Quartzsite Town attorney files grievance over termination

Read the document here

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.

Mayor Ed Foster finally seated!

Over five months after the people of Quartzsite elected Edward Foster back into office, the Quartzsite Town Council caved in to a Writ of Mandamus issued by La Paz County Superior Court Judge Michael Burke and seated the Foster as Mayor. His oath of office was administered by Municipal Court Judge Lawrence C. King. Foster chaired the remainder of the meeting, which included voting Councilman Michael Jewitt in as Vice Mayor.
The appeals court is currently considering whether to remove Jewitt from office, in an election challenge brought by John Prutch. The case has been given expedited consideration and a ruling is expected any day now.

Letter confirms, Municipal Risk Pool dumps Quartzsite

Police Chief Jeff Gilbert was reinstated on September 25th. On the morning of September 27th, Interim Town Manager Laura Bruno received a phone call from Ann Gergen, President of  the Arizona Municipal Risk Retention Pool (AMRRP) notifying Bruno that the town's insurance coverage was indeed cancelled. Bruno's desperate pleas for reconsideration were clearly heard by Public Works Director Emmett Brinkerhoff, and a formal letter was sent to the town on October 5th (see below). Despite false claims from other media sources, The Desert Freedom Press was the only news source to correctly state that this was an unavoidable reality.

Given that Councilman Mark Orgeron's choice to replace Town Manager Alexandra Taft was Laura Bruno, it is unlikely that the Risk Pool will reinstate or that another firm would offer affordable coverage when the town chose not to hire a manager certified for the position who was properly vetted and approved by the insurer. What happens next is anyone's guess.




October 5, 2012

Laura Bruno
Interim Town Manager
Town of Quartzsite
P.O. Box 2812
Quartzsite, AZ 85346

Dear Ms. Bruno,

I am writing to inform you the Arizona Municipal Risk Retention Pool (AMRRP) has made the difficult decision to terminate the Town of Quartzsite's coverage under its Property and Liability Coverage Agreements because the Town is failing to satisfy underwriting requirements. This letter is the Town's notice of coverage termination effective midnight on January 6, 2013. The Town's workers' compensation coverage with AMRRP will continue under the existing Workers' Compensation Coverage Agreement.

The Town of Quartzsite's Membership Agreement includes the following provision:

5. Termination of Agreement.

5.1 With Cause. The Board may at any time during the term of this
Agreement or any extensions thereof suspend or terminate coverage for
(i) nonpayment of the Coverage Fees or any other breach by the Member of the terms of this Agreement; or (ii) the failure to satisfy underwriting requirements established by the Pool. In such case, coverage shall be suspended or terminated and membership shall be terminated pursuant to Section 8 of this Agreement.

AMRRP is invoking its right to terminate Quartzsite's Property and Liability Coverage pursuant to this provision. AMRRP has made every effort to avoid the need for this action. The Town received letters dated September 7, September 25 and September 27, all of which communicated the seriousness of underwriting concerns in Quartzsite. In those letters, AMRRP cited the following specific concerns which to date have not been effectively addressed:

• Failure to provide adequate Town management to ensure that typical governmental and administrative controls are properly in place for the prote.ction of the public and the Town's employees.
• Failure to maintain and effectively manage a loss control program.
• Full utilization of AMRRP's Personnel Assistant Lifeline (PAL) for employment decisions.
• Leadership and management action to reduce risk and improve the risk profile of the Town.
• Solicitation and following of advice from the League regarding appropriate Town management and decision making processes.

Ongoing factional disputes within the Quartzsite Town Council and resulting employment decisions have created numerous claims and the potential for additional losses. AMRRP has received more than thirty claims against Quartzsite since early 2010, many related to the factional decision-making practices of the Town Council and ensuing employment disputes. In its history, AMRRP has never received so many claims against a municipality in so short a time and of such a nature as in Quartzsite.

Quartzsite's actions and operating environment have created a very serious financial drain on resources contributed to AMRRP by other Arizona cities and towns, and will continue to do so if the Pool does not take immediate action. Quartzsite's continued failure to rectify these circumstances and take effective corrective measures means the Town is not able to meet AMRRP's underwriting requirements for coverage.

Section 5.1 of the Membership Agreement affords Quartzsite with certain rights that are set forth in
Section 8 of the Agreement. Section 8 states:

Suspension. In the event the Member (i) fails to pay its Coverage Fees as specified herein; (ii) fails to comply with any of the other terms of this Agreement; or (iii) fails to satisfy underwriting requirements established by the Pool, the Board may, if such failure is not cured after ten (10) days' written notice, terminate the Member's coverage under the applicable Coverage Agreement. The date of such termination shall be referred to as the "Coverage Termination Date" Notwithstanding such termination of
coverage, the Member shall retain its rights to the return of any surplus or
other distributions from or assets of the Pool for a ninety (90) day period (the "Ninety Day Reinstatement Period") following such notice by the Pool. To retain this right, the Member must notify the Pool in writing during the Ninety
• Day Reinstatement Period of the Member's election (the "Reinstatement
Election") to reinstate coverage by delivering to the Pool a payment in an amount equal to any outstanding Coverage Fees and otherwise curing the failure giving rise to the termination of coverage. Upon the Pool's receipt of such payment and evidence documenting that the Member has cured the failure giving rise to the termination of coverage, together with such underwriting data and other information as the Pool may reasonably request, and provided that the Administrator determines (in the exercise of the • Administrator's sole and absolute discretion) that the reinstatement of coverage is appropriate based on sound business judgment, loss control and underwriting criteria, and loss experience during the Ninety Day Reinstatement Period (or applicable portion thereof), coverage under the applicable Coverage Agreement will be reinstated, effective as of the Coverage Termination Date. If the Member fails to provide the Pool the Reinstatement Election (together with such documentation, data and other information as required pursuant to this Section 8) during the Ninety Day Reinstatement Period, or if the Member provides the Reinstatement Election (together with such documentation, data and other information as required pursuant to this Section 8) during the Ninety Day Reinstatement Period and the Member's coverage reinstatement is denied pursuant to this Section 8, upon the expiration of the Ninety Day Reinstatement Period, the Member shall cease to be a member of the Pool and shall lose all rights as a member of the Pool including (without limitation) the right to return of any surplus or other distributions from or assets of the Pool and coverage under any Coverage Agreement. In the event of such termination, the Member shall be relieved of any liability for ordinary Coverage Fees under Section 7 for fiscal years after the year of the Member's termination. The Member's liability for additional assessments shall continue to the extent provided in Section 9 below.

Pursuant to Sections 5 and 8 of the Membership Agreement, AMRRP hereby gives notice of its intent to terminate Quartzsite's Property and Liability coverage effective on midnight, January 6, 2013. Quartzsite has the right to correct its current failure to meet underwriting guidelines within the next ninety days, which will serve as Quartzsite's "Ninety Day Reinstatement Period." Quartzsite may seek reinstatement of its coverage within this period by presenting AMRRP with evidence demonstrating that it has cured all of its failures giving rise to this termination of coverage. If after Quartzsite has provided evidence of correction AMRRP determines, in the exercise its sole and absolute discretion, reinstatement of coverage is appropriate based on sound business judgment, loss control and underwriting criteria, and loss experience during the Ninety Day Reinstatement Period, coverage under the Coverage Agreement will be reinstated.

Please let me know if you have any questions regarding this termination notice.

Sincerely,

Ann Gergen
President for-AMRRP

Councilwoman Pat Workman 's 2nd Ad Hoc

    A notice of possible quorum of the Quartzsite Town Council was not posted for Tuesday's "Ad Hoc" ethics meeting, yet all members of the Town Council were present while action that is to come before the council on October 9th was discussed. Councilpersons Carol Kelly and Mark Orgeron listened from the audience, as did the subject of the meeting, Councilwoman Pat Workman. This is the second such attack on Workman by her fellow members of council since she took office in June of this year.
    In a meeting where it was expected that members of the Ad Hoc would "review complaint and recommend action" against Workman, there was no actual discussion. Councilman Mike Jewitt read a report by an unlicensed "private investigator", and a prepared speech was given by Councilwoman Norma Crooks. It was not clear who had written their statements or how the participating members had come to a consensus over recommending that Workman be censured for an alleged breach of a "confidential" document.
    There was no evidence presented against Workman, no reference to any written legal opinion that the document in question was actually confidential, and no mention of any video or audio recording from Interim Town Manager Laura Bruno's office to substantiate the hearsay levied against Workman.
    Citizens left the meeting wondering how yet another private investigator was hired without official council approval and at what cost, in a matter in which the town manager herself was the custodian of the document.

Quartzsite Town Council puts Police Chief Jeff Gilbert back in!

   Despite being under a current investigation by the Arizona Department of Public Safety for drawing a weapon on resident John Jones, all members of the town council except Patricia Workman voted to reinstate scandal plagued Police Chief Jeff Gilbert to his position as acting Police Chief. The move came after an extensive executive session with attorneys for the Town in the Ed Foster special action, and a new conflict attorney hired by the interim town manager.

 They also voted (Workman opposed), that Councilwoman Patricia Anderson would be the meeting chair, and Councilman Mike Jewitt would be the vice chair, thus eliminating the possibility that Mayore Ed Foster will run the meeting when he is seated.

Prior to reconvening the meeting, the Town was served wth federal lawsuits by residents Michael Roth, and Jennifer Jones, as well as a new Notice Of Claim for running Jones name through the ACJIS background check without probable cause or related to an investigation. Jones husband John also served the town with a Notice of Claim for the same practice.

It is expected that more lawsuits will follow.

Voter Fraud Investigation results

At 9 am this morning, the Town of Quartzsite posted this to their website
http://www.ci.quartzsite.az.us/Support%20Docs/Voter%20Fraud%20Exe%20Sum%201.html
and at 9:01
http://www.ci.quartzsite.az.us/Support%20Docs/Voter%20Fraud%20Exe%20Sum%202.html

 Over 70,000 was spend on this unauthorized investigation, which revealed that there was no prosecutable voter fraud.

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.