Jones vs. lizarraga hearing challenging Quartzsite's mayoral recall election

Jennifer Jones challenged the qualifications of the newly elected Mayor Jose Lizarraga today in La Paz County Superior Court. Judge Burke began by explaining the town had filed an application to intervene.
Jones read a prepared "legal response" saying she didn't have time to file it. In her statement, she objected to the town's right to intervene, saying certain rules do not apply. As there were no recording devices allowed, we all had to rely on our notes. Jones' statement was read so fast and had so many points listed, it was beyond my ability to write it all down, so here are some of the highlights.

In a hearing of under 40 minutes, Judge Michael Burke agreed with Town of Quartzsite's attorney, Martin Brannan regarding if Lizarraga is considered ineligible to hold office, the seat is vacant. Jones argued ARS statute 16-672-C does not permit intervention. Burke explained state statute ARS 19-216 is relevant, not 16-672-D, which regulates recall elections. In a recall election, if the incumbent does not receive the most votes, he loses. "He is actually being ousted from office by the voters," Burke said. He also said, "no matter what happens, Foster could not be reinstated as mayor."

Jones asked the court to default, as Lizarraga was not present. Jones asked that Brannan, who was not present, "should have recused himself; he is ineligible to be the town attorney."  Burke asked Jones to continue.


Jones read another statement listing many allegations against Lizarraga. Allegations included: violations of open meeting laws, not placing Police Chief Gilbert on administrative leave, that there was no bond posted according to 2-1-7 of the town code, that he participated in an illegal vote appointing town attorney Martin Brannan, not officially terminating previous town attorney Pam Walsma, participating in restrictions of freedom of speech, he openly admitted to violating open meeting laws, and other allegations.


Burke said, "All we have at this point is accusations." He asked Jones if there had been any proof presented that Lizarraga has been found guilty in a court of law. She replied no. Burke explained, "until he has been found guilty beyond a reasonable doubt, these are all just allegations."

Jones focused on the bond issue. Burke asked if she had a copy of the town code. Jones stated she included it in her complaint, but Burke said it was paraphrased. He wanted to research the issue.

He said, "If there is no bond, the office of mayor is vacant. If he has filed a bond, he is still mayor.
Burke also stated he would need to research the matter more. So it's not over, yet.

Jones vs. Quartzsite Mayor Lizarraga hearing set

Parker, AZ
Judge Michael Burke has set a date for a hearing on Thursday, Sept. 22nd at 10am in La Paz County Superior Court. Case No. CV201100117: Jennifer Jones vs. Jose Lizarraga. (See earlier post)

Jones is challenging the qualifications of Lizarraga as mayor. No answer was received from Lizarraga. Town of Quartzsite filed an Application to Intervene. Burke granted the town's application to intervene. The court has allotted one hour for the hearing.

Quartzsite Mayor Elect Jose Lizarraga thanks the community

I would like to thank the community for the privilege to help lead this town. There are so many people that took personal time, effort and funds to make this possible. You all did it without asking and with pride. I feel that this is the true strength of this town. People helping people for the greater benefit of the community and individuals that live here. Thank you.

We have a lot of hard work ahead of us. There will be many rough spots but I know that if we stay professional and continue to care for our neighbors we will all get though. I will be asking the council to make some difficult and complicated decisions. No matter what the outcome we must all remember that we work for the greater good of this community.

I challenge this community to come together. I challenge this community to stay positive. I challenge you not to hold a grudge. I wish that things would change overnight but I know different. I hope that with effort and positive attitude we can become a model town that others could only hope to imitate. It will not be because of me… It will be because of you. It WILL NOT be easy, but we CAN do it.

Thank you.
Jose Lizarraga
Citizen, Town of Quartzsite

Mayor Ed Foster no show at hearing

Quartzsite mayor Ed Foster was a no show at La Paz County Superior Court this morning. Foster challenged the validity of the notary seal on mayor recall signatures. Foster did file a third motion at the court at 8:45 this morning requesting county supply original signature papers. However, Foster was nowhere to be found at the appointed time of the hearing. Judge Michael Burke dismissed all 3 motions.

Plus Burke awarded the town of Quartzsite their attorney fees.

Quartzsite: Two arrested at Council meeting last night

Quartzsite, AZ- Recently declared council candidate, Jennifer "Jade" Harris-Jones was arrested as she approached Quartzsite Town Hall on Tuesday evening, November 23, 2010. She was arrested on two charges: Obstructing Governmental Operations; a Class 1 misdemeanor; and False Reporting to Law Enforcement Agencies; a Class 1 misdemeanor. The charges were pertaining to an incident on Friday, November 19, 2010, when Quartzsite Building Official, Al Johnson, went to 645 N. Central Blvd., Quartzsite on official Town Business.

The property consists of J & S Covers, a year-round business owned by Jim and Stephanie Aaron, and A Fur Salon, a seasonal dog grooming vending business owned by Jennifer "Jade" Harris-Jones. To view the video of the incident taken by John "Jack" L. Jones, visit http://www.quartzsitearizona.blogspot.com/.

During the Quartzsite Town Council meeting, Mr. Russell Sias, Manager of Crawford's RV Park and a previous candidate for council, presented manilla envelopes to each council member, Town Manager Alex Taft, and asked Town Attorny Pamela Walsma to give an envelope to Al Johnson, who was not present. Sias proceeded to the back of the room where Police Chief Jeff Gilbert stood, with crossed arms. Sias slammed the envelope into his chest and face, creating outcries from the crowd. Sargeant Javier Frausto took Sias into custody on a misdemeanor charge of assault.

Mayor Ed Foster posted bail for Harris-Jones during the night, while Sias was unable to secure bail and will appear before the judge this morning in Parker.

Mayor Ed Foster censured by Quartzsite Town Council video online!

Videos of Quartzsite Town Hall meeting, Tuesday, Sept. 14, 2010 are now online. Due to the length constraints, there are 10 videos now on the Internet.
Folks can see for themselves what happened the night Quartzsite Town Council censured Mayor Ed Foster. http://bit.ly/qtzvideo

The first video is here:
www.youtube.com/user/Qwatchingeyes?feature=mhum

Quartzsite Town Council censures Mayor Ed Foster

Even before the meeting could begin, there was disruption at the Town Council meeting, Tuesday, Sept. 14, 2010. As Mayor Ed Foster began to stand for the invocation, Council member Patricia Anderson, made a motion to have one of the local pastors deliver the invocation. Arguments pursued. Town Attorney, Pamela Walsma explained there was a motion on the floor and there should be a vote. Mayor Foster said he would not recognize Council member Anderson and continued with the invocation, while the some of the council continued to sit in their chairs.
After the roll call, Mayor Foster challenged the validity of the ad hoc Ethics Committee recommendations. He said the attorney had to approve it to form. Foster said, "We are actually in illegal territory, here." He then asked Walsma if she could find anywhere in The General Powers of the Common Council ARS 9.240 and "point out where a common council can take sanctions against one of its own members". Foster then asked if anyone wanted to go into executive session. Council member Bob Kelley explained there were many meetings, but the mayor refused to attend.

ARS 9.240 STATES: #29. To adopt ordinances for the government of the corporation, its officers and persons within its corporate limits needful for the good government and order of the municipalities, and to provide the manner of prosecution and define the punishment for the violation of such ordinance.

Council member Jose Lizzarraga made a motion that Vice Mayor Barbara Cowell take over the meeting. It was seconded, but the Mayor argued the legality of it. Resident Ron Burch stepped up to the podium and asked if he could interrupt the meeting, and he did just that. He stated the discussion should be tabled.
Agenda item 1: Discussion and possible action regarding the ad hoc Ethics Committee recommmendations concerning Mayor Foster's official conduct.
Council member Anderson read a Town Codes explaining the procedures of the ad hoc Ethics Committee and "how we got here today."
Vice Mayor Cowell read a prepared statement explaining how the ad hoc Ethics Committee concluded the actions of the mayor were not minor in nature, and the procedures they had to follow.

Cowell read the letter sent to Foster dated Sept. 1, 2010 listing the 8 recommendations.

1. Require additional elected official training for Mayor Foster and Council Members.


2. Refer possible criminal matters to the Arizona Attorney General’s office or the appropriate law enforcement agency for review.

3. Direct Mayor Foster to turn over all documents, correspondence and records pertaining to or purported to pertain to Town business to the Town Clerk.

4. The Mayor may not represent the Town on any official Town business until the above referenced matters have been resolved.

5. Withhold permission for Mayor Foster to attend committee meetings or contact outside agencies in his official capacity as Mayor until the above referenced matters have been resolved.

6. Require that Mayor Foster stop using his title of Mayor in the Mineshaft blog.

7. Require Mayor Foster to comply with the Town Code, Town Council Procedure Policy, and the Personnel Policy.

8. Censure Mayor Foster for acting outside his scope of office.

Council member Lizarraga spoke saying, "I don't believe it goes far enough. I do agree any possible criminal matters be referred for prosecution. I do believe the mayor should be censured!" He read a statement asking for a written apology from the mayor to staff, Town Manager, Chief of Police, the towns people, the council. He also asked for the Mayor's immediate resignation.
Foster tried to let the public talk, but there was much yelling with the a boisterous crowd! Ron Burch started yelling. During this time, Council members Kelley, Lukkasson and Winslow got up and left the room. Vice Mayor Cowell stood up to try and calm the crowd. Quartzsite Police Chief Jeff Gilbert stepped in and demanded "we will have order!"

Council member Lizarraga continued saying, "This community is at it's very lowest. We were told by our insurance that if we did not do something, we could be held liable."
Council member Kelley said, "I've done everything I can..."
Resident Dean Taylor spoke, "How terrible it looks from where I sit. We've had more mayors than Chicago! This town is being run by a vigilante group!" As he left the podium, he said, "Go to hell!"

After some discussion about content on his website, Foster said, "I publish the truth!"
Council member Jerry Lukkasson asked, "Who do you work for? Why are you here, if not for the town?"
Foster replied he works for the people that voted him into office.
Mayor Foster addressed Chief Gilbert as "Mr. Gilbert". Chief Gilbert told the mayor that he "has a responsibility to maintain order. Quartzsite is a good place, and you are good people" turning to the crowd. Addressing the mayor, Gilbert said, "you represent all of the people! The mayor has let this meeting get out of control!" Gilbert continued saying he was one of the people that lodged a complaint against the mayor. "I applaud the council and the ad hoc committee. They have taken the right steps, for once!"
The Quartzsite Town Council voted 6 to 1 to approve the action regarding the ad hoc Ethics Committee recommmendations concerning Mayor Foster's official conduct, which includes censuring.
 
On agenda item 2 the Quartzsite Town Council voted to take action to renounce and disclaim all of the actions and communications of Mayor Foster which have occured without the prior knowledge and approval of the Town Council and to declare that all such actions and communications are not the offical acts and communications of the Town of Quartzsite.
 
Item 3 was Mayor Foster's response to the actions taken by the council. He agreed with item 1, stating that Town Manager Alex Taft has resisted training from the League of Cities and Towns.
"I agree with item 2 that the Attorney General should be called into town to investigate allegations".
Foster said he had a problem with turning over documents, as the reports included of the ad hoc committee was without redaction.
Regarding item 4, Foster said, "The ad hoc Committee does not have any authority for the council to take sanctions on one of their members."
Item 5, he said, "the same"
Item 6. "To restrict my rights, my guarantee of free speech" he would not do. "I will continue to report in the Mineshaft as mayor!"
Item 7: "If I had not complied with any laws, I will correct my actions"
 
He continued with a prepared statement saying "Chief Gilbert was guilty of harrassing me". Foster said he tried to maintain a discrete presence regarding the allegations made to agencies. Foster said, "This is a political attack orchestrated by Chief Gilbert! I will continue to do the job of the people that voted me to do."
 
Residents spoke about their concerns for the future of Quartzsite. Violet Kiss told about the Coalition meeting she attended in early June of this year, shortly after Mayor Foster took office. She said, "You directed Jade (Jennifer Harris) to sue every person on the council! You're on your own agenda and I don't believe its for Quartzsite!"
Michelle Lukkasson said she expects many people to be ready to file recall papers on Nov. 25th. Foster said Nov. 25th is his birthday and he expects a great birthday present.
 
Foster said, "Censure means nothing to me! The council cannot take sanctions against me."

Quartzsite Mayor sends letter to 3 council members

The following is a letter from Quartzsite Mayor Ed Foster delivered to three Council members' boxes on June 16, 2010. The Desert Messenger received a copy on June 17, 2010, from Quartzsite Town Hall, after filing the proper Public Record Request paperwork.

"To: Council members
Patricia Anderson, Joe Winslow, Jose Lizarraga
Subject:
Respect

If you can't respect me as Mayor you must respect the office of Mayor.

The Mayor calls meetings and if you have a problem with the schedule I propose then you can contact me by letter or phone and I will give consideration to you reasons. I am going to recognize the change you have made this time, but this will not be acceptable in the future.

No meetings of the common council of Quartzsite will be called in the future with out the consent of the Mayor.

The common council of Quartzsite was organize[d] under parliamentary rules and will be run in the future under those rules. The agenda will be set by the Mayor and nothing will be placed on the agenda unless the Mayor approves.

Ed Foster
Mayor"

With so much confusing information on the Internet and some articles/websites written as fact, but are more opinion/editorial in nature, I thought it would be good for the citizens to have more clarification regarding Town Council Procedures.

Here is the exact text from the town's policy procedure manual, which is an approved ordinance :

Quartzsite Town Council Procedure Policy
(also received after filling out the proper paperwork with Town of Quartziste)

Ord. No. 09-29:

Section II. General Rules
13 - Rules of Order:
" 'Robert's Rules of Order Revised' shall govern the proceeding of the Council. The Town Attorney shall serve as the parliamentarian."

Section III. Types of Meetings
3. Work Sessions

"The Council may meet informally in work sessions at the call of the Mayor or any three (3) Members of the Council. Work sessions are open to the public, with public participation. No official action can be taken at a work session."

Section V - Order of Business & Agenda
2. Agenda-Determination of Specific Items to be included:

"Requests for items to be placed on the agenda should be submitted to the Town Manager or Town Clerk in writing no later than 11:00 am on the Wednesday of the week proceding the scheduled Council meeting. The public shall request items to be placed on the agenda through a Council Member.
"The Town Manager shall prepare a proposed agenda and meet with the Mayor, and Town Attorney to discuss and prioritize the agenda itmes and decide their placement on the agenda. A finalized copy of the agenda along with all available information pertaining thereto will be placed in the Council Members' boxes by Friday afternoon."