. In a pig’s eye and he knows it. Subsidized food, drink and room rates at the TO proposed casino will undercut every restaurant, bar and hotel in the Westgate area. Despite his statement that he still supports opposition to the proposed casino and it will be “contrary to the best interest of the City of Glendale and of the citizens of the State of Arizona” he then supported moving forward with negotiations with the TO and opposition to Franks’ bill.  On one hand he says he opposes the casino because it earns not a penny of revenue for Glendale yet on the other, he is prepared to negotiate and facilitate their eventual presence.  His position is illogical yet he became the fourth councilmember needed to achieve consensus and direction.

Why? Sometimes things become clearer with perspective. Think back to the arena deal vote. Sherwood knew Weiers, Hugh and Alvarez were opposed to the arena deal and Martinez and Knaack already supported him and the deal. The vote was split, 3 to 3. He discovered those 5 members could not be dissuaded. Whether one agreed with or opposed their positions they had the principles of their conviction and could not be moved. He desperately needed that 4th vote of approval for the arena deal.

Who was left? Newly elected Sam Chavira — of course. Whispers of this scenario have circulated for months. If Chavira voted for the arena deal, in return Sherwood would support the casino. Is it true? I don’t know but it makes perfect sense and certainly seems to fit the known facts. Did each sell their souls? For what? Political back scratching? To be recognized in public hockey town halls as the saviors of the Coyotes? Reelection financial support from hockey and TO stakeholders with deep pockets?

But at whose expense? The citizens of Glendale locked into unsustainable arena debt of an estimated $27 million a year with a council unwilling to make the budget cuts that make the arena deal feasible? The Westgate area business owners who will suffer from unfair competition? The residents of West Glendale whose property values will decline with the advent of a casino while crime and traffic increases? The Westgate business owners who will suffer from unfair competition?  The Indian tribes who joined the State Compact in good faith? The voters of the State of Arizona presented with a plan to limit casino locations?

These politicians were just that –typical politicians, exemplifying the worst of the offices they hold. Sherwood delivered an irresponsible and dangerous signal to casino friends and foes alike. His flip flop on one of his campaign promises should be remembered when he runs for reelection. Given this, expect him flip flop again and to support the hated billboards proposed for North Glendale.  After all, he confessed that all of the fuss over the billboards was “baffling” to him and he was “pro-business.” There is no statesmanship here.

© Joyce Clark, 2014

FAIR USE NOTICE

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

Feb 14

23

Citizens respected and valued?

Posted by Joyce Clark on February 23, 2014
Posted in City Council Actions • City issue and actions • City of Glendale • Glendale elected officials • Jobing.com arena  | Tagged With: , , , , , , , , , , , | No Comments yet, please leave one

The Glendale City Council flirted with Public Comments occurring at the beginning of their meetings. It was a pilot project. After several months council voted to move Public Comments back to the end of the meeting citing that it got in the way and delayed council’s real business which is certainly not hearing from the public.

The biggest gorilla in the Valley, Phoenix, just had its council voting on February 5, 2014 to move its Citizen Comment Session to the beginning of their meeting. The move was in response to a citizen petition which claimed citizen input was not respected or valued.

It seems ironic that Phoenix has now done what Glendale rejected. If Glendale citizens submitted a petition to move the Public Comment period to the front of the meeting again would council acquiesce as Phoenix has done? What do you think? You can weigh in by voting in my informal poll to the left of this column.

A coalition on Glendale’s city council has emerged. Look for Knaack, Martinez, Sherwood and Chavira voting as a majority. That puts Weiers, Hugh and Alvarez on the losing side of most issues. I bet Alvarez rues the day she helped Chavira to get elected as he has voted in opposition to her positions since he started in office. The biggest issue was the vote on arena management and Alvarez may never forgive him for that one.

However, this November is election time in Glendale with 3 council seats up for grabs. This newly formed, rather fragile majority may not last long. Will Chavira, et.al, work behind the scenes to defeat Alvarez and get someone who is more simpatico? It would be a good move on his part as it would get rid of a problem before he stands for reelection in 2016. All he has to do is throw his support behind Jamie Aldama, Alvarez’s opponent.

Don’t forget, Knaack and Martinez are retiring. Martinez has anointed Robert Petrone but candidate Petrone’s past financial troubles may get in his way. Knaack appears ready to endorse Bill Toops, owner of the Glendale Star. Toops will have his own problems explaining how his ownership of the local paper does not conflict with serving on council. Look for more candidates to emerge as it gets closer to the end of May when nominating petitions are due. Historically in recent times there have never been less than 2 candidates for every open seat. It will be interesting to see how this election shakes out. Stay tuned…

© Joyce Clark, 2014

FAIR USE NOTICE

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

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