SCANDAL IN ARIZONA

FOR IMMEDIATE RELEASE

An unknown number of persons, many of whom are suing the Town of Quartzsite, have in their possession a totally un-redacted complete copy of "Special Investigations" report, DPS2011027462, which details the Arizona Department of Public Safety investigation into the complaints made against Quartzsite Police Chief Jeff Gilbert by 10 out of 14 members of his own department back in the spring of 2011.

This report is "the smoking gun" which contains, among other evidence, audits of the AZCJIS/NCIC data base showing that the QPD conducted hundreds of criminal background checks on a small group of citizens perceived to be politically opposed to Town officials and targeted them for "color of law" abuse. Misuse of the National Crime Information Center data base is a crime.

Arizona Attorney General Tom Horne was given a copy of the report in February of 2012 and he refused to prosecute what is evidently hundreds of criminal counts against the Quartzsite Police Department. The AZ Police Officers Standards and Training Board has refused to take any action to revoke Police Chief Gilbert's certification. All members of the Quartzsite Town Council were given a complete copy of this un-redacted DPS report in August of 2012 and instead of voting to terminate Police Chief Jeff Gilbert, they brought him back from administrative leave and took actions that resulted in the termination of members of the Town administration who had placed him there and attempted to terminate Gilbert's employment.

My husband and I have filed a civil claim in U.S. District Court, as documented victims of this illegal pattern and practice, CV-13-01770-PHX-DGC

The Arizona Municipal Risk Retention Pool (AMRRP) was the Town's insurer during the period the documented abuse of the NCIC data base took place and will ultimately be responsible for paying out damage claims to those in litigation with the Town over the actions of Town officials during their coverage. Nearly every municipality in Arizona pays into AMRRP and will share in a percentage of the loss, when claims are eventually paid out. AMRRP terminated their coverage for the Town of Quartzsite on January 6th, 2013, after a record number of civil claims and shortly after Town Manager Laura Bruno's release of an allegedly confidential document to members of the Town Council.
 
See: http://www.fbi.gov/about-us/cjis/ncic

Editorial - It's YOUR money.

    Council members Mike Jewitt and co-conspirators Mark Orgeron, and Norma Crooks showed their true colors when they signed their names to a maliciously written document that contained factually incorrect statements about me, in order to hold a special meeting and remove me from the Planning and Zoning Commission. The townspeople really got a glimpse of what self serving, petulant children they really are, when they would not even let me speak in my own defense. After all, these are the same members of council who allowed Police Chief Gilbert as much time as he needed to address the allegations levied against him at the meeting only two days earlier.
    At the April 25th “special meeting”, Jewitt implied that I had been placed on the commission only to mitigate the damage from valid legal claims I have against town officials, and the special meeting was convened in retaliation because the bribe didn’t work.  Jewitt said, "I did so in the hope that involving her in the governance of the town, it would possibly help her to understand how the Town is run. It seems I was wrong." To Vice Mayor Jewitt, the guy who didn’t get enough votes to win the 2012 spring primary election but illegally usurped the office anyway, I say - I understand how Quartzsite is run Mike. I understand perfectly.
    Now I can’t legally tell you what I said about my claims to the council and staff when I was interviewed for the seat on Planning and Zoning because it was an “executive session”, but the damages inflicted on me by Quartzsite officials prior to my appointment and my demands to be “made whole” were all well known to the council members long before they chose to put me on the board, because they had received written notification of each one. They also knew I had personally pulled recall papers on four council members, before those very same council members voted to put me on P & Z. If they pretend to be surprised about being named as defendants, they’re trying to mislead you.
    If the council thinks that removing me from the Planning & Zoning Commission is punitive, they’re wrong. I volunteered only to help prevent them from doing to someone else what they have done to me. I have nothing to gain by serving on a non-paying volunteer advisory board. Clearly, they had no intention of listening objectively to my advice anyway. I did it out of civic duty, to be a public servant and see that things were done properly for the benefit of my community. The council was within their rights to remove me, I knew that when I volunteered. Who is being punished by removing me? The town. And when I say “town”, I’m referring to the people who live here, not the lukewarm bodies who occupy town offices or certain council seats. 
    The town has had the legally required opportunity to settle my claims, but they have not made any attempt. They choose instead to let things proceed to trial.
    Now, they have discovered that the “risk pool” is not going to cover them for the most recent claim related to false charges being levied against me last fall.  

This is likely because Bruno was notified in writing, back on September 27th "Under its coverage contract with AMRRP, the Town is required to cooperate with AMRRP in investigation or settlement of claims and defense, inclusive of all elected and appointed officials. AMRRP has the right to discontinue coverage of any claims in which Quartzsite's failure to cooperate prejudices our defense. There are numerous additional possible ramifications, not limited to the Town's relationship with AMRRP, if any of these concerns are validated." Bruno provided the council members with a copy of that letter. She failed to notify AMRRP (nonfeasance), but acknowledged she had been told I would sue over the false charges the very same day I was served with the court papers (which didn't even have a case number on them). She then notified the council of my intention to sue in an official memo dated October 25th, 2012. They breached their fiduciary duty to the people of Quartzsite.
    Quartzsite is an incorporated Town. Town attorneys were given extensive case law by Mayor Foster which holds that a corporate attorney works for you, the stockholders, not the employees of the corporation or the board of directors. Additionally, State Bar ethics cannons state virtually the same thing.That means that Councilmembers Jewitt, Crooks, Orgeron and Kelley, along with former Councilwoman Patricia Anderson, Community Development Director Steve Henrich, Town Prosecutor David Ward and Town Manager Laura Bruno, cannot and should not attempt to use the town’s attorneys or other resources to defend themselves against my claim, and should not use your general fund money to pursue what is clearly a personal vendetta against me. They need to hire their own legal council. If they run around town wailing about how I’m trying to destroy the town, tell them to be grown ups and accept responsibility for their actions. They each need to pull out their personal check book and pay me what they owe me for the malicious prosecution and harassment I suffered under their administration.
    It’s your money. They shouldn’t spend it to litigate a claim that any reasonable person would know was coming, when they took no action to correct the issue. If they’re not spending your money to filter your water, or fix your crosswalk signs, or build you a proper animal shelter, etc. then you need to send them a clear message and sign the recall petitions. Vote them out before they destroy our town. 

No mayor for Quartzsite?

FOR IMMEDIATE RELEASE:

This morning, something happened in the La Paz County Superior Court that few expected. Mayor Elect Jose' Lizarraga was determined to be "unqualified" if he failed to obtain and file a bond prior to taking office, as required by Quartzsite Town Code.This was only one of several allegations made against him by third place mayoral candidate Jennifer Jones, who contested Lizarraga's eligibility for office.

Lizarraga had not filed the required response to the contest of the August 30th mayoral election, and did not show up to court today. Contestant Jones motioned for a default judgment, but Judge Michael Burke stated the law allowed for the hearing to proceed "ex parte".

No one was present to legally represent the interests of the town, after Judge Burke had granted them intervention for relief, in the event that Lizarraga was found ineligible under the law. However, Jones argued that:

     "The arguments listed in the town’s motion to intervene were based on false premise. First, election contests were not known at common law and therefore they are purely statutory and are special proceedings, not actions at law or suits in equity.  Harless v. Lockwood, 85 Ariz. 97, 32 P.2d 887 (1958);  Brown v. Superior Court in and for Santa Cruz County, 81 Ariz. 236, 303 P.2d 990 (1956).

     This means the procedure is strictly in accordance with ARS §16-671 through 16-678.  Nowhere in these statutes is there a right of intervention and the parties are limited to contestor and contestee under ARS §16-673, 16-674.B, and 16-675.  The Town of Quartzsite is not a party under these statutes." 

Jones also asserted that Town Attorney Martin Brannan had erred in his claim that the town council has an “absolute right” bestowed upon it to appoint a mayor, to fill a vacant position, and that the mayor's seat must be filled by election, under state law and town code. Judge Burke grudgingly concurred. 

The town of Quartzsite will apparently not have a mayor, until the next election, in the spring of 2012. Because Arizona law states: "In case of the absence of the mayor the council may appoint one of their number to act in his stead.", Vice mayor Barbara Cowell is expected to chair the meetings, approve the minutes, and perform other mayor duties, but cannot assume the title or stipend of the position. 

A written ruling in the case is expected within five days.

Town granted intervention in Jones v Lizarraga election dispute

FOR IMMEDIATE RELEASE:

Tomorrow morning at 10:00 am, there will be a one hour hearing at the La Paz County Superior Court regarding Jennifer Jone's contest of the mayoral recall election in Quartzsite, AZ - Case No. CV201100117. Mayor-elect Jose' Lizarraga did not file a timely response, but the Town of Quartzsite filed a request to intervene, and Judge Burke granted the request, prepared by Town Attorney Martin Brannan. Jone's contest of the election maintains that Jose' Lizarraga is ineligible under town ordinance 2-1-10, and since incumbent Mayor Ed Foster had the second highest number of votes he is not recalled.

The La Paz County Superior Court is located at:

1316 Kofa Ave, Suite 607
Parker, AZ 85344

Phone: 928-669-6131
Fax: 928-669-2186

Monday – Friday 8am – 5pm