Brannan.termination
Quartzsite, Arizona.
In a letter dated October 30, 2012 Quartzsite Interim Town Manager Laura Bruno terminated Town Attorney Martin Brannan's contract "for Cause". Bruno claims Brannan committed a Material Breach of the contract including
* Violation of AZ Rules of Professional Conduct for Attorneys by allegedly Giving advice to council members regarding personnel matters and then initiated legal action when they failed to follow his advise;
* Material Misrepresentation to Quartzsite Town Council and Violation of Town Procurement Code by claiming he was authorized by council to hire investigative firm regarding voter fraud, without approval of the council.
* Brannan repeatedly requested notice of constructive discharge (when an employee believes working conditions may have become intolerable) from then Acting Town Manager Teri Frausto
* Brannan abandoned his position by packing up belongings;
* Intimidation of Acting Town Manager and Coercion;
* Acting in violation of his duties of loyalty.
According to the letter, Bruno has set an appointment with Brannan on Friday, Nov. 9th to discuss the reasons for termination.
From the Publisher of Quartzsite's FREE Community Paper - Quartzsite news, events and entertainment published 1st and 3rd Wednesdays, Sept. thru May.
Showing posts with label Martin Brannan. Show all posts
Showing posts with label Martin Brannan. Show all posts
Monday, November 5, 2012
Monday, June 4, 2012
Quartzsite Town Council refused to seat 2 elected officials
Quartzsite, Arizona- In an unprecedented move this morning, Quartzsite Town Council voted not to seat mayor-elect Ed Foster and council-elect Mark Orgeron. Council voted that Pat Workman is qualified to be seated as council person.
Quartzsite Town Council held a special meeting at 9am to canvass the votes of the May 15th election and judge qualifications of three persons elected to the council. Town Manager, Alex Taft, explained they have "identified approximately168 voters that we need to look at more thoroughly, for a variety of reasons; out of state license plates, out of state registration, mailing addresses that are out of state, people who have not had their rights restored voting, people that are living in outlining areas and claiming they're living in town."
Council approved the canvass after Town Attorney, Martin Brannan explained the council has no other option. Brannan explained they "are accepting the count that was presented by the elections department."
Council met in three executive sessions for items on the agenda of judging the qualifications of Foster, Orgeron and Workman. When council returned, they voted that Foster is not qualified to be seated as mayor per Quartzsite Town Code. Section 2-1-10 (Ordinance 9-15) that "includes no delinquent or fixed fines, and penalties, user fees, permit fees and sales tax be owed to the Town of Quartzsite at the time of declaration of candidacy."
Council voted that Orgeron was not qualified to be seated after Brannan explained the law states one cannot be a "resident voter in another county."
Orgeron evidently presented council members with a letter to dispel all misinformation about his residency and qualifications for taking office. The cover letter is posted online at https://www.facebook.com/notes/supporters-of-mayor-ed-foster-of-quartzsite-arizona/cover-letter-of-mr-orgerons-presentation-to-council/302179733204883
Workman will replace Joe Winslow on the council. Swearing in will take place in the near future by Judge Lawrence King, who is not in town today.
Quartzsite Town Council held a special meeting at 9am to canvass the votes of the May 15th election and judge qualifications of three persons elected to the council. Town Manager, Alex Taft, explained they have "identified approximately168 voters that we need to look at more thoroughly, for a variety of reasons; out of state license plates, out of state registration, mailing addresses that are out of state, people who have not had their rights restored voting, people that are living in outlining areas and claiming they're living in town."
Council approved the canvass after Town Attorney, Martin Brannan explained the council has no other option. Brannan explained they "are accepting the count that was presented by the elections department."
Council met in three executive sessions for items on the agenda of judging the qualifications of Foster, Orgeron and Workman. When council returned, they voted that Foster is not qualified to be seated as mayor per Quartzsite Town Code. Section 2-1-10 (Ordinance 9-15) that "includes no delinquent or fixed fines, and penalties, user fees, permit fees and sales tax be owed to the Town of Quartzsite at the time of declaration of candidacy."
Council voted that Orgeron was not qualified to be seated after Brannan explained the law states one cannot be a "resident voter in another county."
Orgeron evidently presented council members with a letter to dispel all misinformation about his residency and qualifications for taking office. The cover letter is posted online at https://www.facebook.com/notes/supporters-of-mayor-ed-foster-of-quartzsite-arizona/cover-letter-of-mr-orgerons-presentation-to-council/302179733204883
Workman will replace Joe Winslow on the council. Swearing in will take place in the near future by Judge Lawrence King, who is not in town today.
Friday, May 25, 2012
Quartzsite citizens seek investigation of Mayor Lizarraga for Civil Rights Violations, Assault, Abuse of Power
Concerned Residents of Quartzsite and the Quartzsite Fire District letter to:
United States Attorney District of Arizona
Two Renaissance Square 40 N Central Ave, Suite 1200, Phoenix, AZ 85004-4408
Special Agent-in-Charge Yuma Field Office
775 E 39th St., Yuma, AZ 85364-8011
Honorable Jan Brewer Governor of Arizona
Executive Tower1700 W Washington St Phoenix, AZ 85007-2812
Honorable Tom Horne Attorney General of Arizona
1275 W Washington StPhoenix, AZ 85007-2926
Director Robert Halliday Arizona Department of Public Safety
2102 W Encanto Blvd Phoenix, AZ 85009-2847
Dear Sirs and Mesdames:
We have remained silent for too long. Our town has been overrun by miscreants, malcontents and “sovereign citizens” hell-bent on destruction. We have reason to believe that they have exploited loopholes and outright violated state law to steal an election by influencing non-residents to vote in our local election and that they have engaged in an ongoing effort to intimidate the good and law-abiding citizens of the town of Quartzsite into avoiding any active participation in town government by creating repeated disturbances at town hall, the town police station and at town meetings and by engaging in aggressive behavior toward anyone with a view different from their own.
Things have escalated recently when this “outlaw faction” co-opted the town’s mayor and somehow got him to do their bidding by attempting to force the town to swear their leaders into office before the existing council could properly canvass the election and judge the qualifications of the council members-elect and mayor-elect as is the current council’s right and duty. This has led to conduct that we have tolerated before but about which we can no longer remain silent.
1. Civil Rights Violations
We have information and belief to suspect that Quartzsite Fire District Board Member John Prutch used his position as a member to influence Mayor Jose Lizarraga, a fire Captain whom Prutch, though his control of the Fire Board, has the ability to fire, to attempt to coerce the Town Council and the Town Administration into prematurely canvassing an election, foregoing the judgment of qualifications of those who were ostensibly elected and forcing the immediate cessation of terms of office of properly elected council members. To accomplish this, we have information and belief that Lizarraga first attempted to bully Vice Mayor Cowell and Town Manager Taft into acquiescing to his demand that the canvass and swearing in of new officials be placed on the agenda without a draft resolution. This bullying consisted of abrasive, abusive and untoward language directed at this female council member and female administrator which Lizarraga is not known to direct toward male council members or staff. In fact, we have information and belief that, when he addressed Town Attorney Brannan, who our information indicates was present during much of this brow-beating session, he toned down his commentary after Mr. Brannan did not retreat from his onslaught. We also have information and belief that Lizarraga “poked” Mr. Brannan when commenting about Brannan not having a draft ordinance, which Lizarraga subsequently decided he didn’t want to present after it was created, ready the same day the Lizarraga asked for it. Our information and belief is that Mr. Brannan left the Town Manager’s office after this encounter.
Our information and belief indicates that Lizarraga increased the tone of his invective during the period of time when Mr. Brannan had left the room. We further have information and belief that Mr. Brannan took a seat further away from Lizarraga in an apparent effort to avoid being physically contacted by Lizarraga as the brow-beating continued.
We understand that after Lizarraga concluded that he would not be getting his way, he left the room saying words to the effect that “after this morning I won’t have any friends.” This preceded Lizarraga wholly abandoning his duties as elected mayor and attempting to terminate a lawfully noticed and convened meeting of the Town Council.
We believe that this conduct, which we have information and belief is not an isolated event but rather is a continuation of the verbal abuse and belittling of female council and staff members, created a hostile work environment which infringed on the rights of the female council members and staff of the town of Quartzsite based on their gender. Sex-based discrimination is intolerable to us. We recognize that, as a firefighter, Lizarraga is part of a “boys will be boys” culture and may think that such conduct is acceptable because his firefighting subordinates accept it. We suspect, however, that just as he chooses different words to try to influence other male council and staff members, he chooses to act differently around his male companions.
We are asking that you investigate Jose Lizarraga for violating the civil rights of the female council and staff of the town of Quartzsite. We are also asking that you investigate Richard Oldham, Ed Foster, Mark Orgeron, Patricia Workman, John Prutch, Tony Carnevale, Jose Lizarraga, Jack Jones, Jennifer Jones, Douglas Gilford, Teri Gilford, Michael Roth and Dana Stadler for violating the civil rights of the citizens of Quartzsite to take part in municipal government by creating a hostile environment in council meetings, engaging in conduct intended to intimidate citizens with differing views – including verbally abusing and physically threatening residents, and for voter fraud through the intimidation of voters, the purchasing of votes for something of value and the encouragement of nonresidents to vote.
Additionally, we ask that you investigate the La Paz County Elections department whom we have information and belief permitted Teri Gilford to be part of the vote collection, collating and counting process even after being advised that Gilford posted a comment advising that those voting by mail need not be bona fide residents of the town and which we have information and belief has been unnecessarily and unreasonably been withholding the names of the voters at the May 15, 2012 election to delay an investigation into voter fraud until after the Council is statutorily required canvass of the vote on June 4, 2012; the La Paz County Attorney and La Paz County Sheriff, whom we have information and belief met with mayor-elect Ed Foster and may have conspired to, or have been solicited to, assist Foster in forcing the premature transfer of authority without a proper canvass or qualification proceeding.
2. Assault
We have information and belief that Jose Lizarraga maliciously threatened and assaulted Town Attorney Martin Brannan and then made a false report against him with the intent to impede his ability to serve the town of Quartzsite. On information and belief, Lizarraga has a reputation as a person who “hates” lawyers and engineers, possibly because they have a command of skills which escape his grasp. We have information and belief that Lizarraga has stated this hatred publicly on multiple occasions and that, upon meeting Mr. Brannan in Ms. Taft’s office for the first time told Mr. Brannan that he (Lizarraga) didn’t like Mr. Brannan, but that was okay because he (Lizarraga) hated all lawyers.
We have information and belief that Lizarraga made no secret, following that initial meeting, that he considered Mr. Brannan anything other than an impediment to doing whatever he wanted as mayor. Mr. Brannan serving as such an impediment apparently continued on the morning of May 22, 2012 when Mr. Brannan repeatedly defended Vice-Mayor Cowell and Ms. Taft from Lizarraga’s verbal abuse.
This appeared to continue after Lizarraga exceeded his authority and prematurely adjourned the May 22, 2012 council meeting when Lizarraga taunted Mr. Brannan by saying words to the effect, “what are you going to do Martin, arrest me?” On information and belief, Mr. Brannan then left the council chambers to go to his office to research the illegality of Lizarraga’s actions and the Council’s options for proceeding. As Mr. Brannan passed Lizarraga in the hallway, our information and belief is that Mr. Brannan said, “who the fuck do you think you are, Jose? You’re the mayor not a dictator,” at which time we believe that Lizarraga stepped into Mr. Brannan’s “personal space” causing Mr. Brannan to put his arm out to cease Lizarraga’s ingress. We believe that this conduct was observed by Council Member Winslow. We also believe that there is a video of the hallway where the incident took place that supports what we believe Mr. Winslow saw.
We believe that Lizarraga then falsely claimed to have been assaulted by Mr. Brannan and demanded that Quartzsite Police Sergeant Frausto and Quartzsite Police Chief Gilbert arrest Brannan for assault. We understand that Lizarraga has since decided that there really was no assault and has said “the physical contact was not much and I told LPSO as much.” If, as it would appear, Lizarraga now admits that he wasn’t assaulted, his statement to law enforcement that he was assaulted is a criminal act. Further, if, as we believe Mr. Winslow observed, Lizarraga entered into Mr. Brannan’s “personal space” we believe that this is an assault. Finally, Lizarraga’s claim that being asked “who the fuck [he] thought [he] was?” and being told that he is not a dictator constitutes a threat is ludicrous. No reasonable person could ever find those statements, especially in light of Lizarraga’s attempt to dictate the actions of a majority of the Council (everyone except him) to be anything other than an inquiry that every member of the Council (and all of us) would like an answer to.
We are asking that you investigate Lizarraga for assault and for false reporting to law enforcement. We also suspect that Lizarraga’s actions may constitute a crime of bias based on Mr. Brannan’s status as a service-connected disabled American veteran.
3. Abuse of Power
Finally, we are asking that you investigate the Quartzsite Fire District Board. On information and belief there has been conduct committed by that Board, including the use of Fire District property and personnel, to influence an election.
The Quartzsite Fire District Board consists of John Prutch and Tony Carnevale. Prior to May 24, 2012, Larry Ekberg was also a member, but we have information and belief that he resigned in protest to the actions of Prutch and Carnevale. John Prutch is a recent council candidate who is appealing his loss to the Arizona Court of Appeals. He and Carnevale are purportedly supporters of Ed Foster, Patricia Workman and Mark Orgeron. Shortly before May 15, 2012, we believe that Prutch used fire department property, reportedly a swamp cooler and a barbecue grill, to serve potential voters at a “rally” for Foster, Workman and Orgeron. We further believe that Prutch used fire department personnel to transport the grill and cooler to and from the rally. We also believe that Prutch has used this and other fire department equipment for his own personal purposes having no nexus to proper fire district business. We suspect, but do not have substantial information that Carnevale was complicit in these actions.
We have additional information and belief that the fire district was scheduled to have a budget meeting on May 24, 2012 at 2:00 pm. We believe Mr. Ekberg, who is currently away from Quartzsite drove a substantial distance to attend this meeting only to learn that Prutch and Carnevale, without having a public vote, cancelled the meeting in order to permit Lizarraga to appear at a hastily scheduled Town Council meeting intended to force a canvass of the election and swearing in of new officials against the will of a majority of the Common Council. We have information and belief that when Mr. Ekberg directly confronted Prutch and Carnevale that they had cancelled the budget meeting without a vote for the purpose of forcing the town to name Ed Foster mayor, Prutch and Carnevale admitted that they had causing Mr. Ekberg to resign from the Board in disgust.
We also have information and belief that Mr. Ekberg was the primary stumbling block between firing current fire chief Kevin Hess and replacing him with Lizarraga. If this information is accurate, it shows a pattern of abuse of authority which invites the attention of your agencies. We respectfully request that such an investigation be conducted at the first opportunity.
We, the concerned citizens of Quartzsite, have stood by quietly long enough. There are many who stand with but are reluctant to sign this letter in fear of retaliation. Know that there are exponentially more concerned citizens who are unwilling to subject themselves to the wrath of those we ask you to investigate.
With respect and anticipation of your assistance,
Concerned Residents of Quartzsite and the Quartzsite Fire District
Thursday, March 15, 2012
Quartzsite to hold runoff election for mayor in May
Quartzsite, Arizona - The Final un-official election results of March 13, 2012 were released by La Paz County this afternoon.
After Tuesday's election it was reported Ed Foster was the winner, however according to Quartzsite Town Attorney, Martin Brannan, there will be a runoff for mayor in the May election.
Foster originally held the lead with over 50% of the votes, but with the additional provisional votes, the percentage is now 49.84% to Lukkasson's 38.94%. Foster received 320 votes to Lukkasson's 250 votes. Jenny Mills received 61 votes (9.50%) and write-ins received 11 votes (1.71%). 642 votes were cast for the mayoral position.
Candidates must win 50% of the votes plus one to win a seat outright in the primary.
For the complete information visit:
http://results.enr.clarityelections.com/AZ/La_Paz/38473/75726/en/summary.html
Friday, February 17, 2012
Quartzsite political feud in the news again
Yesterday, the Arizona Republic published an article about the hot political atmosphere in Quartzsite. According to Arizona Republic's Reporter Dennis Wagner, "La Paz County Attorney Sam Vederman has asked the FBI to investigate "potential systemic corruption" involving municipal leaders. In a Jan. 3 letter obtained by The Arizona Republic via a public-records request, Vederman said he believes residents of the town are being "targeted for arrest and prosecution simply because they are in political opposition" to town officials."
Read more: http://www.azcentral.com/news/politics/articles/2012/01/23/20120123quartzsite-feud-spills-into-court-internet.html#ixzz1mgJG1eiF
Read more: http://www.azcentral.com/news/politics/articles/2012/01/23/20120123quartzsite-feud-spills-into-court-internet.html#ixzz1mgJG1eiF
Friday, February 3, 2012
Town of Quartzsite's Public Defender not fired
Quartzsite, Arizona - According to a Press Release issued January 27th by Quartzsite Town Manager, Alex Taft, the town did not fire attorney Michael Frame as public defender, as previously reported online. [Editor's note: this press release was not reported on by Desert Messenger earlier, due to time constraints and deadlines. I apologize for the lateness.] The following is the press release:
TOWN OF QUARTZSITE
PRESS RELEASE
January 27, 2012
"The Town of Quartzsite has not “fired” Michael Frame as its public defender. Michael Frame was not a Town employee and had no long-term contract to serve as the Town’s public defender. Although the Town submitted a Request for Qualifications in the Spring of 2011, no one, including Michael Frame, submitted qualifications for consideration for a long-term contract with the Town.
Because Michael Frame’s contract with the Town had lapsed, the Town believed that it was in an implied month-to-month contract with Frame. When Frame increased his rates without giving a month’s notice to the Town, the Town realized that either its belief that it had a month-to-month agreement with Frame was erroneous or that Frame was intentionally breaching the month-to-month agreement by raising his rates without providing proper notice. In either event, the Town elected to follow the June 28, 2011 guidance from the Council and cease using Michael Frame as an exclusive public defender and to make appointments using the Superior Court’s appointment list while the town continued searching for a qualified public defender in search of a long-term agreement.
The decision by the Town Council to use the Superior Court’s rotation list was made by a unanimous vote of the Town Council, including then-mayor Ed Foster, and preceded the hiring of Martin Brannan as the Town Attorney and was not influenced by Brannan in any way. The decision to cease its perceived month-to-month contract, which was either perceived in error or breached by Michael Frame, was made solely by the Town Manager and was not influenced, in any way, by Brannan."
TOWN OF QUARTZSITE
PRESS RELEASE
January 27, 2012
"The Town of Quartzsite has not “fired” Michael Frame as its public defender. Michael Frame was not a Town employee and had no long-term contract to serve as the Town’s public defender. Although the Town submitted a Request for Qualifications in the Spring of 2011, no one, including Michael Frame, submitted qualifications for consideration for a long-term contract with the Town.
Because Michael Frame’s contract with the Town had lapsed, the Town believed that it was in an implied month-to-month contract with Frame. When Frame increased his rates without giving a month’s notice to the Town, the Town realized that either its belief that it had a month-to-month agreement with Frame was erroneous or that Frame was intentionally breaching the month-to-month agreement by raising his rates without providing proper notice. In either event, the Town elected to follow the June 28, 2011 guidance from the Council and cease using Michael Frame as an exclusive public defender and to make appointments using the Superior Court’s appointment list while the town continued searching for a qualified public defender in search of a long-term agreement.
The decision by the Town Council to use the Superior Court’s rotation list was made by a unanimous vote of the Town Council, including then-mayor Ed Foster, and preceded the hiring of Martin Brannan as the Town Attorney and was not influenced by Brannan in any way. The decision to cease its perceived month-to-month contract, which was either perceived in error or breached by Michael Frame, was made solely by the Town Manager and was not influenced, in any way, by Brannan."
Friday, December 30, 2011
Quartzsite Town Attorney Martin Brannan assigns cases to special prosecutor
Quartzsite, Arizona - In a press release issued this afternoon, Quartzsite Town Attorney, Martin Brannan announced cases involving five Quartzsite residents have been assigned to a special prosecutor.
The Press Release states:
"Despite reports to the contrary, the so-called Quartzsite Bagger is not the Quartzsite Town Attorney or any other elected or appointed officer of the Town of Quartzsite. The opinions expressed on http://quartzsitebagger.wordpress.com do not represent the views of any elected or appointed officer of the Town of Quartzsite. No elected or appointed officer of the Town of Quartzsite profits in any way from the sale of merchandise by Cafe Press related to the “Quartzsite Bagger” blog.
"Notwithstanding this reality, in order for the Town Attorney and other town officers to concentrate on the business of the town without the distraction this “controversy” appears to have been designed to create, the cases involving self-styled activists Ed Foster, Jennifer Jones, Michael Roth, Dana Stadler and Doug Gilford are being assigned to a special prosecutor."
The Press Release states:
"Despite reports to the contrary, the so-called Quartzsite Bagger is not the Quartzsite Town Attorney or any other elected or appointed officer of the Town of Quartzsite. The opinions expressed on http://quartzsitebagger.wordpress.com do not represent the views of any elected or appointed officer of the Town of Quartzsite. No elected or appointed officer of the Town of Quartzsite profits in any way from the sale of merchandise by Cafe Press related to the “Quartzsite Bagger” blog.
"Notwithstanding this reality, in order for the Town Attorney and other town officers to concentrate on the business of the town without the distraction this “controversy” appears to have been designed to create, the cases involving self-styled activists Ed Foster, Jennifer Jones, Michael Roth, Dana Stadler and Doug Gilford are being assigned to a special prosecutor."
Thursday, December 22, 2011
Quartzsite Town Attorney answers Jennifer Jones' accusations
Just released this afternoon, Quartzsite Town Attorney
Martin Brannan gets up close and personal.
Press Release
Dec. 22, 2011
Martin Brannan
Quartzsite Town Attorney
PO Box 2812
Quartzsite, AZ 85346-2812
I was just notified by a reporter from KSWT television in Yuma that Jennifer Jones has issued a “press”
release making generally silly accusations about her request that I be investigated by the FBI and the
Arizona Department of Public Safety (DPS) for threatening her and others. Assuming that the FBI and
DPS even find grounds to believe that there is criminal conduct requiring and investigation, which I
highly doubt, I know that I have engaged in no illegal conduct. There is one accusation that Ms. Jones
made which I do want to address, however, because I believe it is of great importance.
Ms. Jones alleged to the KSWT reporter that I am mentally unbalanced. I want to address this accusation
in the hopes that it will help others who are stigmatized by such outrageous allegations.
I am a veteran of the first gulf war (1990-1991). I received an Air Medal for my role in piloting medium
lift helicopters during combat operations in support of the 18th Airborne Corps. Shortly after returning
from the conflict, I began having migraine headaches and experiencing difficulties which fall under the
diagnostic heading of Post-Traumatic Stress Disorder (PTSD). I receive services from the Veteran’s
administration and have a service-connected disability for, along with several physical ailments, PTSD. I
continue to suffer from occasional depression, anxiety and troubled sleep. I take medication for my
condition which makes dealing with this disorder easier, but I do have symptoms and suffer from a
condition designated by mental health professionals as a mental illness.
I admit this freely and without reservation because, like thousands of other Americans who have served
this country against an armed enemy, I am not ashamed of the scars I earned ensuring that people like
Jennifer Jones have the freedoms that Americans enjoy. While Ms. Jones uses her freedom of speech to
ridicule people who bear the mental scars of combat like myself and Council Member Joe Winslow, she
rails against anyone who dares to exercise their free-speech rights to ridicule her and her “service” to her
fellow human beings.
The last US Combat troops have finally left Iraq and many more are still serving in Afghanistan. Some
of them will soon be returning to the United States and to civilian life. Some of them may return to this
community. All of them will have been impacted by their combat service. Some of them, like me, will
have a service-connected disability as a result of their service. All of them, like me, will nevertheless be
capable of really serving their communities both in spite of and, more importantly, because of the
personal price they paid to secure your freedoms.
How you treat these brave men and women who suffer scars that you cannot see will be up to you. You
can honor their service and their sacrifice and help them to adjust to civilian life.
You can also ridicule them and make scurrilous claims that they are mentally unstable like Ms. Jones
does. Like Ms. Jones you can even claim that you are a “patriot” in doing so. That, too is your right; a
right that these brave men and women and Joe Winslow and I all sacrificed a part of their own wellbeing
to ensure.
Tuesday, August 23, 2011
Quartzsite Town Council makes changes to Town Codes
At the Town Council meeting today, Quartzsite Council members approved ordinances that make some serious changes to the Town Procedure Policy.
---The 2011-2012 Budget was approved.
---Suspension of the Rules for amending the Procedure Policy.
---Approved Ordinance 11-10 relating to duties, responsibilities and authority of council and mayor.
---Approved Ordinance 11-11, changing the time of regular council meetings to 9:00 am instead of 7:00pm, keeping the 2nd & 4th Tuesday of the month.
The changes in the Ordinances can be found online at http://ci.quartzsite.az.us/2011%20Packets/082311%20agd.html
Within hours of Quartzsite Town Council approving Ordinance 11-10, Mayor Ed Foster posted his letter to Attorney General Tom Horne (below) on "Supporters of Mayor Ed Foster" Facebook page.
Letter from Mayor Foster:
Dear Attorney General Horne,
--
In my elected capacity as Mayor of the Town of Quartzsite Arizona, I am writing to you so as to immediately inform and create a line of communication with you by virtue of your unique office as a state official. I am contacting you regarding Quartzsite Ordinance 11-10 just enacted by the Common Council of Quartzsite on August 23, 2011.
--
I believe a commonly recognized, overarching principle which governs any statutorily incorporated town in Arizona, like Quartzsite, fundamentally lies at the core of representative government and respect for such, and therefore I wish to bring this matter to your immediate attention.
--
Local legislative bodies such as Town Councils and Mayors are unquestionably representatives of the people under the constitution and statutes of Arizona, and are duly elected to office with specific state constitutional and statutory duties. I believe it is clear principle, therefore, that elected officials must be free of at the point of election and during their tenure in their respective public offices to perform their statutory and state constitutionally empowered duties.
--
Of immediate concern for me and my constituents, is that Quartzsite Ordinance 11-10 specifically interferes with my ability to perform my statutory duties, and interferes with the statutory authority of the office of Mayor (and therefore myself as Mayor of Quartzsite) set forth by A.R.S. 26-311.
--
Clearly, the purpose of A.R.S. 26-311 is to promote public safety in local jurisdictions. In the vein of protecting and promoting public safety in local jurisdictions across Arizona, the legislature has separated and clearly defined the statutory duties and powers of a local government, such as the Town of Quartzsite, during a period where a local emergency (pursuant to A.R.S. 26-311) may be declared by ordinance or resolution. In the case of Quartzsite, such an act would initially derive from the Common Council, by statutory authority and present local ordinance in effect under such statutory authority provided in A.R.S. 26-311.
--
It is clear A.R.S. 26-311 was crafted and enacted into Arizona law so as to avoid conflicts of interests or confusions at the state, county, and local jurisdictional levels, regarding in whom “authority” to “govern” is vested pursuant to the aforementioned statute. It is also of vital public interest, and therefore state interest, that the general public living in or passing through a town, (such as Quartzsite) where such a local emergency may have been declared, have a clear and irrefutable understanding of why, how, and who shall govern during such a local emergency.
--
Because county and local electorates do rely on state statutes to define the duties and authority of those they elect to office, it becomes a vital issue not only to a local electorate, but to the state also, when unlawful legislation at a county or local level is enacted, by ignorance or intent, squarely operating against applicable Arizona state law in a specific matter. It can lead to public confusion, which especially, neither the public nor any level of government wishes to see compounded during a time of state or local emergency.
--
I believe A.R.S. 26-311 is the type of “applicable statute’ referred to by the Arizona Constitution; a statute which already very clearly sets forth statewide policy regarding both the duties and authority of local elected officials (including a mayor) regarding local emergencies of the nature described in A.R.S. 26-311.
--
I believe after a careful review, of the attached Quartzsite Ordinance 11-10 you will come to support my opinion that A.R.S. 26-311 preempts in large part almost all of Quartzsite Ordinance 11-10 in a number of details which I have not covered in specificity for the sake of brevity.
--
In closing, I ask for your support as a state official by way of a responsive letter and any future action you deem necessary by virtue of your public office is necessary to ensure that Arizona laws are abided by in such event that the Common Council of Quartzsite (by resolution or ordinance) declares and emergency under 26-311. I further ask that you recognize and support my statutory authority and duties under 26-311 in an instance they are unlawfully usurped during a local emergency called for pursuant to A.R.S. 26-311.
--
Yours,
--
Mayor Ed Foster, Quartzsite, Arizona
This is the statute that Foster claims the Council violated by passing Ordinance 11-10:
26-311. Local emergency; power of political subdivisions; state agency assistance
A. In addition to the powers granted by other provisions of the law or charter, whenever the mayor of an incorporated city or town or the chairman of the board of supervisors for the unincorporated portion of the county, shall deem that an emergency exists due to fire, conflagration, flood, earthquake, explosion, war, bombing, acts of the enemy or any other natural or man-made calamity or disaster or by reason of threats or occurrences of riots, routs, affrays or other acts of civil disobedience which endanger life or property within the city, or the unincorporated areas of the county, or portion thereof, the mayor or chairman of the board of supervisors, if authorized by ordinance or resolution, may by proclamation declare an emergency or a local emergency to exist.
B. If an emergency is declared pursuant to subsection A, the mayor or the chairman of the board of supervisors shall, during such emergency, govern by proclamation and shall have the authority to impose all necessary regulations to preserve the peace and order of the city, town, or unincorporated areas of the county, including but not limited to:
1. Imposition of curfews in all or portions of the political subdivision.
2. Ordering the closing of any business.
3. Closing to public access any public building, street, or other public place.
4. Calling upon regular or auxiliary law enforcement agencies and organizations within or without the political subdivision for assistance.
5. Notifying the constitutional officers that the county office for which they are responsible may remain open or may close for the emergency.
C. In periods of local emergency, including an emergency declared pursuant to subsection A of this section, political subdivisions have full power to provide mutual aid to any affected area in accordance with local ordinances, resolutions, emergency plans or agreements therefor.
D. State agencies may provide mutual aid, including personnel, equipment and other available resources to assist political subdivisions during a local emergency in accordance with emergency plans or at the direction of the governor.
---The 2011-2012 Budget was approved.
---Suspension of the Rules for amending the Procedure Policy.
---Approved Ordinance 11-10 relating to duties, responsibilities and authority of council and mayor.
---Approved Ordinance 11-11, changing the time of regular council meetings to 9:00 am instead of 7:00pm, keeping the 2nd & 4th Tuesday of the month.
The changes in the Ordinances can be found online at http://ci.quartzsite.az.us/2011%20Packets/082311%20agd.html
Within hours of Quartzsite Town Council approving Ordinance 11-10, Mayor Ed Foster posted his letter to Attorney General Tom Horne (below) on "Supporters of Mayor Ed Foster" Facebook page.
Letter from Mayor Foster:
Dear Attorney General Horne,
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In my elected capacity as Mayor of the Town of Quartzsite Arizona, I am writing to you so as to immediately inform and create a line of communication with you by virtue of your unique office as a state official. I am contacting you regarding Quartzsite Ordinance 11-10 just enacted by the Common Council of Quartzsite on August 23, 2011.
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I believe a commonly recognized, overarching principle which governs any statutorily incorporated town in Arizona, like Quartzsite, fundamentally lies at the core of representative government and respect for such, and therefore I wish to bring this matter to your immediate attention.
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Local legislative bodies such as Town Councils and Mayors are unquestionably representatives of the people under the constitution and statutes of Arizona, and are duly elected to office with specific state constitutional and statutory duties. I believe it is clear principle, therefore, that elected officials must be free of at the point of election and during their tenure in their respective public offices to perform their statutory and state constitutionally empowered duties.
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Of immediate concern for me and my constituents, is that Quartzsite Ordinance 11-10 specifically interferes with my ability to perform my statutory duties, and interferes with the statutory authority of the office of Mayor (and therefore myself as Mayor of Quartzsite) set forth by A.R.S. 26-311.
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Clearly, the purpose of A.R.S. 26-311 is to promote public safety in local jurisdictions. In the vein of protecting and promoting public safety in local jurisdictions across Arizona, the legislature has separated and clearly defined the statutory duties and powers of a local government, such as the Town of Quartzsite, during a period where a local emergency (pursuant to A.R.S. 26-311) may be declared by ordinance or resolution. In the case of Quartzsite, such an act would initially derive from the Common Council, by statutory authority and present local ordinance in effect under such statutory authority provided in A.R.S. 26-311.
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It is clear A.R.S. 26-311 was crafted and enacted into Arizona law so as to avoid conflicts of interests or confusions at the state, county, and local jurisdictional levels, regarding in whom “authority” to “govern” is vested pursuant to the aforementioned statute. It is also of vital public interest, and therefore state interest, that the general public living in or passing through a town, (such as Quartzsite) where such a local emergency may have been declared, have a clear and irrefutable understanding of why, how, and who shall govern during such a local emergency.
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Because county and local electorates do rely on state statutes to define the duties and authority of those they elect to office, it becomes a vital issue not only to a local electorate, but to the state also, when unlawful legislation at a county or local level is enacted, by ignorance or intent, squarely operating against applicable Arizona state law in a specific matter. It can lead to public confusion, which especially, neither the public nor any level of government wishes to see compounded during a time of state or local emergency.
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I believe A.R.S. 26-311 is the type of “applicable statute’ referred to by the Arizona Constitution; a statute which already very clearly sets forth statewide policy regarding both the duties and authority of local elected officials (including a mayor) regarding local emergencies of the nature described in A.R.S. 26-311.
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I believe after a careful review, of the attached Quartzsite Ordinance 11-10 you will come to support my opinion that A.R.S. 26-311 preempts in large part almost all of Quartzsite Ordinance 11-10 in a number of details which I have not covered in specificity for the sake of brevity.
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In closing, I ask for your support as a state official by way of a responsive letter and any future action you deem necessary by virtue of your public office is necessary to ensure that Arizona laws are abided by in such event that the Common Council of Quartzsite (by resolution or ordinance) declares and emergency under 26-311. I further ask that you recognize and support my statutory authority and duties under 26-311 in an instance they are unlawfully usurped during a local emergency called for pursuant to A.R.S. 26-311.
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Yours,
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Mayor Ed Foster, Quartzsite, Arizona
This is the statute that Foster claims the Council violated by passing Ordinance 11-10:
26-311. Local emergency; power of political subdivisions; state agency assistance
A. In addition to the powers granted by other provisions of the law or charter, whenever the mayor of an incorporated city or town or the chairman of the board of supervisors for the unincorporated portion of the county, shall deem that an emergency exists due to fire, conflagration, flood, earthquake, explosion, war, bombing, acts of the enemy or any other natural or man-made calamity or disaster or by reason of threats or occurrences of riots, routs, affrays or other acts of civil disobedience which endanger life or property within the city, or the unincorporated areas of the county, or portion thereof, the mayor or chairman of the board of supervisors, if authorized by ordinance or resolution, may by proclamation declare an emergency or a local emergency to exist.
B. If an emergency is declared pursuant to subsection A, the mayor or the chairman of the board of supervisors shall, during such emergency, govern by proclamation and shall have the authority to impose all necessary regulations to preserve the peace and order of the city, town, or unincorporated areas of the county, including but not limited to:
1. Imposition of curfews in all or portions of the political subdivision.
2. Ordering the closing of any business.
3. Closing to public access any public building, street, or other public place.
4. Calling upon regular or auxiliary law enforcement agencies and organizations within or without the political subdivision for assistance.
5. Notifying the constitutional officers that the county office for which they are responsible may remain open or may close for the emergency.
C. In periods of local emergency, including an emergency declared pursuant to subsection A of this section, political subdivisions have full power to provide mutual aid to any affected area in accordance with local ordinances, resolutions, emergency plans or agreements therefor.
D. State agencies may provide mutual aid, including personnel, equipment and other available resources to assist political subdivisions during a local emergency in accordance with emergency plans or at the direction of the governor.
Tuesday, July 5, 2011
Special Meeting of Quartzsite Town Council, July 7th, 2011 10am
The Quartzsite Town Council will hold a Special meeting
THURSDAY, JULY 7, 2011 10:00 AM
AGENDA:NEW BUSINESS:
070711 – SP1. Discussion and possible approval of Ordinance No. 11-08; amending Quartzsite Town Code, Chapter 3, Article 3-2, Section 3-2-5 establishing the Town Manager as the appointing authority of the position of Town Attorney and expanding and clarifying the duties of Town Attorney to include the roles of Town Prosecutor and Town Parliamentarian. (Not open for public discussion)
Jerry Lukkasson, Council Member
070711 – SP2. Possible approval to go into executive session pursuant to A.R.S. 38-431.03 (A)(1) & (A)(3) for the purpose of: (Not open for public discussion)
1) Negotiating terms for Martin Brannan, Town Prosecutor to serve as Town Attorney.
Jerry Lukkasson, Council Member
070711 – SP3. Discussion and possible approval of Martin Brannan as Town Attorney in addition to his duties as Town Prosecutor, terms to be negotiated. (Not open for public discussion)
Jerry Lukkasson, Council Member
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