Quartzsite Town attorney files grievance over termination

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In a tell all and sometimes fanciful recounting of the last year and a half, Quartzsite Town Attorney Martin Brannan has filed a complaint with the Arizona Personnel Board. He is basically alleging a hostile work environment, that ironically, he helped to create, and mental anguish related to a preexisting 50% disability for "post traumatic stress disorder".

Brannan states that he was too mentally ill to attend his own hearing before the Quartzsite Town Council, and despite he and his wife being well compensated as town employees he could not afford treatment. According to Brannans claim, “Dr. Franklin ordered me to go to the emergency room for an immediate psych evaluation as I had exceeded his ability to be of assistance… Not being able to afford the $250 co-pay for the local emergency room …I sent an email to Bruno explaining that I was not well.”

 Brannan is demanding severance pay, and will likely pursue civil damages, however, A.R.S. Section A.R.S. § 12-2202 requires that “Persons who are of unsound mind at the time they are called to testify shall not be witnesses in a civil action.” Likewise, Rule 35(a) of Arizona Civil Procedure states, “When the mental or physical condition (including the blood group) of a party [...] is in controversy, the court in which the action is pending may order the party to submit to a physical or mental examination by a physician or psychologist or to produce for examination the person in the party’s custody or legal control. The order may be made only on motion for good cause shown and upon notice to the person to be examined and to all parties and shall specify the time, place, manner, conditions, and scope of the examination and the person or persons by whom it is to be made.” It is not known if there are similar requirments for the Arizona State Personnel Board, or if any “testimony” Brannon gives in this matter or any other is even admissable.

He is demanding the following relief from the AZ Personnel Board:

1) That the State Personnel Board enjoins the Town of Quartzsite from terminating me with cause.
2) That the State Personnel Board orders the Town of Quartzsite to change the termination to a without cause termination and pay the severance owed as a result thereof.
3) That the State Personnel Board orders Laura Bruno to pay a civil penalty of up to five thousand dollars to the Town of Quartzsite general fund to be paid by Laura Bruno, not the Town of Quartzsite.
4) That the State Personnel Board finds that Laura Bruno committed a prohibited personnel practice against Complainant, who disclosed information that Complainant reasonably believed evidenced a violation of any law.
5) That the State Personnel Board orders Laura Bruno to pay a civil penalty of up to ten thousand dollars.
6) That the State Personnel Board orders the Town of Quartzsite to dismiss Laura Bruno.
7) That the State Personnel Board bars Laura Bruno from any future employment by the Town of Quartzsite.

Brannan's contract was terminated on October 30th,  "with cause" for the following reasons:
1. Violation of the Rules of Professional Conduct for Attorneys in the State of Arizona, including a conflict of interest in violation of Ethical Rule 1.7(a). You gave advice to Council of the Town  Quartzsite regarding personnel matters then initiated legal action against advised Council members for failure to follow advice.
2. Material Misrepresentation to Town Council and Violation of Town Procurement Code. Stating to Council on March 27, 2012 that there would be no authorization to use town funds in connection with a voter fraud investigation; You later claimed that you had authority to hire Mr. Humphreys to perform an investigation without approval of the Council for the expenditure and incurred expenses in excess of $8,000 on behalf of the Town without authorization from Town Council, in violation of Town Code Section 3-401H.
3. Attempted and actual abandonment of your position; Seeking to abandon your position by repeatedly requesting notice of constructive discharge from acting Town Manager Frausto; Abandoning your position by packing your belongings and not returning to work.
4. Intimidation of Acting town Manager and coercion to acquire her signature on a document purporting to recuse herself in regards to personnel matters.
5. Acting in violation of your duties of loyalty.

Brannan states that he was hired because "the Town was looking for a “hard-ass” town attorney", and that he "was advised the town was factionalized, but this was something of an understatement". According to Brannan, the recently released DPS report "provided information from which a reasonably prudent person could conclude that Gilbert did misuse the NCIC and ACJIS and did tamper with a witness. The Town was asked, however, to hold on to the information while it was reviewed by the AMRRP attorneys defending the federal lawsuit involving the seven employees, so no action was taken immediately upon receipt of the report." He claims the charge of witness tampering is being reconsidered for prosecution by the Attorney General's Office and discusses the reason that Gilbert and Sgt. Fabiola Garcia were put on administrative leave this summer, "Gilbert and one of his sergeants, a female with whom he appears to be romantically, or at the very least, inappropriately involved, had conspired to submit a time card for the charge which stated that she had worked nine hours and taken one vacation hour on a day when the Town knew that the sergeant was only in Quartzsite available to work for no more than six hours." This charge was subsequently stated by the town to be unsubstantiated and Garcia returned to work with QPD.

Brannan also claims that Councilman Mark Orgeron orchestrated open meeting violations, and that Orgeron's choice for "Interim Town Manager", CASA pension schemer Laura Bruno intimidated town employees, and engaged in prohibited personnel practices.

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

Lizarraga usurps Foster as mayor of Quartzsite

Tuesday, September 6th, 2011 candidate and former Councilman Jose Lizarraga was sworn in as mayor, in a special meeting of the Quartzsite Town Council. The unusual action was not undisputed. Town Attorney/Town Prosecutor Martin Brannan's contention that it was a lawful maneuver was questioned in a written complaint, by The DESERT FREEDOM PRESS publisher and mayoral candidate Jennifer Jones. Mayor Ed Foster, who was recalled by the wife of Councilman Jerry Lukkasson, was expected to retain his position for another week, until the regular council meeting.