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Joyce Clark Unfiltered

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Nov 15

3

Is Glendale keeping its promise?

Posted by Joyce Clark on November 3, 2015
Posted in City Council Actions • City issue and actions • City of Glendale • Glendale elected officials • Glendale finances • West Branch Library  | Tagged With: , , , , , , , | No Comments yet, please leave one

It has been 17 years and 306 days since the city’s pledge to build the West Branch Library.

PLEASE NOTE: Today, November 3, 2015 the voters of the Sahuaro district will decide to retain or recall current Councilmember Gary Sherwood. They have already submitted their Early Ballots. If for some reason you still have your Early Ballot you can drop off your completed ballot at any Sahuaro polling location today. Sahuaro district voters do have a choice. They can keep the same representative or opt for change by voting for Ray Malnar. Mr. Malnar is a man of honesty and character whose agenda is to serve the residents of his district in a fiscally conservative and meaningful manner. If the poll to the left of this column is any indication tonight when the votes are tallied the people of the Sahuaro district will have a new councilmember. It may be premature but congratulations to our newest councilmember, Ray Malnar.

How come the city has the capacity to use General Obligation (GO) bond funding (paid by sales tax dollars that flow into the city’s General Fund) to cover $22.3 million dollars to buy 99 acres from the Pendergast family to be used, in part, to satisfy the Bidwill’s and Arizona Sports and Tourism Authority’s requirement for parking for football games yet has no money to construct a West Branch Library? According to Erik Strunk, Director of Parks, Recreation and Library Services, “There are currently no general fund monies available for enhanced library services in this area. Again, the only money we know of that’s available right now is the $2.5 million in development impacts fee money.”

Isn’t it amazing? The city has the opportunity to buy land and voila! There’s money to pay off those GO bonds but to build a library, there’s no money…that is a lot of b_ll s__t. Remember in 2006 a majority of city council stole $6 million earmarked for construction of the West Branch Library and diverted it to construction of the Public Safety Training Facility.

This is but one example of the city playing games with money slated for construction of the West Branch library.

  • Fact:  Glendale voters approved $9.7 million in March of 1987. There is still $1.7 million in library capacity from that approval.
  • Fact: Glendale voters approved $411 million in November of 1999. There is still $7.47 million in library capacity from that approval.
  • Fact: Glendale voters approved $270 million in May of 2007. There is still $12.37 million in library capacity from that approval.
  • Fact: Right now, this very minute, there is over $20 million in bond capacity to build a West Branch Library.

At the September 16, 2008 city council workshop meeting the scheduled completion of the library was 2009 and staff said, “by 2010 the West Branch Library will serve a population of approximately 50,000 in the western area of Glendale, and it is anticipated that more than 1,000 people per day will utilize the services of this branch.”

Residents of west Glendale need to thank Mayor Weiers for asking staff to “refocus” on the promises made regarding what is now called Heroes Park at the northeast corner of Bethany Home Road and 83rd Avenue. We residents appreciate his concern but after waiting 17 years to see this park developed the only action that will suffice is to see dollars being spent.

So they throw us a bone and think that will keep us quiet. Their sop is to install a prefab building, a glorified trailer of about 7,500 square feet in Heroes Park. It will be smaller than Velma Teague Library and smaller than Foothills Library. Gee, aren’t we lucky? Now we will be required to be appropriately grateful.

In the 1975 film classic Network the news anchor Howard Beale stridently bellowed, “I’m mad as hell and I’m not going to take it anymore.”

17 years is a long time to wait for this city make good on its promises. The residents of west Glendale are mad as hell and not going to take it anymore. If the mayor and certain councilmembers want our votes they are going to have to deliver.

© Joyce Clark, 2015

FAIR USE NOTICE

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

Oct 15

29

Will the Tohono O’odham casino open?

Posted by Joyce Clark on October 29, 2015
Posted in Casino • City issue and actions • City of Glendale • Glendale finances • Tohono O'odham  | Tagged With: , , , , , | 3 Comments

It has been 17 years and 301 days since the city’s pledge to build the West Branch Library.

Once again the Glendale Star’s bias is showing. An October 23, 2015 story by Carolyn Dryer, editor, bemoans the fact that it looks like House Resolution 308, the Keep the Promise Act introduced by Representative Trent Franks, will soon come up for a successful vote in the Congressional House of Representatives. Here is the link: http://www.glendalestar.com/news/article_9a937bea-79d8-11e5-b35d-6b9c5634463d.html .

The House has essentially passed the same bill two times previously with bipartisan support.  It is said, “the third time’s a charm.” Let’s hope so. Once the House passes the bill it moves to the Senate. A Republican majority provides a strong chance that it will pass there as well.

One should note that the Glendale Star was obviously provided a copy of a letter by Representative Raul Grijalva, an opponent of the bill, sent to House Majority Whip Kevin McCarthy. Grijalva’s letter is quoted extensively as he requests procedures designed to delay or kill the bill.

The Star also attempted to gain an interview with the House Majority Leader and is quoted as saying, “I realize we are not a national network probing for the truth, but we are a media outlet that is trying to educate our readers.” Unfortunately, there are two glaring errors in their statement. The Star appears to be a long, long way from “probing for the truth.” Oh wait, it’s probably their version of the truth. They also represent themselves as “trying to educate our readers.” That, too, appears to be fudging. If there really was a genuine attempt to educate the reader, the article would have been more balanced with statements from casino opponents as well as proponents. Instead it’s just another vehicle of support for the Tohono O’odham.

Don’t you find it interesting that the Star wrote a blistering editorial condemning Councilmember Sherwood’s actions flaunting the law yet seems to look the other way when it comes to the Tohono O’odham’s flaunting of the law and their casino?

© Joyce Clark, 2015

FAIR USE NOTICE

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

Oct 15

20

Glendale’s Super Bowl Analysis

Posted by Joyce Clark on October 20, 2015
Posted in City Council Actions • City issue and actions • City of Glendale • Glendale and the NFL Super Bowl • Glendale and the Super Bowl • Glendale finances • NFL • University of Phoenix Stadium  | Tagged With: , , , , , , , | 4 Comments

It has been 17 years and 292 days since the city’s pledge to build the West Branch Library.

On October 8, 2015 Glendale released its analysis of the expenses incurred in hosting the Super Bowl. Here is the link to the full report: SuperBowlXLIXPostEventAnalysisFinal2015_10_08 . I don’t know why this report is not on the city’s website. It should be available to every Glendale resident. The report is comprehensive and offers, “The purpose of this report is to provide a comprehensive overview of the city’s obligations and how they were met, a summary of the ancillary events and activities that took place, an analysis of specific city services provided, an assessment of stakeholder impacts, and a comprehensive financial analysis (page 2, executive summary).” I do take issue with some elements of Glendale’s final report, namely, cost avoidance and the lack of tracking employee time.

As I have suggested innumerable times, the only way hosting the Super Bowl works for Glendale is if a reimbursement mechanism is created by the State Legislature or the Host Committee. Whether the loss is a half million dollars or two million dollars, it is not a cost the taxpayers of Glendale should bear to enrich the state or other Valley communities. Glendale noted, “Other communities around the country that host Super Bowl have established a state-level funding mechanism to cover costs to local communities, or in some cases, Host Committees reimburse cities for associated costs. As an example, the city of Santa Clara, California (host of the upcoming 2016 Super Bowl) entered into an agreement with their stadium and Host Committee wherein the Host Committee is responsible for reimbursing the city’s direct costs (actual costs incurred) for all planning and execution activities associated with providing governmental services inclusive of public safety, traffic management, planning, building inspection, and public right-of-way clean-up (page 2, executive summary).” Until such time as a reimbursement mechanism is created Glendale should not participate in hosting another Super Bowl.

The report emphasizes the issue of cost avoidance. What is cost avoidance? According to the report, “At the onset of planning, staff was tasked with identifying service delivery alternatives or creative innovations that could be implemented to reduce costs or engage community partnerships in support of the city’s planning and execution efforts associated with Super Bowl XLIX. As a result of the combined efforts of the city’s planning team, Glendale realized cost avoidance of approximately $672,781…(Page 15).” Cost avoidance is only legitimate when it absorbs costs to provide necessary services to plan or execute the Super Bowl event. There were 2 items that could be classified as true cost avoidance: Light towers provided by the Department of Homeland Security at a cost of $12,000; and the city’s successful negotiation to eliminate a shuttle obligation at a cost of $200,000. These 2 items totaled $212,000.

An item that should not be considered cost avoidance ($415,625) is Valley fire and police agencies contributing staff time at their own expense. It is generally understood and accepted by all that any host city (anywhere) is not capable of providing the total police and fire services required. Other agencies understand that they will provide staff time at no cost to the host city. This action occurs at all Super Bowls, not just here. Calling this item cost avoidance is no more than ginning up the cost avoidance numbers. Other items listed as cost avoidance such as the Visiting Public Safety Officials Program ($16,656) were not required or necessary to plan or execute the Super Bowl. True cost avoidance totaled $212,000, not the $672,781 touted by Glendale.

Another problematic area of the report deals with Glendale’s reluctance to and lack of tracking of employee time spent in preparation and execution of the Super Bowl. Glendale says, “Preparations and planning for Super Bowl XLIX began in August 2013 with the assignment of two project managers and a team of approximately 20 employees representing multiple disciplines over 12 departments. All participating members of the planning team took on the responsibility in addition to their regular duties. Planning activities included participation in the following activities: internal core team meetings/communications, budget development, regional public safety planning, Host Committee briefings, stakeholder engagement, transportation planning, NFL production team, vendor engagement and media interviews (Page 12).” This team consisted of primarily salaried employees (paid an annual wage and benefits no matter the number of hours worked) and included:
• Economic Development Officer Jean Moreno
• Development Services Director Sam McAllen
• Police Commander Richard Bradshaw
• Interim Public Works Director Cathy Colbath
• Building Safety Manager Justine Cornelius
• Assistant Fire Chief Chris DeChant
• Transportation Systems Manager Trevor Ebersole,
• Airport Administrator Walter Fix
• Planning Director Jon Froke
• Fire Inspector II Anthony Gavalyas
• Senior Marketing & Communications Manager Joe Hengenmuehler
• Licensing & Taxpayer Analyst Tammy Hicks
• Fire Marshall Charles Jenkins
• Assistant Police Chief Matt Lively
• Assistant Planning Director Tabitha Perry
• CVB Manager Lorraine Pino
• Economic Development Administrator Kristen Stephenson
• Intergovernmental Programs Director Brent Stoddard
• Communications Director Julie Watters

I can see it now. When one of these people had to meet regarding the Super Bowl, they designated an associate to be in charge of their regular duties. Their responsibilities transferred to someone else who had to pick up the slack. These are valuable employees whose time was taken away from administering their departments and providing service to every Glendale resident. How much time was diverted from providing service to you, me, all of us? 1,000 hours, 2,000 hours? Glendale may consider it inconsequential to track their time but we, the taxpayers of Glendale, would like to know how many hours and the value of their time was diverted as a result of the Super Bowl. It is a true cost that must be accounted for.

Add the cost of non-salaried employees (paid wages and benefits for a 40 hour work week) who were tasked with carrying out the plans of this committee. It constitutes a direct transference of service time belonging to Glendale residents and diverted to support the Super Bowl.

Glendale’s rationale for its failure to track employee time and consequently the value of that time as a direct cost occurrence is, “In conclusion, the determination was made that the task of serving as the host city for the Super Bowl was a service being provided as a result of Council direction (Page 13).” On the face of it, that is one of the most illogical statements ever. Glendale goes on to say, “More importantly, requiring employees to track time would not be an effective or efficient use of scarce resources and there was no monetary gain that could be accomplished by doing so (Page 13).” Really? True, no monetary gain would be achieved but thousands of employee hours at real cost as well as service delivery avoidance to Glendale residents should be accounted for. It is a true cost to the taxpayers of Glendale that to date has remained hidden.

Glendale goes on to say, “Setting aside cost avoidance, after accounting for Glendale’s direct costs and direct fee-based revenue, the result was a negative net financial impact of $578,965. It is important to note that this does not account for any costs associated with pre-planning activities (Page 2, executive summary).” If the costs of employee time were recognized in this report it is expected that the true cost, rather than the $578,965 acknowledged would double to over a million dollars.

It is to be expected that Glendale would put as much positive spin on its hosting costs as possible and goes to great lengths to point out that Glendale does not have enough hotel rooms or venues to gain financially as well as offset it costs to host a Super Bowl. The overarching issue remains that Glendale experiences a financial loss in hosting the Super Bowl. Until that is remedied Glendale should not be in the Super Bowl hosting business.

© Joyce Clark, 2015

FAIR USE NOTICE

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

Oct 15

19

In desperation…Sherwood ties himself to education

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

It has been 17 years and 291 days since the city’s pledge to build the West Branch Library.

In the October 15, 2015 edition of the Glendale Star there is an editorial encouraging the voters of the Sahuaro district to recall Councilmember Sherwood and to elect Ray Malnar as their new representative. Here is the link:  http://www.glendalestar.com/opinion/article_9ccc1730-6dff-11e5-90d8-63d62820f449.html .  One of the reasons offered for Sherwood’s removal in the editorial caught my attention.

It stated in part, “…neither Sherwood nor any member of Glendale City Council has any regulatory authority in either school district, nor any school district, for that matter. Sherwood’s campaign signs, however, would have voters believe that if you vote for Sherwood, you support education.” Unfortunately Sherwood believes many voters don’t know that. Sahuaro district voters are just not that dumb. Sherwood’s use of aligning himself with education is overtly cynical and disrespects his constituents.

It appears obvious to all that Sherwood is truly desperate. Be assured the fire union has done polling for Sherwood and their guy is losing at the rate of 3 votes against him for every vote for him. Desperate people often act questionably. Sherwood’s attempt to fool the Sahuaro voters into thinking he can affect the education of their children seems to be just such a questionable act. It’s not surprising in the light of his other actions such as ignoring traffic citations and pandering to big money stakeholders while ignoring his constituents on issues of importance to them.

However, what made the Glendale Star decry a councilmember’s ploy of tying himself to education this time? Councilmembers Chavira and Aldama have used the same tactic in their previous election campaigns. They, too, led their district voters to believe that they could affect local education in their campaign mailers and campaign flyers. In those instances the Glendale Star voiced not a peep about their use of the very same tactic as Sherwood has employed.

Let’s hope the Glendale Star will voice the same strong opinion on this unethical tactic when Chavira and Aldama run for their respective seats next time. If it does not adopt this same stance regarding other candidates, then its claim to unbiased coverage of the news will have been destroyed.

© Joyce Clark, 2015

FAIR USE NOTICE

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

Oct 15

18

So Burdick wants to be Glendale’s mayor

Posted by Joyce Clark on October 18, 2015
Posted in Arizona Coyotes • City issue and actions • City of Glendale • Glendale elected officials • Glendale finances • Glendale's Fire Union  | Tagged With: , , , , , | 7 Comments

It has been 17 years and 287 days since the city’s pledge to build the West Branch Library.

On September 20, 2015 former Glendale Fire Chief Mark Burdick pulled a packet to begin the process to run for mayor of Glendale. That sparked many asking if I would run for mayor. The answer is “no.” I am really enjoying my retirement as well as my new found freedom to comment on Glendale’s issues.

Personally, Mr. Burdick is gregarious and affable. He is a nice man but I know a lot of nice people who do not possess the qualities one would expect of a mayor.

There are two major factors about Burdick that voters should consider a year from now when the election occurs. One is the history of his past associations. Burdick was in the Beasley/Fischer-Frisoni-Tindall inner circle.  Apparently Beasley left as city manager while he could for surely he would have been terminated for his alleged favoritism, i.e, allowing Alma Carmichel, former HR Director, to telecommute from Mississippi; and allowing Art Lynch, former Finance Director, to profit handsomely as a consultant after he left Glendale’s employ. Fischer left as city manager after her actions of publicly berating the Glendale Chamber of Commerce President and in a retaliatory move requested councilmember emails. Tindall and Frisoni were employees who allegedly used their positions to further the goals of the Coyotes ownership group in its dealings with the city. Also Burdick appears to support Councilmember Sherwood who is facing recall on November 3, 2015. Burdick continues to maintain a relationship with Frisoni for he hired her to design the marketing package for his brand new company. In fact, I still remember the evening at a function at Westgate when Burdick and Frisoni lobbied me to choose Tindall as Glendale’s Interim City Manager. There is an old adage that you are judged by the company you keep.

The other major issue is the question of the effectiveness of Burdick’s leadership while he was Glendale’s Fire Chief. It appears that Burdick ceded his vision and leadership to the Glendale Fire Union. Fire union employees are sprinkled throughout the organization in decision making positions and other positions of power. Burdick seemed powerless to rein in the fire union’s agenda and goals. He didn’t seem to have the backbone to stand up to them and to advance an agenda that was good for all of Glendale – not just the fire union. Burdick, as fire chief, would have occasional but regular lunch meetings with councilmembers. I always felt as if I were listening to the fire union’s emissary. Several times I suggested that Burdick had to gain control of his department and I would get silence and this seemingly “deer in the headlights” look from him. His leadership skills are in doubt.

Make no mistake; Burdick will enjoy the full force and resources of the fire union’s support in his quest for mayor. That means that every Valley fire union chapter (except Glendale for that would violate the federal Hatch Act) will donate to his campaign. All of these chapters will “volunteer” labor to put up his campaign signs (while helping opposing candidates’ signs to disappear or be vandalized) and droves of firefighters will walk the length and breadth of Glendale handing out pro-Burdick flyers. The big gorilla, the Phoenix chapter, will do the same in spades, in addition to making independent expenditures for campaign mailers. They want Burdick in as mayor…badly. Can you imagine the coup of having a former fire chief as the mayor of one of the largest cities in the state?

Again, Mr. Burdick is a nice man but you vote for him at your peril. Do you want a mayor who will advance the fire union’s agenda by pouring resources into the fire department at the expense of every other department in the city? The city only has so much money in its General Fund. Do you want your General Fund tax dollars being used for fire almost exclusively while ignoring libraries, parks, streets and a host of other essential needs?

Mayor Jerry Weiers will face a tough reelection. If he expects to prevail he had better get out into the community now. To this day many consider him invisible. He needs to up his public profile. Burdick is already hitting Weiers on the decision to cancel the Coyotes contract and to enter into a two year deal with them. That decision will play well with many voters because it reduced the burden on taxpayers considerably and they like that. Weiers still faces the possible specter of having Sherwood and/or Aldama run for mayor as well.

Burdick will receive a lot of help in his campaign. Don’t become mesmerized. He, like anyone else, has feet of clay. His associations with seemingly bad actors within Glendale government and his seeming inability to lead his own department are Burdick’s feet of clay.

© Joyce Clark, 2015

FAIR USE NOTICE

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

Oct 15

12

How to avoid building a $50M parking garage

Posted by Joyce Clark on October 12, 2015
Posted in Arizona Cardinals • City Council Actions • City issue and actions • City of Glendale • Glendale elected officials • Glendale finances • Glendale zoning issues • University of Phoenix Stadium  | Tagged With: , , , , , , | 13 Comments

It has been 17 years and 283 days since the city’s pledge to build the West Branch Library.

Two new items have been added to the city council agenda for Tuesday, October 13, 2015. They were added just before the close of business on Friday, October 9, 2015. They are agenda items 58 and 59. Both items are related to one another and call for city council approval the purchase of  99 acres at 91st Avenue and Bethany Home Road for $15,526,542.00 from the Pendergast family. The Pendergast family deserves the city’s thanks. They have lived in Glendale for generations and have roots here as well as a genuine love for the city. They have been involved in the life of Glendale for many years and have contributed their time, talent and money for the benefit of the city. I, for one, thank them.

I congratulate Interim City Manager Dick Bowers and the city council for this action. In this instance, the city has been proactive in solving a long standing problem, namely that of being required to build a city parking garage at Westgate for the benefit of the Bidwill family. The city is required to provide 6,000 parking spaces for football games as well as major events that occur at the University of Phoenix stadium. As land was consumed at Westgate for new development the proscription to provide those spaces became more and more difficult forcing council discussion to consider building the facility. With purchase of the Pendergast land there will now be more than enough land to satisfy that requirement without the need to build a garage.

That garage would have cost the city far north of the $50M acknowledged as the construction cost. Paying $15M for the land plus the cost of constructing a parking area on a portion of the land is far less costly than at least $50M for the garage. Voila! Suddenly there will be no need to build a Taj Mahal of a parking garage. The parking spaces will not consume the entire 99 acres. It is not known as of this date how much land would be required.

The balance of the undeveloped land provides the city an exciting opportunity to control a portion of its own destiny. With regard to the development of the portion unused for parking, the city might consider partnering with a Class A private developer. There are many advantages to doing so. Among others, it could mandate final approval for any development that might be proposed. If it is developed commercially I would suggest that with over 2,500 existent apartment units (with another 4,000 approved) and over 4,000 homes close by, the city should use its best efforts to create a neighborhood shopping district with a grocery store and dry cleaners. There is no grocery store in west Glendale and those sales tax dollars go to Phoenix and Peoria. The closest dry cleaners is minimally 4 miles away in other West Valley cities.

No matter what the future holds for this land, kudos to all those involved with a special and most warm thank you to the Pendergast family.

© Joyce Clark, 2015

FAIR USE NOTICE

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

Oct 15

10

Just when you think there cannot be any more…

Posted by Joyce Clark on October 10, 2015
Posted in City Council Actions • City issue and actions • City of Glendale • Glendale elected officials  | Tagged With: , , , , | 1 Comment

It has been 17 years and 282 days since the city’s pledge to build the West Branch Library.

Just when you think there is no more to the Sherwood saga, up pop new revelations and actions. The Glendale Star reported on October 8, 2015 that once again it is alleged Sherwood violated open meeting law by sharing confidential city council executive session information. Here is the link:

http://www.glendalestar.com/news/article_ad8a15fa-6dfe-11e5-bf3a-c3b5b770ad8c.html . Gary Hirsch, a long time Glendale activist, supported Sherwood in his first run for the Sahuaro city council seat because of Sherwood’s opposition to the casino, among other things. They became friends and met often, usually over breakfast. When Sherwood did his dramatic flip-flop on the casino issue, flipping from anti-casino to pro-casino, Sherwood and Hirsch had several conversations about the issue. In the email below (I have the full version of the email. However, I am only publishing the relevant part) Hirsch has, once again, asked Sherwood to explain why he changed his position. Sherwood then sent Hirsch yet another explanation for his abrupt about face on the casino issue. See below:

From: Gary Sherwood                                                                                                          Sent: Monday, November 25, 2013 5:21 PM                                                                           To: ‘GARY HIRSCH’                                                                                                          Subject: RE: TO                                                                                                           Sensitivity: Confidential

Please, please, please, keep this confidential between ourselves – not that I have to tell you that but I need to state it.

Gary –

“Michael Bailey asked the council in an e-session on September 10th for a confirmation that we continue the direction from the previous council – there was a lot of discussion but in the end, a majority of head nodding  (4-3) didn’t want to undo what had been previously been accomplished and this was at the recommendation of Mr. Bailey. This was needed because of recent rulings putting the one issue back to the 9th circuit court. When Michael’s letter came out on the 11th – it was by far stronger than what was discussed the day previous.”

Best, Gary

The first item that has got to grab your attention is the email is marked confidential and Sherwood requests that confidentiality be maintained (which Hirsch had done for 2 years). Why the need for confidentiality if everything Sherwood is saying is legally permissible? Perhaps because Sherwood knew it wasn’t and that he was violating executive session?? Haven’t we seen Sherwood do this before when he sent another email allegedly violating executive session with the admonition to former Councilmember Manny Martinez to delete the email after reading it? As Yogi Berra said, “déjà vu all over again.”

In the body of the email as Sherwood, in an effort to explain away his newly adopted pro-casino stance, reveals Michael Bailey’s (Glendale City Attorney) actions that occurred during that executive session. 

Sherwood knew better but it is just another example of his habit and pattern of ignoring the law. Don’t forget we saw this same behavior regarding his driver’s license suspensions and his Failure to Appear statewide warrant. If Sherwood has played fast and loose with executive session material and has ignored orders of the court, what other “omissions” of the law has he committed?

Aristotle once said, “At his best, man is the noblest of all animals; separated from law and justice he is the worst.” Sherwood seems to proven this adage over and over again for he appears to have been at his worst since his election to office.

Add to this latest revelation of yet another Sherwood allegation of wrong doing the fact that the city council called for an executive session at 11 AM on Friday, October 09, 2015. Here is the link:

https://glendale-az.legistar.com/MeetingDetail.aspx?ID=437640&GUID=5D630A2D-EE64-406C-BE23-10B067AE2DC0&Options=info&Search= . One of the agenda items is:

  1. PERSONNEL MATTERS
  2. In accordance with the City of Glendale City Council Guidelines, adopted February 24, 2015, the City Council will meet to review and discuss an alleged violation of the Guidelines by Councilmember Sherwood. (A.R.S. § 38-431.03 (A)(1)) .

What will come of this extraordinary agenda item? Will the council, as a body, finally be the ones to hold Sherwood accountable for his actions by censuring him? That is the worst punishment they can apply under the Council Guidelines. Do they have the will and backbone to do so? Can Sherwood weigh in on his own censure? I don’t know the answer to this question as it has never occurred before. What if Sherwood is prohibited from participating and the balance of council is split 3-3? In case of a tie it is considered defeated. We will have to wait and to see if it appears as an agenda item on an upcoming city council voting meeting. Don’t hold your breath on this one. I do not expect that enough of the councilmembers will actually have the intestinal fortitude to censure one of their own. From past experience it can be expected that Chavira and Aldama will support Sherwood. Which of the other 4 councilmembers will balk and refuse to censure him? Weiers? Hugh? Tolmachoff? Turner?

It appears everyone has had enough of the Sherwood “drama,” especially the Sahuaro district voters. It’s time to cut Sherwood loose and to send him back to the private sector where he can wreak his own apparent brand of havoc there. The prevalent sentiment of Sahuaro voters is that Sherwood, instead of representing their interests, has blatantly represented his own.

Stay tuned. Just when you think there can’t be any more…there is.

© Joyce Clark, 2015

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

Oct 15

9

Are Sherwood and the fire union desperate?

Posted by Joyce Clark on October 9, 2015
Posted in City issue and actions • City of Glendale • Glendale elected officials  | Tagged With: , , , , , , , , , | 3 Comments

PLEASE NOTE: YOU WILL NOTE THAT I HAVE NOT PUBLISHED MANY BLOGS LATELY. I HAVE BEEN CONSUMED WITH A PERSONAL FAMILY ISSUE WITH MANY, MANY DOCUMENTS TO READ AND ABSORB. THE ISSUE SHOULD RESOLVE ITSELF BY THE END OF OCTOBER.

It has been 17 years and 281 days since the city’s pledge to build the West Branch Library.

It would appear so. Like a fall bonfire’s smoke, there is the smell of desperation in the air. His recall election is fast approaching and early ballots for Sahuaro district voters go out on Wednesday, October 7th. His campaign has been placing robo calls (one can assume the fire union is footing the bill) to voters in his district. In them, Sherwood apparently calls on voters not to believe all the lies being told about him and that they have been created by interests outside of Glendale. No one is buying his rhetoric. The “lies” Sherwood refers to are of his own making. He didn’t need help from interests outside of Glendale.

He had a district meeting (a rare event) on October 1, 2015. Isn’t it amazing that it was scheduled just before early ballots are mailed? There is something to be said for the power of an incumbent.  I know that when I ran for council there was a prohibition for councilmembers from using city resources for (if I remember correctly, for at least 60 days…it could have been longer). He has tried to explain away his lousy driving record with its array of suspensions and warrant for his arrest. His rationale? All those court documents he was receiving were just junk mail.

Sherwood’s history as the Sahuaro district councilmember is not a record of pride:

  • From the start of representation he has been arrogant about and dismissive of his constituents’ voices
  • He was frequently heard on the 4th floor of city hall crowing that he was the “real” mayor of Glendale
  • He followed his own agenda rather than that of his constituency
  • His extraordinary meeting with former City Manager Brenda Fischer and his advocacy for her hiring
  • His apparent alliance with Fischer and her inner circle, Frisoni, Tindall and Burdick leading to their favoritism and advocacy for his positions on issues such as the Coyotes deal
  • His rationalization for support for the casino seems to change on any given day but many continue to believe that he traded his vote of support for the casino with Councilmember Chavira’s vote of support for the Coyotes
  • His stance on Foothills Library closure and advocacy for Becker billboards was in direct opposition to the majority of his district residents’ wishes
  • As Vice Chair of the Valley Metro transit board he has, before hearing or considering the wishes of the people of Glendale, staked out a position not only in support of light rail in Glendale but that the route should be through its downtown
  • Lastly and perhaps most troubling, is his flaunting of the law. The most serious of which was his out-of-town car rental while his drivers license was suspended and he paid for the vehicle rental with a city ProCard. If there had been any kind of accident he would have subjected the city to tremendous liability. There is also the outstanding matter of Glendale taxpayers footing the bill for his illegal behavior

Unfortunately Sherwood has not lived up to his campaign billing, past, present and future. Sherwood’s and the fire union’s desperation are palpable. Apparently their polling is showing that Sherwood will lose his recall election by a vote of 3 to 1. So, they’ve put up campaign signs with every imaginable endorsement they can scrape up. For instance, now “education” supports Sherwood. Who in “education?” Do Sherwood and the fire union think voters are so dumb that they do not know that the city has no influence or control over local school districts? The city does not fund education in any way, shape or form. This is the same ploy both Chavira and Aldama used in their campaigns when they said they supported and were supported by “education.” It’s meaningless. Another favorite is Sherwood’s endorsement by “paramedics.” Which ones? Of course the firefighter paramedics are predominately union members and the fire union is underwriting the cost of Sherwood’s campaign.

Many voters in the Sahuaro district recognize that Sherwood has not been on their side. It seems he has supported powerful outside interests in return for future financial campaign reelection support. For that reason alone it appears that his constituency is prepared to reject him and to elect and “outsider.” Doesn’t that sound familiar? We see the same sentiment on a national level with voters prepared to vote for “outsiders” on both the Democratic and Republican sides of the aisle.

Voters in the Sahuaro district do have a choice. Ray Malnar is running against Sherwood in his recall election. In the past day or two, the following message from Ray Malnar was forwarded to me and I am sharing it with you, the Sahuaro district voters:

Dear friends,

Early Ballots began going out in the Sahuaro District yesterday. At the same time, messages are being distributed by my opponent and his supporters which do not address the issues. I want to continue to stay truthful and honorable. In this, the eleventh hour of the election cycle, I am asking that you help share the facts about my experience, ethics and position on key issues with people you know, especially those who live in the Sahuaro District.

Here’s a link to the  Ray Malnar for a Better Glendale website which will clarify who I am, what I stand for and why we are in this Recall Election. Please type in : https://www.raymalnar.com/   Please send this link out to everyone you know who might have a connection in Glendale.

Thank you,

 Ray Malnar, Candidate

Glendale City Council, Sahuaro District

602-869-1160

ray.malnar@cox.net

© Joyce Clark, 2015

FAIR USE NOTICE

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

 

Sep 15

30

Glendale fire news

Posted by Joyce Clark on September 30, 2015
Posted in City issue and actions • City of Glendale • Glendale's Fire Union  | Tagged With: , , , , , , | 6 Comments

It has been 17 years and 272 days since the city’s pledge to build the West Branch Library.

Today, September 30, 2015, former Glendale Fire Chief Mark Burdick pulled a packet from the Glendale City Clerk’s office with the intent of running for the position of Mayor of Glendale in 2016. Burdick will, obviously, receive a majority of support in terms of campaign funding and manpower from the fire unions. As we have witnessed in the past, the fire unions will operate just a hair’s breadth inside campaign laws. Mayor Weiers is going to have a fight on his hands to retain his seat this coming election.

The Glendale Fire Department, kicking and screaming all the way, has finally implemented the use of a unit staffed with 2 persons, a paramedic and an emergency medical technician (EMT) to answer non-life threatening medical calls. It’s about time and the department is to be congratulated for implementing this test program. After all, it’s been in use in Mesa and Chandler for several years and is a proven system. It’s the first step in the elimination of the use of an engine or ladder answering medical calls…and is long overdue.

Also today, September 30, 2015, Glendale announced the hiring of Terry Garrison as its new fire chief. Here is the link: http://www.azcentral.com/story/news/local/glendale/2015/09/29/glendale-fire-department-names-houston-head-departments-new-fire-chief/73045786/ .

The first question that comes to mind is why would he deliberately demote himself? From the third largest fire department in the country to a much smaller department in Glendale? Apparently Mr. Garrison has been Fire Chief in Houston for the past 3 years and during that entire time his wife continued to live in the Phoenix Metro area. In his resignation letter his reason for leaving Houston is to assist in the care of an infant grandchild with a chronic condition. Many wonder if he will be the man to resist the continual pressure of the fire union power grab. We will find out shortly, won’t we?

© Joyce Clark, 2015

FAIR USE NOTICE

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

Sep 15

29

You can’t win ’em all

Posted by Joyce Clark on September 29, 2015
Posted in Casino • City issue and actions • City of Glendale • Tohono O'odham  | Tagged With: , , , , , , | 6 Comments

It has been 17 years and 271 days since the city’s pledge to build the West Branch Library.

NOTE: You may have noted that I haven’t posted blogs lately. More trips to California on personal business interfered. In addition, on one of my usual forays into the koi pond to trim pond plants I fell not once, but twice. It was the second fall that put me out of commission for I broke my fall into the water with a hand. Luckily, due to the strong bones I inherited, I didn’t break anything but I did do damage to my wrist and arm. It was just enough damage to incapacitate me for a few more days…sigh. My invincibility gene was malfunctioning that day.

Recently Judge Campbell, tasked with making local judicial decisions on all things Tohono O’odham casino related, issued another decision. The Tohono O’odham (TO) filed a motion to compel the state to issue it a Class III gaming license. Currently the TO have the right to install Class II (bingo type) gaming equipment but to use Class III equipment it needs state approval. It is generally believed that Class II gaming is not as lucrative as Class III.

Judge Campbell noted the court “has never held, as the (tribe) argues, that the State’s allegations of fraud… lack merit.” This may be the crux of the entire legal situation. Ned Norris, Jr., previous Chairman of the Tohono O’odham, has never once denied or refuted the charges of deception leveled against he and his Tribe allegedly committed against the State of Arizona, the Governor and the voters. Fraud and misrepresentation appeared to be woven into every decision made by the Tohono O’odham. They bought land in Glendale on a county island and kept it secret for 7 years. They funded and actively participated in the campaign to convince Arizona voters to approve the State Compact. They betrayed their sister tribes and the people of the state of Arizona. They had a plan which they shared with no one while advocating for the state gaming compact.

Many who oppose the casino believe as Judge Campbell noted that there is merit to the state’s allegations of fraud. During the campaign to convince voters to approve the State Gaming Compact in 2002:

  • Not once did the TO reveal that they had been secretly land shopping for a new casino site in Maricopa County and even considered a land purchase in Buckeye.
  • Not once did the TO reveal that they had secretly acquired land in Glendale for a casino using a shell company.
  • Not once did the TO reveal that they secretly held land for a new casino for 7 years.
  • Not once did the TO reveal that they planned to violate the promise to voters to limit the number of casinos in Maricopa County.
  • Not once did the TO reveal to its sister tribes its plans for a new casino in Maricopa County.

In 2009 the Tohono O’odham publicly announced its plans and shock waves rippled throughout the state. Their action, if ultimately successful, will blow the state gaming compact apart as  new precedent is set. If and when the compact is finally trampled on by the TO, the specter of new casinos (Indian and non-Indian) on other county islands looms large. Is it any wonder that other Valley Metro cities are concerned and have voiced their disapproval of the TO’s actions? They don’t want a casino in their neighborhoods any more than the people of west Glendale want a casino in their neighborhood.

Judge Campbell has demonstrated that the Tohono O’odham can’t win ‘em all. Allegations of fraud and misrepresentation may be the undoing of the TO and may turn out to be the most important point of law still untested.

© Joyce Clark, 2015

FAIR USE NOTICE

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

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