AZ Attorney General says Quartzsite Town Council violated Open Meeting Law
Quartzsite, Arizona December 13, 2011 - In an eight-page letter to Quartzsite Town Attorney Martin Brannan, Arizona Attorney General Tom Horne outlined the violations that troubled his office.
"A couple of issues. One, the lady that was expelled," says Attorney General Horne about Jennifer Jade Jones' illegal dismissal from a public town council meeting on June 28. "She had come forward to address the board and turned her back and started addressing the audience...so [the town council members] were looking at her back. And I think they, you know, had a reasonable complaint that she shouldn't do that."
Attorney General Horne explains where the council went wrong.
"But they expelled her right away," said Horne. "The rule is if you're going to expel someone for disruptive behavior, you give them a warning first."
Jones expressed pleasure over the Attorney General's decision.
"I thought that was fascinating, especially since they did affirm that I was wrongfully removed from that meeting and that we were wrongfully denied access to the secret meeting," said Jones.
That secret meeting Jones referred to was the town council's closed-door meeting July 10th. Horne also says the council's failure to give proper public notice violated Arizona's Open Meeting Law.
"The remedies are some additional training," said Horne about the Quartzsite Town Council. "I'll be there to discuss our findings with their attorney...and then we'll monitor them for awhile."
However, Jones doesn't believe things will change in Quartzsite.
"I think the Council is going to laugh at getting a slap on the wrist," said Jones. "If you walk into any courtroom in the United States, they're going to tell you the ignorance of the law is no excuse. And the Attorney General's Office knows very well that this town council was trained by the League of Cities and Towns that it was videotaped and that was part of the evidence that they looked at. So the Council already had training. They were explicitly told not to do exactly hat they did. They did it anyway and they did it willfully."
Horne says Quartzsite's Open Meeting Law violations should send a strong message to those who serve the public in Arizona.
"People who serve on boards need to be well-educated on the Open Meeting Law and what they need to be doing," said Horne of the Quartzsite Town Council. "I think what was primarily the problem was not having sufficient education and so we're trying to correct that."
"A couple of issues. One, the lady that was expelled," says Attorney General Horne about Jennifer Jade Jones' illegal dismissal from a public town council meeting on June 28. "She had come forward to address the board and turned her back and started addressing the audience...so [the town council members] were looking at her back. And I think they, you know, had a reasonable complaint that she shouldn't do that."
Attorney General Horne explains where the council went wrong.
"But they expelled her right away," said Horne. "The rule is if you're going to expel someone for disruptive behavior, you give them a warning first."
Jones expressed pleasure over the Attorney General's decision.
"I thought that was fascinating, especially since they did affirm that I was wrongfully removed from that meeting and that we were wrongfully denied access to the secret meeting," said Jones.
That secret meeting Jones referred to was the town council's closed-door meeting July 10th. Horne also says the council's failure to give proper public notice violated Arizona's Open Meeting Law.
"The remedies are some additional training," said Horne about the Quartzsite Town Council. "I'll be there to discuss our findings with their attorney...and then we'll monitor them for awhile."
However, Jones doesn't believe things will change in Quartzsite.
"I think the Council is going to laugh at getting a slap on the wrist," said Jones. "If you walk into any courtroom in the United States, they're going to tell you the ignorance of the law is no excuse. And the Attorney General's Office knows very well that this town council was trained by the League of Cities and Towns that it was videotaped and that was part of the evidence that they looked at. So the Council already had training. They were explicitly told not to do exactly hat they did. They did it anyway and they did it willfully."
Horne says Quartzsite's Open Meeting Law violations should send a strong message to those who serve the public in Arizona.
"People who serve on boards need to be well-educated on the Open Meeting Law and what they need to be doing," said Horne of the Quartzsite Town Council. "I think what was primarily the problem was not having sufficient education and so we're trying to correct that."
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http://www.usatoday.com/USCP/PNI/NEWS/2011-12-15-PNI1215met-quartzsite-town-council-abrkPNIBrd_ST_U.htm
AG: Quartzsite violated meeting law
By Angela Piazza
Attorney General Tom Horne says his office has found evidence that the Quartzsite Town Council violated the state Open Meeting Law and failed to comply with posting requirements for notices and minutes.
On June 28, the council removed a resident from a public meeting in the western Arizona town for being disruptive without first issuing her a mandatory first warning notice, according to Horne.
On July 10, an emergency meeting was held at the Town Hall to discuss the disruption that occurred in the June 28 meeting. During the emergency meeting, the public was locked out of the meeting hall by the council. The council also failed to post meeting minutes on the town's website, Horne said.
Horne has recommended that the council discuss its concerns with legal counsel in a properly noticed public meeting. He also said that each council and staff member should receive training on the requirements of open meeting laws with counsel from the League of Arizona Cities and Towns. Lastly, Horne asked the council to submit to oversight by his office for 12 months and provide a schedule of meetings and copies of meeting notices, agendas and minutes. He asked that Quartzsite officials respond to that recommendation by Dec. 30.
The Quartzsite manager was not available for comment. Mayor Jose Lizarraga said he would have no comment now.
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BREAKING NEWS: Horne Finds Open Meeting Law Violations In Quartzsite
The Quartzsite Town Council violated Arizona’s Open Meeting Laws four times in connection to the removal of a local resident from a July meeting, Attorney General Tom Horne has ruled.Horne sent a letter to the Quartzsite Town Attorney regarding the Council’s removal of Jennifer Jones, who was speaking during a call to the public in June. The controversial incident was caught on video and later viewed by thousands over the Internet.
The Council had reason to object when Jones turned her back to the Council and addressed the audience, but she should have been given a warning.
“Public bodies can eject members of the public for disruptive conduct, but they must first give a warning, which the council failed to do,” Horne’s press release stated.
A second violation occurred July 10 in which the Council convened an emergency meeting at the Town Hall to discuss disruptions during previous meetings. The Council locked the doors to the meeting room and did not allow any member of the public to attend its meeting. Horne ruled that excluding the public from this meeting violated the Open Meeting Law.
A third violation involves the Council not fully complying with the posting requirements for emergency meetings. As of Dec. 9, the minutes of the emergency meeting were not posted on the Town website. The final violation involves the failure to comply with posting requirements for Notices and Minutes.
The Council did not post minutes for the July 10 emergency meeting. In addition, the Council failed to post minutes for a number of its meetings labeled as “work sessions.”
Horne is recommending the Council discuss these issues during a properly posted public meeting, and that each Council member attend training on Open Meeting Laws. The Council will also be subject to oversight by the Attorney General’s Office for a year.
To read Horne’s letter in its entirety, click here.
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http://www.kpho.com/story/16315940/horne-quartzsite-violated-opening-meetings-law
Posted: Dec 13, 2011 1:03 PM Updated: Dec 13, 2011 1:13 PM
By Phil Benson - email
Arizona Attorney General Tom Horne Arizona Attorney General Tom Horne
PHOENIX (KPHO) -
The Quartzsite Town Council violated Arizona's Open Meeting Laws in connection with the conduct of meetings and dealings with a member of the public, Arizona Attorney General Tom Horne said Tuesday.
Horne cited four alleged violations in a letter to the Quartzsite town attorney:
* June 28: While addressing the council, Quartzsite resident Jennifer Jones was removed from the meeting by a vote of the council, Horne said. She had turned her back on the council and was addressing the audience, which the council reasonably could object to, he said. Public bodies can eject members of the public for disruptive conduct, but they must first give a warning, which the council failed to do, Horne said.
* July 10: The Council convened an emergency meeting at the Town Hall to discuss disruptions during previous meetings. The Council locked the doors to the meeting room and did not allow any member of the public to attend its meeting, Horne said. Excluding the public from the meeting violated the Open Meeting Law, Horne said.
* Dec. 9: In a related violation, the Attorney General said the Council did not fully comply with the posting requirements for emergency meetings. Horne said as of Dec. 9, the minutes of the emergency meeting were not posted on the town's website.
* The final violation involved the failure to comply with posting requirements for notices and minutes, Horne said. The council did not post minutes for the July 10 emergency meeting, according to Horne. The council also failed to post minutes for a number of its meetings labeled as "work sessions," Horne said.
Horne said he was making several recommendations. He wanted the council to discuss his concerns with its legal counsel in open session during a properly noticed public meeting.
He recommended each member of the council and staff to take part in a training session with counsel from the League of Arizona Cities and Towns, regarding the requirements of the Open Meeting Laws.
And he wanted the council to be subject to oversight by the Attorney General's Office for 12 months.
Copyright 2011 KPHO. All rights reserved.
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http://www.parkerpioneer.net/articles/2011/12/14/news/doc4ee8c9e8a37f7495316453.txt
AG letter says Quartzsite violated Open Meeting Law
The Arizona Attorney General’s Office has completed its investigation as to whether the Quartzsite Town Council violated the state’s Open Meeting Laws. In a letter to Town Attorney Martin Brannan dated Dec. 9, Assistant Attorney General Christopher Munns stated his office found alleged violations relating the council’s June 28 regular meeting and the July 10 emergency meeting.
In a press release, the AG’s office stated these alleged violations include improperly removing a member of the public from the June 28 council meeting, locking the doors and keeping the public out of the July 10 meeting, and failure to meet posting requirements.
The letter stated the AG’s office had not been able to substantiate allegations council members, including a quorum, had been discussing town business at a local restaurant or in the town manager’s office prior to council meetings. They were concerned, however, by reports that meetings between members were taking place.
The provisions of Arizona’s Open Meeting Law are found in ARS 38-431.
The alleged violation at the June 28 meeting involved the council’s vote to remove Jennifer Jones from the meeting as she was speaking in Call to the Public. The letter stated elected bodies can create rules of decorum, and they can remove persons who are being disruptive. However, case law says the individuals must first be warned they are violating the rules.
Jones allegedly violated the rules by speaking directly to a council member, removing the microphone from its stand on the podium, and addressing the audience rather than the council.
Following a motion from Councilman Joe Winslow, the council voted to have Jones removed, over the objections of Mayor Ed Foster. The letter noted that Jones was not warned she was violating the rules, nor was she given the opportunity to correct her behavior.
“Although her behavior may have offended or irritated members of the council, the council should not have removed Ms. Jones without first giving her a warning and an opportunity to cease her disruptive behavior,” the letter stated.
The primary alleged violation at the July 10 emergency session was the public was excluded from the meeting. The meeting was called and an emergency declared because of perceived threats to council members. This came after a video of the June incident went “viral” on the Internet, and many comments critical of the Quartzsite town government were posted on websites and blogs.
“The proper response to perceived threats against a public body is not to exclude the public from attending a meeting,” the letter stated. “Rather, the public body should heighten security through meeting at a more secure location, ensuring the presence of security guards or police officers, or using metal detector wands for those entering the meeting.”
By state law, the public can only be excluded from properly called executive sessions. These can only be called to discuss personnel matters or for public bodies to receive legal advice from their attorneys. No formal actions can be made is such sessions.
Other alleged violations from the July 10 meeting include failure to comply with posting requirements for an emergency meeting, and failure to comply with posting requirements for notices and meetings.
The letter stated the AG’s office could not substantiate claims council members were discussing town business at a local restaurant, or that they were meeting in the town manager’s office prior to council meetings. They said they found no corroborating evidence to substantiate these claims.
The letter voiced concern meetings between council members were taking place. They noted it was possible these could lead to Open Meeting Law violations, as well as undermining public confidence in the elected body.
As for remedies, the letter recommended the council discuss the letter in an open meeting, that council members receive training from the League of Arizona Towns and Cities on the Open Meeting Law in an open meeting, and that the council be subject to oversight from the AG’s office for a period of one year.
The town will have until Dec. 30 to let Munns know if they agree to the recommendations in the letter.
This was one of several investigations by state offices that have been or are being conducted into matters involving Quartzsite.
In July, Attorney General Tom Horne took the unusual step of issuing a statement prior to the completion of an investigation. He state there was reason to believe the Quartzsite council violated the Open Meeting Law by excluding the public from the July 10 meeting.
The state Ombudsman-Citizen Aide’s Office told the Town they acted improperly on two public records requests. They said the town improperly denied a request from then-Mayor Ed Foster for payroll records. They found town did not promptly and properly fulfill a request from Jones for copies of the resumes and job applications from several top officials, including Town Manager Alex Taft, Police Chief Jeff Gilbert and Assistant Town Manager Al Johnson.
An investigation by the Arizona Department of Public Safety into whether Gilbert improperly used federal crime databases is ongoing.
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