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Showing posts with label martial law. Show all posts
Showing posts with label martial law. Show all posts

Wednesday, July 20, 2011

ANARCHY IN QUARTZSITE?

About 5 pm PST, The Desert Freedom Press learned that under the current "emergency", Police Chief Jeff Gilbert has suspended ALL officers who filed criminal and ethical complaints against him. This leaves only the four officers who chose to stand with the Chief, despite the controversy and ongoing investigation by DPS. La Paz County Sheriff Don Lowery told the Parker Pioneer Newspaper last week, that he had provided back up units to patrol the perimeter of Town Hall during the June 12th council meeting. Quartzsite Police Chief Jeff Gilbert and Sheriff Lowery served together as officers on the Colorado Indian Tribes Reservation.

http://www.wnd.com/index.php?fa=PAGE.view&pageId=324161

http://www.kpho.com/story/15122209/infighting-escalates-in-quartzsite-police-department

http://www.fox11az.com/news/local/125971188.html

http://www.outpost-of-freedom.com/blog/?p=557




Saturday, July 16, 2011

New York Times coverage

http://www.nytimes.com/2011/07/16/us/16quartzsite.html?_r=1

Quartzsite Journal

Kicking Up the Dust in an Arizona Desert Town


Joshua Lott for The New York Times
Mayor Ed Foster of Quartzsite, Ariz., is at odds with most of the other officials in town. He calls the police chief “a corrupt thug.”


QUARTZSITE, Ariz. — Like many folks in this blink-and-miss-it town on the western edge of the state, Ed Foster moved here to escape the hustle and bustle. He is delighted that the main drag is just a couple of miles long, bookended by gas stations. It doesn’t take much more than a working sewer and water hookup to make him happy.
Joshua Lott for The New York Times
Chief Jeff Gilbert and Town Manager Alex Taft who says Mr. Foster is “just being Jerry Springer, but without the humor.”
A couple of years ago, Mr. Foster, 69, a retired engineer for the Wrigley chewing gum company, began wondering what was happening to his tax money. So he ran for mayor, shaving off his long, scraggly beard when one supporter suggested it might not help his image as a politician.
But the clean-shaven Mayor Foster loves to raise a ruckus. For months, he has accused town officials of hiding money and called the police chief a “corrupt thug.” He has tried to persuade the attorney general’s office to step in, and is pressing for a criminal investigation of the chief.
In the past month, two of Mr. Foster’s allies have been arrested during Town Council meetings and led out in handcuffs. Saying that they fear for public safety, the Council members have declared an emergency, stopped public comment at their official meetings for the next month and brought in a police officer to keep guard at the Town Hall.
Mr. Foster calls this martial law.
“They are just insane. They think they can do whatever they want, take control and not have to do what people want,” the mayor said during an interview at the local Subway, tucked inside a truck stop at the edge of town. “They won’t talk to me, won’t look at me, nothing.”
Mr. Foster and his supporters have taken to the Internet to gather support, posting videos of the Council meeting and several clips showing officers escorting one woman from a meeting last month.
Suddenly this town, once known as a haven for RVs, gemstones and sprawling swap meets, is becoming a symbol for those who say government is filled with power-hungry bureaucrats, bent on spending too much public money.
But Mr. Foster’s detractors — the six other members of the Town Council, the town manager and the police chief — say that it is Mr. Foster, more interested in destroying the town than in focusing on the often mundane tasks of governing it, who has stepped over the line. He has filed several complaints and lawsuits against the town, which has a population of 3,600 in the summer. And he has been censured twice by his Council colleagues and arrested by the chief on disorderly conduct charges. He faces his own recall next month.
“He’s got these ideas that have nothing to do with the truth,” said Alex Taft, the town manager. “He says we are lying, stealing, harassing, anything you can think of. He’s just being Jerry Springer, but without the humor.”
Ms. Taft said that the mayor had enthusiastically “stirred up discontent” every chance he had gotten. But it was not until the meeting in June that she began to get really nervous.
More than two-thirds of the town’s 14 police officers showed up to complain about the chief, and Council members said they could not hear their statements because of a continuing investigation of a complaint filed with the state. One of the mayor’s supporters was arrested and several others in the crowd began shouting. “That was about as close to a riot as we will hopefully ever get,” Ms. Taft said.
Two weeks later, the Council was scheduled to discuss the municipal tax code.
Jennifer Jones, a local activist, supporter of the mayor and owner of a kennel she runs out of a trailer, rose to speak against a fee increase for merchants who rent space here in the winter, when the population can swell to the hundreds of thousands. Soon after she began her allotted four minutes, Ms. Jones turned her back to the Council and began speaking to the crowd. The Council voted to have her removed, and within moments officers were holding her by the wrists, escorting her out the back door.
Ms. Jones, who also publishes a newspaper and blog about the town, said her elbow began to burn after a few minutes. After she complained to another officer, Ms. Jones was released and took an ambulance to the nearest hospital, 35 miles away, where she said doctors told her she had probably sprained her elbow.
“We’re an example of everything that is wrong with small-town government,” Ms. Jones said, wearing a button reading “Clean up Quartzsite” and featuring a large broom and the Web address for the state’s Tea Party chapter. “People come here to live cheaply; they know how to live within their means and they want their government to do so, too.”
A vast majority of homes here are mobile homes, and the residents are not the sort to embrace bureaucracy. With open desert as far as the eye can see, it is about as close as they can get to the Wild West these days.
After the video of Ms. Jones’s arrest spread on the Internet, the Town Hall and Police Department began to receive threatening phone calls and e-mails. Ms. Taft had any pictures of the Council and staff members removed from the town’s Web site, which had been overloaded with traffic. On one site, people spoke of the state’s laws allowing guns to be carried without a permit.
“We know everyone in town; I don’t think they have the guts in them to do anything like that,” said Jerry Lukkason , a councilman who owns an RV park, Laundromat and diner in town. “But this is going all over the place now, and with other people, you never really know.”

Sunday, July 10, 2011

Council Declares STATE OF EMERGENCY?


About noon today, the town council, at the request of the police chief, declared an official state of emergency. Sgt Xavier Frausto was dressed in tactical gear when he and the police chief demanded the mayor get in their car. Mayor Foster declined, and drove himself to town hall. Frausto unlocked the door for the mayor. Foster and others saw town officials convened for official business, with the town clerk and town attorney also present. "This is an illegal meeting!" said Mayor Foster. Sgt Frausto locked the door on him.  When asked later for a comment about what transpired, Concilman Bob Kelley said he couldn't talk about it, Barbara Cowell said she didn't understand who called the meeting, or what thay had done, and Jerry Lukkasson denied it. According to another news report "Taft told the Pioneer the meeting came about after discussions between Town Attorney Martin Brannan, Gilbert and herself regarding threatening e-mails sent to council members and town officials. She said they received advice from attorneys for the League of Arizona Towns and Cities that they should declare an emergency and call a special council meeting."





What a tangled web we weave...


http://www.ci.quartzsite.az.us/Town%20Code/chapt%203.htm
See: Section 3-2-1 "Town Manager", E "Powers and Duties"
"In case of accident, disaster or other circumstances creating a public emergency, the manager may award contracts, and make purchases for the purpose of meeting said emergency"

http://www.washingtonpost.com/national/state-of-emergency-declared-in-western-arizona-town-amid-corruption-allegations-by-mayor/2011/07/11/gIQAZe2T9H_story.html

http://www2.az-independent.com/2011/07/10/state-of-emergency-in-quartzsite/

http://www.wnd.com/index.php?fa=PAGE.view&pageId=320829

http://deadlinelive.info/2011/07/11/mayor-claims-quartzsite-arizona-under-martial-law-after-state-of-emergency-declared-during-secret-meeting/

http://news.yahoo.com/video/phoenixktvk3tv-15751070/state-of-emergency-declared-in-quartzsite-ariz-25916676.html#crsl=%252Fvideo%252Fphoenixktvk3tv-15751070%252Fstate-of-emergency-declared-in-quartzsite-ariz-25916676.html

http://www.google.com/hostednews/ap/article/ALeqM5hhUNRAsfa4FKlNnMnoCDpemPjYZA?docId=037c14c2c0fd4aab8d84a27c45b2d803

http://www.myfoxphoenix.com/dpp/news/offbeat/out-of-control-az-meeting-goes-viral-07102011

http://www.youtube.com/watch?v=FDG86YQLiNY&NR=1

http://www.youtube.com/watch?v=brPbB5YN018&feature=related

http://www.outpost-of-freedom.com/blog/?p=538

http://www.freedomsphoenix.com/News/093272-2011-07-12-state-of-emergency-declared-in-quartzsite-ariz.htm?From=News

What's the difference between declaring an emergency and martial law? See:
http://www.usconstitution.net/consttop_mlaw.html

http://legal-dictionary.thefreedictionary.com/_/dict.aspx?word=martial+law



While the council can hold an emergency meeting, it MUST be open to the public.
38-431.02. Notice of meetings
A. Public notice of all meetings of public bodies shall be given as follows:
1. The public bodies of this state, including governing bodies of charter schools, shall:
(a) Conspicuously post a statement on their website stating where all public notices of their meetings will be posted, including the physical and electronic locations, and shall give additional public notice as is reasonable and practicable as to all meetings.
(b) Post all public meeting notices on their website and give additional public notice as is reasonable and practicable as to all meetings. A technological problem or failure that either prevents the posting of public notices on a website or that temporarily or permanently prevents the use of all or part of the website does not preclude the holding of the meeting for which the notice was posted if the public body complies with all other public notice requirements required by this section.
2. The public bodies of the counties and school districts shall:
(a) Conspicuously post a statement on their website stating where all public notices of their meetings will be posted, including the physical and electronic locations, and shall give additional public notice as is reasonable and practicable as to all meetings.
(b) Post all public meeting notices on their website and give additional public notice as is reasonable and practicable as to all meetings. A technological problem or failure that either prevents the posting of public notices on a website or that temporarily or permanently prevents the use of all or part of the website does not preclude the holding of the meeting for which the notice was posted if the public body complies with all other public notice requirements required by this section.
3. Special districts that are formed pursuant to title 48:
(a) May conspicuously post a statement on their website stating where all public notices of their meetings will be posted, including the physical and electronic locations, and shall give additional public notice as is reasonable and practicable as to all meetings.
(b) May post all public meeting notices on their website and shall give additional public notice as is reasonable and practicable as to all meetings. A technological problem or failure that either prevents the posting of public notices on a website or that temporarily or permanently prevents the use of all or part of the website does not preclude the holding of the meeting for which the notice was posted if the public body complies with all other public notice requirements required by this section.
(c) If a statement or notice is not posted pursuant to subdivision (a) or (b) of this paragraph, shall file a statement with the clerk of the board of supervisors stating where all public notices of their meetings will be posted and shall give additional public notice as is reasonable and practicable as to all meetings.
4. The public bodies of the cities and towns shall:
(a) Conspicuously post a statement on their website or on a website of an association of cities and towns stating where all public notices of their meetings will be posted, including the physical and electronic locations, and shall give additional public notice as is reasonable and practicable as to all meetings.
(b) Post all public meeting notices on their website or on a website of an association of cities and towns and give additional public notice as is reasonable and practicable as to all meetings. A technological problem or failure that either prevents the posting of public notices on a website or that temporarily or permanently prevents the use of all or part of the website does not preclude the holding of the meeting for which the notice was posted if the public body complies with all other public notice requirements required by this section.
B. If an executive session is scheduled, a notice of the executive session shall state the provision of law authorizing the executive session, and the notice shall be provided to the:
1. Members of the public body.
2. General public.
C. Except as provided in subsections D and E of this section, meetings shall not be held without at least twenty-four hours' notice to the members of the public body and to the general public. The twenty-four hour period includes Saturdays if the public has access to the physical posted location in addition to any website posting, but excludes Sundays and other holidays prescribed in section 1-301.
D. In case of an actual emergency, a meeting, including an executive session, may be held on such notice as is appropriate to the circumstances. If this subsection is utilized for conduct of an emergency session or the consideration of an emergency measure at a previously scheduled meeting the public body must post a public notice within twenty-four hours declaring that an emergency session has been held and setting forth the information required in subsections H and I of this section.
E. A meeting may be recessed and resumed with less than twenty-four hours' notice if public notice of the initial session of the meeting is given as required in subsection A of this section, and if, before recessing, notice is publicly given as to the time and place of the resumption of the meeting or the method by which notice shall be publicly given.
F. A public body that intends to meet for a specified calendar period, on a regular day, date or event during the calendar period, and at a regular place and time, may post public notice of the meetings at the beginning of the period. The notice shall specify the period for which notice is applicable.
G. Notice required under this section shall include an agenda of the matters to be discussed or decided at the meeting or information on how the public may obtain a copy of such an agenda. The agenda must be available to the public at least twenty-four hours before the meeting, except in the case of an actual emergency under subsection D of this section. The twenty-four hour period includes Saturdays if the public has access to the physical posted location in addition to any website posting, but excludes Sundays and other holidays prescribed in section 1-301.
H. Agendas required under this section shall list the specific matters to be discussed, considered or decided at the meeting. The public body may discuss, consider or make decisions only on matters listed on the agenda and other matters related thereto.
I. Notwithstanding the other provisions of this section, notice of executive sessions shall be required to include only a general description of the matters to be considered. The agenda shall provide more than just a recital of the statutory provisions authorizing the executive session, but need not contain information that would defeat the purpose of the executive session, compromise the legitimate privacy interests of a public officer, appointee or employee or compromise the attorney-client privilege.
J. Notwithstanding subsections H and I of this section, in the case of an actual emergency a matter may be discussed and considered and, at public meetings, decided, if the matter was not listed on the agenda and a statement setting forth the reasons necessitating the discussion, consideration or decision is placed in the minutes of the meeting and is publicly announced at the public meeting. In the case of an executive session, the reason for consideration of the emergency measure shall be announced publicly immediately before the executive session.
K. Notwithstanding subsection H of this section, the chief administrator, presiding officer or a member of a public body may present a brief summary of current events without listing in the agenda the specific matters to be summarized, if:
1. The summary is listed on the agenda.
2. The public body does not propose, discuss, deliberate or take legal action at that meeting on any matter in the summary unless the specific matter is properly noticed for legal action.