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.

Volume 2 Edition 17

 

 

 

 

 

 

 

 

 

 

 

 

 

Burke orders Foster seated as Mayor

“We told them months ago that their action was illegal. This has cost the Town of Quartzsite a lot of money, if you look at Mark’s [Orgeron] fees, and the voter fraud investigation, and my legal fees. We need to now go about putting Quartzsite back on track.” Ed Foster told Parkerlive Online.

After vigorous argument from both attorney's, Judge Burke agreed with Foster's attorney Julie La Benz and ruled that the controversial ordinance was in fact illegal, and they council had exceeded their authority in disqualifying Foster. He added that even if Ordinance 2-1-10 were legal, he did not see that Foster could be legitimately disqualified because of it.

Ironically, at last night's "Meet the Candidates", sponsored by the Parker Area Chamber of Commerce, candidate for County Attorney Dan Field (who had drafted 2-1-10 to exclude former Mayor Steve Bennet from holding office when Field was Quartzsite Town Attorney) defended the legality of the ordinance stating "it was even precleared by the Justice Department". Glen Buckalew, one of Field's opponents in the November 6th election countered that the ordinance violated Arizona Law and the Arizona Constitution.

Foster was ordered to be seated by October 23rd. He was elected 5 months earlier and should have been sworn in on May 22nd, but the sitting council (including officials who had been voted out) voted to disqualify Foster.  The Town Council voted 4-2 last week to reject a settlement deal agreed to by both attorneys in the case and the taxpayers will now be on the hook for the additional legal fees.

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

Council votes to not seat Foster as Mayor

http://www.parkerliveonline.com/2012/10/09/quartzsite-council-votes-against-seating-foster/

Against their attorney’s advice, the Quartzsite Council voted against seating Mayor Ed Foster this morning during a contentious council meeting where a settlement in the case was up for a vote.
After convening behind closed doors with their attorney, the council members returned in front of the gathered audience and council member Mike Jewitt read the motion, which admitted that the town ordinance used to prevent Foster from taking his seat as elected mayor was potentially illegal:

“The ordinance that led us here today was questionable at best and there was real concern about its legality. As the Council was presented with more reliable information, we came to realize we need to end this before the costs become untenable. It is our desire as a town council to start to heal our community rather than to continue to pursue unproductive tactics, attacks, lawsuits and disruption. There has been enough fighting in our community, we have spent enough on lawyers; enough is enough. In order to bring an end to all this litigation, we have worked to reach an amicable settlement. Under the terms of this settlement, the Town will reimburse Mr. Foster $8,450 for the cost …[inaudible]… as required by law, and reimburse Mr. Foster $1,600 for his back wages as mayor from June through September. And the Town will recapture $2,555.10 for the balance of Mr. Foster’s adjudicated legal fees plus accrued interest he owes the Town. With this settlement we can move forward and focus our efforts on working in the best interests of the citizens of our community. I therefore move we accept this settlement agreement and mutual release between the Town of Quartzsite and Mr. Foster.”

Council member Crooks then made note of a legal opinion from the Goldwater Institute saying the council had no right to disqualify Foster on the basis of the ordinance. This opinion is joined by others, including recently appointed judge of the La Paz County Superior Court and current County Attorney Sam Vederman, who filed motions saying there was no question as to Foster’s legitimacy as mayor.
The council heard from many in the audience who urged the council not to seat Foster, some saying that he is a divisive figure in town politics, others saying that the judge should decide. They were opposed by a succession of audience members who rose to say that the people had elected Foster as mayor and the council should not stand in his way.
Recently elected council members Mark Orgeron and Pat Workman then cast the only votes in favor of the settlement, while Crooks, Kelley and Anderson – who were among those who voted to disqualify Foster after the election – voted against it, along with Jewitt.
The decision will now rest in the hands of Judge Michael Burke at La Paz County Superior Court. Oral arguments will be heard Wednesday, October 17th.
Earlier in the same council meeting, council member Workman was formally censured for allegedly allowing a confidential document to fall into the hands of Desert Freedom Press publisher Jennifer Jones, and Town Manager Laura Bruno announced that the municipal risk pool had issued a 90-day notice of termination of the town’s insurance policy.

Volume 2 Edition 16

Still working on getting it online. A new computer is on the way!

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.

DPS report exposes Police Chief Jeff Gilbert

DR 2011-027462 The report on this investigation was completed on December 7th, 2011. The information you are about to read was never submitted to a grand jury by Attorney General Tom Horne. Attorney General Tom Horne determined that his office would not prosecute the multiple abuses of the ACJIS system and other actions outline below. Abusing the ACJIS is a felony, and other officers in Arizona have been fired and decertified by AZPOST for as little as one documented abuse. AZPOST, The La Paz County Sheriff, the Quartzsite Town Council, and Town Manager protected Police Chief Jeff Gilbert while his office engaged in the conduct outlined below. In the first week of May 2011, there were allegations that Quartzsite Police Department (QPD) Chief Jeffery Gilbert misused the Arizona Criminal Justice Information System (ACJIS) between 2008 and 2011. Also there was an allegation that the Town Manager’s, Alex Taft, signature was “whited-out” on a leave request form and was presented back to the officer’s supervisor as Alex Taft did not approve the leave. On May 20, 2011, QPD Officer Ruben Villafana, #Q37, had a meeting with Gilbert. Villafana felt Gilbert threatened him with his job if he did not with draw his statements against Gilbert. Around June 2, 2011, QPD Officer Herlen Yeomans, #Q38, had an administrative interview regarding the issues alleged in the officers’s complaints. Yeomans stated prior to his interview he felt QPD Sergeant Xavier Frausto, #Q15, threatened him in an attempt to change his testimony. On June 21, 2008, Town of Quartzsite Mayor Ed Foster requested the Arizona Department of Public Safety to look into the criminal allegations. DPS Special Investigations Unit Detective Peter White, #4932, was assigned as the lead detective. The Investigative Report was prepared by Department of Public Safety (DPS) Special Investigations (SIU) Unit Detective Peter M. White, #4932. A Supplemental Report was prepared by DPS SIU Detective Jeff Brown, #4878 According to the report: Suspect 1. Name Jeffrey Lloyd Gilbert Date-of-Birth 54 Physical Description Caucasian, 5’06”, 150, black hair, brown eyes Residence Address 305 North Plymouth Avenue, Quartzsite, Arizona Phone Number 928-927-4644 Employment Chief of Police Quartzsite, Arizona Alleged Charges: One (1) Count of Influencing a witness, A.R.S. § 13-2802 One (1) Count of Tampering with a Public Document A.R.S. § 13-2407A2 Unauthorized access to criminal history, A.R.S. § 41-1756A2 2. Name Xavier Frausto Date-of-Birth 58 Physical Description Hispanic Male, 5’07”, 160, black hair, brown eyes Residence Address 305 North Plymouth Avenue, Quartzsite, Arizona Phone Number None Employment Sergeant Quartzsite Police Department Alleged Charges: One (1) Count of Tampering with a witness, A.R.S. § 13-2804A Victims 1. Name Officer Ruben Villafana, #Q37 Age 30 Occupation Police Officer Employer Quartzsite Police Department Employer 305 North Plymouth Avenue Address: Quartzsite, Arizona Telephone: 928-927-4644 Involvement: Victim of Influencing a witness by Chief Jeff Gilbert 2. Name Officer Herlen Yeomans, #Q38 Age 35 Occupation Police Officer Employer Quartzsite Police Department Employer 305 North Plymouth Avenue Address: Quartzsite, Arizona Telephone: 928-927-4644 Involvement: Victim of Influencing a witness by Sergeant Xavier Frausto Witness List/Investigative Lead 1. Jennifer Marie Jones, 45, Post Office Box 1320, Quartzsite, Arizona 85346, 928-785-6318 Quartzsite Police Department 305 North Plymouth Avenue Quartzsite, Arizona 85346 (928) 927-4644

     1. Sergeant William Ponce, #Q29

2. Sergeant Fabiola Garcia, #Q42

3. Sergeant James Schultz, #Q20

4. Officer Stephen Frakes, #Q21

5. Officer Michelle Norris, #Q25

6. Officer Heriberto Dominguez, #Q34

7. Officer James Kemp, #Q35

8. Officer Felipe Rodriguez, #Q36

9. Officer Alejandro Ruvalcaba, #Q40

10. Reserve Officer Candi Conley, #Q44

11. Police Assistant Linda Conley

Town of Quartzsite

465 North Plymouth Avenue

Quartzsite, Arizona 85346

(928) 927-4333

1. Town Manager, Alexandra Taft

Investigator List

Arizona Department of Public Safety

Special Investigations Unit

2339 North 20^th Avenue

Phoenix, Arizona 85005

(602) 223-2110

1. Detective Peter White, #4932; Lead Detective

2. Detective Ron Baroldy, #4767; Assisted with interviews

3. Detective Jennifer Borquez, #6138; Assisted with interviews

4. Detective Jeff Brown, #4878; Assisted with interviews

Initial Conditions

During the first week of May 2011, Quartzsite Police Department (QPD) Chief Jeffery Gilbert, #Q1, asked QPD Police Assistant Linda Conley to gather all offense reports pertaining to Jennifer Jones and John Jones for the Insurance Pool. Linda Conley discovered there had been numerous Arizona Criminal Justice Information System (ACJIS) checks on Jennifer Jones and John Jones. Linda Conley requested an ACJIS Log Scan from January 2008 until May of 2011. During Linda Conley’s review of the log scan she found out there were 263 ACJIS checks on John Jones in a two year period, 109 ACJIS checks on Jennifer Jones in a two year period and 58 ACJIS checks on Russell Sias in a 2 year period.

On May 10, 2011, members of the Quartzite Police Officers Association (QPOA) composed a letter with allegations of misconduct by Gilbert.

On May 11, 2011, the letter was hand delivered to Arizona Peace Officer Standards and Training (AZPOST) requesting an investigation. The letter outlined some of the following allegations against Gilbert:

· White-out of the town manager’s signature on their leave request forms, giving the appearance the town manager had not previously approved the initial request

· Violating medical privacy acts under federal law

· Uses his authority as the Chief to intimidate both officers and members of the community if they disagree with his methodology and political affiliation

· Gilbert uses, or orders members of the department to use the National Crime Information Computer to find dirt on political candidates or citizens supporting candidates the Chief dislikes

· Friends of the Chief who have warrants for their arrests are not placed in custody

· Officers are ordered to make traffic stops and arrest or cite citizens who the Chief believes are against him

· Disciplines members of the department he deems are unfit in front of others

· Promotes those who are loyal/friends of his in violation of department/human resource rules and policies

On May 20, 2011, QPD Officer Ruben Villafana, #Q37, had a meeting with Gilbert. Villafana felt Gilbert threatened him with his job if he did not with draw his statements against Gilbert.

Around June 2, 2011, QPD Officer Herlen Yeomans, #Q38, had an administrative interview regarding the issues alleged in the officers complaints. Yeomans stated prior to his interview he felt QPD Sergeant Xavier Frausto, #Q15, threatened him in an attempt to change his testimony before the interviewers.

An undated letter was composed by Mayor Ed Foster, addressed to Alex Taft, Quartzsite Town Manager, and was received by the Quartzsite Town Manager’s office on June 3, 2011. Mayor Foster letter indicated he became aware Frausto threatened Yeomans prior to Yeomans’s testimony and prior to the administrative investigation.

Notification

Mayor Foster composed an undated letter to the Arizona Department of Public Safety (DPS) requesting DPS to conduct a criminal investigation of Gilbert on the basis of the allegations of criminal acts on the part of Chief Gilbert by the QPOA. Foster requested the investigation to center on the criminal investigation and Quartzsite would handle the administrative aspects. The letter addressed the documents could be obtained from Sergeant William Ponce or by John Stairs, Vice President of the Arizona Coalition of Police and Sheriffs (AZCOPS).

On Tuesday, June 21, 2011, Arizona Department of Public Safety Special Investigations Unit Detective Peter M. White, #4932, spoke with AZ DPS SIU Sergeant Brian DeSanti, #5550.

DeSanti advised White of a request by the Mayor of Quartzsite, Ed Foster, to look into criminal allegations regarding Gilbert.

Supportive Documents V.1

Investigative Actions

On Wednesday, June 22, 2011, White spoke with QPD Sergeant William Ponce, #Q29, via the telephone and set up a meeting to obtain the paperwork containing the criminal allegations regarding Chief Gilbert.

On Tuesday, June 28, 2011, at approximately 0805 hours, SIU Detective Jeff Brown, #4878, and White drove to Quartzsite, Arizona. At approximately 1020 hours White and Brown met with Ponce at the McDonalds Restaurant, located at 1241 West Main Street, Quartzsite, Arizona. Ponce provided White with the following paperwork outlining the allegations regarding Chief Gilbert:

· Undated letter from Foster to Taft pertaining to an allegation of a threat toward Yeomans by Frausto

· Memorandum from the QPOA dated May 10, 2011, requesting and investigation concerning misconduct by Gilbert with names and signatures from the members of the QPOA, and notes made during the meeting with Ponce on June 28, 2011

· Undated Memorandum from the QPOA to Taft, regarding members of the QPOA requesting representation for their interviews with the town

· Memorandum dated May 26, 2011, to the Mayor, members of the town council and town manager from members of the QPD regarding a vote of no confidence of Gilbert.

· Memorandum dated November 16, 2010, from Gilbert to Ponce regarding use of sick leave for Officers Heriberto Dominguez and Officer James Kemp

· Memorandum dated April 4, 2011 from Gilbert to patrol personnel regarding a Patrol Sergeant position

· Memorandum dated April 4, 2011 from Gilbert to patrol personnel regarding a Task Force position

· Copy of Kemp’s request for leave with Ponce’s signature dated November 1, 2010, with an illegible signature of Taft’s that was allegedly “whited-out”

· Copy of Kemp’s request for leave signed by Taft on November 2, 2010

· Copy of Kemp’s request for leave dated December 12, 2010

· Memorandum from Kemp to Ponce, Gilbert and Taft regarding his leave request.

· Kemp’s time sheets dated October 30, 2010 and November 13, 2010

· Dominguez’s leave request signed August 10, 2010

· Dominguez’s time sheets dated September 4, 2010, September 18, 2010 and October 2, 2010

· Individual letters from the members of the QPOA containing their criminal and internal misconduct allegations against Gilbert

· Copy of La Paz County Narcotics Task Force Report #T2010-072 pertaining to a voter fraud investigation of Sean Eric Austin; Vito Frederick Austin; Ann Lori Austin; Mark David Dudley; Karen F. Gay; Chaunce Willis Hamilton; Patricia Ann Mariabella; Richard Raymond Olson; Dorothy Ann Sherrard; Victor E. Sherrard; and Russell K. Sias

Supportive Documents V.2

On Wednesday, June 29, 2011, White was present at a conference call in DPS General Investigations Unit (GIU) Sergeant Tony Mapp’s, #4381, office. Also present in the office was DPS SIU Detective Ron Baroldy, #4767. The call was from a male subject who identified himself to be Dean Taylor and Mayor Ed Foster. Foster was requesting an additional charge of disorderly conduct be investigated due to an incident at the Quartzsite Town Meeting that occurred on Tuesday, June 28, 2011. He said the incident was video taped. White reviewed the video of the incident on the Qtown news website. The phone call was digitally recorded shortly after the phone call started to its conclusion as digital file #DS500019. The digital recording was downloaded to a compact disc (CD). White was originally assigned this allegation to expand his investigation. Later Baroldy was assigned this allegation to be a separate investigation. This CD was later given to Baroldy.

On Thursday, June 30, 2011, White obtained the terminal operator certification numbers (TOC) of the QPD personnel from the DPS Access Integrity Unit.

Supportive Documents V.3

On Wednesday, July 6, 2011, White contacted DPS Intelligence Research Specialist Sonia Limon, #4977, and requested Arizona Criminal Justice Information System (ACJIS) log scan starting from 2009 until July 2011. White requested the ACJIS scan

logs be conducted on the following individuals: John Jones; Jennifer Jones; Sean Austin; Lori Austin; Vito Austin; Michael Roth; Richard Oldham; Russell Sias; and Chaunce Hamilton. These individuals were pointed out in the letters from the officers as the individuals that were targeted by Gilbert.

White reviewed the letters submitted by the officers, and found the following criminal allegations: Quartzsite Town Manager Alex Taft’s, signature was “whited-out” on

QPD Officer James Kemp’s, #Q35, leave request form, misuse of ACJIS, and Frausto threatened Yeomans prior to Yeomans’s administrative interview.

The letters also made an allegation that an investigation of the allegation of sexual misconduct regarding a former QPD Officer, Josh Star, was never conducted.

On Thursday, July 7, 2011, White contacted the Arizona Odbudsmen’s Office, and the Arizona Attorney Generals (AG’s) Office and inquired into the Open Meeting Laws. The information was forwarded to Baroldy.

On Tuesday, July 12, 2011, White received the 2010 ACJIS Log Scan dated December 27, 2009 through August 1, 2010.

Supportive Documents V.4.1

Supportive Documents V.4.2

Supportive Documents V.4.3

Supportive Documents V.4.4

On Wednesday, July 13, 2011, White contacted the AG’s office and inquired about the open meeting law. This information was given to Baroldy.

On Thursday, July 14, 2011, White contacted DPS Computer Forensic Unit Sergeant Brett Farrar, #3447. White requested a copy of a Youtube video of the June 28, 2011, Quartzsite Town Meeting incident. White obtained the copy of the video. The copy of the video was later turned over to Baroldy.

On Wednesday, July 20, 2011, White received the ACJIS Log Scan dated August 1, 2010, through December 31, 2010.

Supportive Documents V.5

On Wednesday, July 20, 2011, Mapp and White had a conference call with the AG’s Office Ted Campagnolo pertaining to the June 28, 2011, Quartzsite Town Meeting and allegations of disorderly conduct and members of the QPD. Campagnolo stated he did not see the video of the meeting however others in the AG’s Office had a discussion and they did not see anything that rose to a criminal level. This information was forwarded to Baroldy.

On Thursday, July 21, 2011, White received the ACJIS Log Scans dated January 1, 2009, through November 16, 2009, and November 16, 2009, through December 31, 2009.

Supportive Documents V.6.1

Supportive Documents V.6.2

Supportive Documents V.6.3

Supportive Documents V.7

On Tuesday, July 26, 2011, White received the ACJIS Log Scans dated January 1, 2011 through July 21, 2011, through December 31, 2009, and January 1, 2011 through July 21, 2011.

Supportive Document V.8

White reviewed the ACJIS Log Scans, highlighted the names ran and entered the data onto a spread sheet.

Supportive Document V.9

Supportive Document V.10

Supportive Document V.11

There were missing pages on the 2010 ACJIS Log Scan. On Tuesday, August 2, 2011, White requested another 2010 ACJIS Log Scan.

On Wednesday, August 3, 2011, White received the 2010 ACJIS Log Scan. White reviewed the log scan and entered the data into a spread sheet.

Supportive Document V.12

On Thursday, August 18, 2011, at approximately 0811 hours, White conducted a voluntary criminal interview with Ponce. The interview pertained to Ponce’s knowledge of alleged criminal misconduct by Gilbert. Brown assisted with the interview. Ponce agreed to the interview. The audio interview was recorded in two parts as digital files #DS500209, part 1 of 2, and #DS500106, part 2 of 2, and stored on digital video discs (DVD)(evidence item #PW1).

Interviews IV.1

Ponce Interview part 1 of 2

Ponce Interview part 2 of 2

On Thursday, August 18, 2011, at approximately 0919 hours, White conducted a voluntary criminal interview with QPD Officer Alejandro Ruvalcaba, #Q40. The interview pertained to Ruvalcaba’s knowledge of alleged criminal misconduct by Gilbert. Brown assisted with the interview. Ruvalcaba agreed to the interview. The audio interview was recorded as digital file #DS500210 and stored on a DVD (evidence item #PW2).

Interviews IV.2

Ruvalcaba Interview

On Thursday, August 18, 2011, at approximately 1017 hours, White conducted a voluntary criminal interview with Kemp. The interview pertained to Kemps’s knowledge of alleged criminal misconduct by Gilbert. Brown assisted with the interview. Kemp agreed to the interview. The audio interview was recorded as digital file #DS500211 and stored on a DVD (evidence item #PW3).

Interviews IV.3

Kemp Interview

On Thursday, August 18, 2011, at approximately 1157 hours, White conducted a voluntary criminal interview with QPD Officer Stephen Frakes, #Q21. The interview pertained to Frakes’s knowledge of alleged criminal misconduct by Gilbert. Brown assisted with the interview. Frakes agreed to the interview. The audio interview was recorded as digital file #DS500212 and stored on a DVD (evidence item #PW4).

Interviews IV.4

Frakes Interview

On Thursday, August 18, 2011, at approximately 1302 hours, White conducted a voluntary criminal interview with QPD Officer Michelle Norris, #Q25. The interview pertained to Norris’s knowledge of alleged criminal misconduct by Gilbert. Brown assisted with the interview. Norris agreed to the interview. The audio interview was recorded as digital file #DS500213, and stored on a DVD (evidence item #PW5).

Interviews IV.5

Norris Interview

On Thursday, August 18, 2011, at approximately 1422 hours, White conducted a voluntary criminal interview with Villafana. The interview pertained to Villafana’s knowledge of alleged criminal misconduct by Gilbert. Brown assisted with the interview. Villafana agreed to the interview. The audio interview was recorded as digital file #DS500214 and stored on a DVD (evidence item #PW6).

Interviews IV.6

Villafana Interview

On Thursday, August 18, 2011, at approximately 1510 hours, White conducted a voluntary criminal interview with Taft. The interview pertained to Taft’s knowledge of a Quartzsite Leave Request Form belonging to Kemp being altered. Brown assisted with the interview. Taft agreed to the interview. The audio interview was recorded as digital file #DS500215 and stored on a DVD (evidence item #PW7).

Interviews IV.7

Taft Interview

At approximately 1530 hours, Taft gave White the original Quartzsite Leave Request Form where Taft’s signature was “whited-out” (evidence item #PW8).

Supportive Documents V.13

At approximately 1633 hours, Taft contacted White by telephone and left a voice mail. Taft stated she thought about what was said in her interview. She believed she was the only one who used the painted white-out, and that Gilbert used the white-out strips. She now thought she “whited-out” her own signature, and she wanted to talk more about it.

On Monday, August 22, 2011, at approximately 1303 hours, White digitally recorded the voice mail Taft left for White as digital file #DS500216, and stored it on a DVD (evidence item#PW9).

Taft Phone Message

On Wednesday, August 24, 2011, at approximately 1016 hours, White conducted a voluntary criminal interview with former QPD Police Assistant Linda Conley. The interview pertained to Conley’s knowledge of alleged criminal misconduct by Gilbert. Baroldy assisted with the interview. Conley agreed to the interview. The audio interview was recorded as digital file #DS500217 and stored on a DVD (evidence item #PW10).

Interviews IV.8

Linda Conley Interview

On Wednesday, August 24, 2011, at approximately 1312 hours, White conducted a voluntary criminal interview with QPD Officer Heriberto Dominguez, #Q34. The interview pertained to Dominguez’s knowledge of alleged criminal misconduct by Gilbert. Baroldy assisted with the interview. Dominquez agreed to the interview. The audio interview was recorded as digital file #DS500218 and stored on a DVD (evidence item #PW11).

Interviews IV.9

Dominguez Interview

On Thursday, August 25, 2011, at approximately 1410 hours, White secured evidence items PW1-PW11 into the DPS Central Region Property and Evidence Unit (CRPEU), located at 2323 North 22^nd Avenue, Phoenix, Arizona 85005.

Supportive Documents V.14

On Monday, August 29, 2011, at approximately 1420 hours, White contacted Kemp via the telephone for a follow-up interview. The interview pertained to Kemp’s statement in his interview on August 18, 2011, Yoemans was a liar. Kemp stated Yeomans lied about not getting paid for three days of administrative leave in Yeomans administrative interview with Jackson Lewis. The phone conversation was digitally recorded as digital file #DS500219 and stored on a DVD (evidence item #PW12).

Kemp followup phone interview

At approximately 1544 hours, White was contacted by Kemp via the telephone. Kemp stated he received the wrong information about Yeomans, Yeomans did not lie about not getting paid for his three days of administrative leave, that Yeomans had proof that he did not get paid and that Taft lied. This phone conversation was not recorded.

On Tuesday, August 30, 2011, at approximately 0816 hours, White conducted a voluntary criminal interview with Yeomans. The interview pertained to Yeomans’s knowledge of alleged criminal misconduct by Gilbert. Baroldy assisted with the interview. Yeomans agreed to the interview. The audio interview was recorded as digital file #DS500220 and stored on a DVD (evidence item #PW13).

Interviews IV.10

Yeomans Interview

On Tuesday, August 30, 2011, at approximately 0820 hours, Brown conducted a voluntary criminal interview with QPD Officer Felipe Rodriguez, #Q36. The interview pertained to Rodriguez’s knowledge of alleged criminal misconduct by Gilbert. DPS SIU Detective Jennifer Borquez, #6138, assisted with the interview. Rodriguez agreed to the interview. The audio interview was recorded as digital file #DS500107 and stored on a DVD (evidence item #PW14).

Interviews IV.11

Rodriguez Interview

On Tuesday, August 30, 2011, at approximately 0908 hours, White conducted a voluntary criminal interview with QPD Officer Richard Patterson, #Q43. The interview pertained to Patterson’s knowledge of alleged criminal misconduct by Gilbert. Baroldy assisted with the interview. Patterson agreed to the interview. The audio interview was recorded as digital file #DS500221 and stored on a DVD (evidence item #PW15).

Interviews IV.12

Patterson Interview

On Tuesday, August 30, 2011, at approximately 0923 hours, Brown conducted a voluntary criminal interview with QPD Sergeant James Schultz, #Q20. The interview pertained to Schultz’s knowledge of alleged criminal misconduct by Gilbert. Borquez assisted with the interview. Schultz agreed to the interview. The audio interview was recorded as digital file #DS500108 and stored on a DVD (evidence item #PW16).

Interviews IV.13

Schultz Interview

On Tuesday, August 30, 2011, at approximately 1258 hours, White conducted a voluntary criminal interview with Frausto. The interview pertained to Frausto’s knowledge of alleged criminal misconduct by Gilbert and to the allegation of threatening Yeomans. Baroldy assisted with the interview. Frausto agreed to the interview. The audio interview was recorded as digital file #DS500222 and stored on a DVD (evidence item #PW17).

Interviews IV.14

Frausto Interview

On Tuesday, August 30, 2011, at approximately 1512 hours, White conducted a voluntary criminal interview with former QPD Reserve Officer Candi Conley, #Q44. The interview pertained to Candi Conley’s knowledge of alleged criminal misconduct by Gilbert. Baroldy assisted with the interview. Candi Conley agreed to the interview. The audio interview was recorded as digital file #DS500223 and stored on a DVD (evidence item #PW18).

Interviews IV.15

Candi Conley Interview

On Wednesday, August 31, 2011, at approximately 0130 hours, White received the following QPD Reports from Brown: 10-00750; 10-00765; 11-00377 along with a digital copy of a body camera video of the arrest; and 11-00385.

On Wednesday, August 31, 2011, at approximately 0954 hours, White conducted a voluntary criminal interview with QPD Sergeant Fabiola Garcia, #Q42. The interview pertained to Garcia’s knowledge of alleged criminal misconduct by Gilbert. Baroldy assisted with the interview. Garcia agreed to the interview. The audio interview was recorded as digital file #DS500224 and stored on a DVD (evidence item #PW19).

Interviews IV.16

Garcia Interview

On Thursday, September 1, 2011, at approximately 1340 hours, White contacted Ponce via the telephone. The phone conversation was a follow-up to Ponce’s interview to clarify how Kemp’s leave request was presented to him by Gilbert. Ponce stated Gilbert presented the leave request paperwork to be corrected and Gilbert told him the leave was not approved by Taft. Ponce stated the actual form was within the paperwork Gilbert gave to him but Gilbert did not solely present the leave form and say Taft did not approve the leave request. The phone conversation was recorded as digital file #DS500225 and stored on a DVD (evidence item #PW20).

Ponce followup phone interview

On Thursday, September 1, 2011, at approximately 1450 hours, White secured evidence items PW12-PW20 into the DPS CRPEU.

Supportive Documents V.15

On Tuesday, September 6, 2011, at approximately 0803 hours, White conducted a voluntary follow-up criminal interview with Taft. The interview pertained to Taft changing her initial statement that Gilbert “whited-out” her signature on Kemp’s leave request form. Baroldy assisted with the interview. Taft agreed to the interview. The audio interview was recorded as digital file #DS500226 and stored on a DVD (evidence item #PW21).

Interviews IV.17

Taft Interview Followup interview

On Tuesday, September 6, 2011, at approximately 1309 hours, White conducted a voluntary criminal interview with Gilbert. The interview pertained to criminal allegations made against Gilbert. Baroldy assisted with the interview. Gilbert agreed to the interview. The audio interview was recorded as digital file #DS500227 and stored on a DVD (evidence item #PW22).

Interviews IV.18

Gilbert Interview

On Wednesday, September 7, 2011, at approximately 1435 hours, White secured evidence items PW21 and PW22 into the DPS CRPEU.

Supportive Documents V.16

On Tuesday, October 4, 2011, White contacted Gilbert and requested offense reports regarding Jennifer Jones, John Jones, Vito Austin, Russell Sias and Michael Roth.

On Thursday, October 6, 2011, White and DPS SIU Sergeant Andy Williams, #2842 drove to the QPD and obtained the offense reports requested.

Supportive Documents V.17.1

Supportive Documents V17.2

Supportive Documents V.17.3

On Tuesday, October 18, 2011, at approximately 0922 hours, Jennifer Jones, sent White an electronic mail (email). The email pertained to a question as to why ACJIS checks were conducted on her husband (John Jones) and her while they were in Texas at a dog show in the fall of 2010.

Supportive Documents V.18

On Wednesday, October 26, 2011, at approximately 0712 hours, White replied to Jennifer Jones’s email of October 18, 2011. White requested the dates she was at the dog show and proof she was there.

Supportive Documents V.19

On Wednesday, October 26, 2011, at approximately 1855 hours, Jennifer Jones sent White and email with an attachment. The email stated Jennifer Jones was not in Quartzsite from June 2010 until October 2010. The attachment was the letter Linda Conley wrote and was submitted with the QPD officer’s letters that were submitted to AZPOST.

Supportive Documents V.20

At approximately 1902 hours, Jennifer Jones sent White an email correcting the email address of the person who could verify the dog shows.

Supportive Documents V.21

On Tuesday November 8, 2011 White received a related supplemental report prepared by Brown.

Investigations II.2

On Wednesday December 7, 2011, at approximately 1435 hours, White secured evidence item PW23 into the DPS CRPEU.

Supportive Documents V.22

Video QPD 11-00377

Investigative Summary

The investigation revealed the following:

Based on interviews with the members of the QPD, Taft, documents provided by Taft, the QPOA and Gilbert, and review of the ACJIS Scan Logs January 2009 until July 2011, the investigation revealed the following concerning the allegations of criminal misconduct by Gilbert and Frausto:

Tampering with a Public Document:

In 2010 Officer Kemp and Dominguez requested family medical leave because their spouses were having babies. Ponce was responsible for the payroll of the police department. He stated when a person would request leave the supervisor would sign the request and the request went to the finance department. Gilbert did not handle the payroll.

Ponce looked at the policy and knew in the past people (former Quartzsite Police Sergeant Jason Perkinson) had split the time taken between sick leave and annual leave.

Ponce checked with Peggy Ware of the finance department and they did not see anything in policy that would not allow splitting the time between sick leave and annual leave. Ponce signed the requests and the town manager Alex Taft signed the requests.

Ponce told Gilbert, Dominguez needed to take some time off or he would lose the time. Gilbert questioned Ponce since Dominquez had used time for family medical leave.

Gilbert sent Ponce a memo requesting Kemp’s and Dominguez’s leave requests be corrected to be with in policy. Ponce noticed on Kemp’s leave request, Alex Taft’s signature had been “whited-out.” Gilbert told Ponce that Taft did not approve the leave requests. Ponce pointed out Taft had signed it and Gilbert did not say anything. He told Ponce Taft did not know what she was signing. Ponce did not know who “whited-out” Taft’s signature. Gilbert did not ask Ponce to “white out” the signature, and Ponce did not have anything to do with the removal of Taft’s signature.

Kemp did not know who “whited-out” Alex Taft’s signature on the leave request.

Gilbert asked Taft if it was okay to white-out her signature on Kemp’s leave request. Taft told him, he could white-out her signature. She did not know why Gilbert wanted to white out her signature.

Alex Taft’s signature was “whited-out” on Kemp’s leave request, she was not sure why the signature was “whited-out” or who “whited-out” the signature.

At approximately 1633 hours, Taft contacted White by telephone and left a voice mail. Taft stated she thought about what was said in her interview, and she believed she was the only person who used the painted white-out, and that Gilbert used the white-out strips. She now thought she “whited-out” her own signature, and she wanted to talk more about it.

Ponce stated Gilbert presented the leave request paperwork to be corrected and Gilbert told him the leave was not approved by Taft. Ponce stated the actual form was within the paperwork Gilbert gave to him but Gilbert did not solely present the leave form and said Taft did not approve the leave request. Taft said she is the only one, as far as she knows, that uses the paint white out, and everyone else uses the white-out strips.

Taft talked with Gilbert after her interview on August 18, 2011. She stated she forgot she wrote, “Refer to Chief Gilbert” in her signature block, and she did not think Gilbert “whited-out” her signature, unless Gilbert was in her office and “whited-out” her signature. Gilbert told her he did not remember who “whited-out” the signature.

Taft stated Gilbert did not change Taft’s mind to say she “whited-out” her signature.

Taft wrote “Refer to Chief Gilbert” in her signature block over the white out, and she did not remember when she did, but it predated Gilbert’s memorandum to the officers. She wrote “Refer to Chief Gilbert” because Gilbert had questions and she wanted Gilbert to research the issue. She signed her approval of the leave, because she believed when the officer’s sergeant signed it, the sergeant used his due diligence.

It was an oversight on her part and she relied on QPD Sergeant William Ponce’s signature on the leave request and approved it. Ponce customarily handled the payroll for the police department.

Taft did not know why the copy of the leave request given to White by Ponce on June 28, 2011, did not have “Refer to Chief Gilbert” in her signature block. She was

quite surprised when she saw that. She wrote “Refer to Chief Gilbert” when she discussed the issue with Gilbert and the adjustments were made, but reiterated she wrote it prior to Gilberts memorandums to the officers.

Gilbert went to Alex Taft’s office and had a discussion with her and she agreed that the leave requested needed to be corrected. He may have told Sergeant William Ponce that if Alex Taft signed the leave request, approving the leave request, she did not know what she was signing. Gilbert said that from time to time he had to sign paper work amongst doing other things. He expects that people filling out the paper work had done it properly, and he signed the paperwork. He did not remember whiting-out Alex Taft’s signature on the leave request and he did not recall Alex Taft whiting-out the leave request.

Influencing a witness:

On May 10, 2011, members of the QPOA composed letters of no confidence with Gilbert as their Chief and stated allegations of misconduct of an internal administrative nature and a criminal nature. Ruvalcaba was one of the members who signed the memo.

On May 20, 2011, at approximately 1130 hours Ruvalcaba met with Gilbert because Fruasto told Gilbert that Ruvalcaba was upset about the sergeant’s process. During this meeting Ruvalcaba stated he was threatened by Gilbert to choose what side he would be on or he would lose his job. Ruvalcaba stated Gilbert told him, “I don’t know what wagon you are going to jump on, I gave you this job when you asked for the job don’t cut your career short.”

Norris heard Gilbert threatened Ruvalcaba. Gilbert told Ruvalcaba which wagon he was on because it could affect him. She was at the office but could not hear everything said. Ruvalcaba told her what Gilbert said. Ruvalcaba told Norris he thought he should withdraw his complaints against Gilbert because he felt he was going to lose his job.

Fruasto did not recall Gilbert threatening anyone.

Gilbert stated he did not say it in the context Rubvalcaba had stated. Gilbert stated it was a positive conversation and encouragement for Ruvalcaba. He told Ruvalcaba he was a good officer and he would have plenty of opportunity later on, and he hired him for who he was.

Tampering with a witness:

On June 2, 2011, Yeomans had an administrative interview with Jackson Lewis dealing with the internal issues of the QPD. Prior to Yeomans interview, he had a conversation with Frausto.

Yeomans stated Frausto told him “Just to let you know, nothing is going to happen to the chief and they are going to ask all of you to resign.” He was afraid to talk because he felt as if he was going to be fired.

Frausto stated he did not threaten anyone, but people claimed he did. He talked with Yeomans prior to him going to interview with Jackson Lewis. He told Yeomans that after this is done some of the citizens will request the officers to be dismissed for what they are putting the town through.

Yeomans contacted Ponce on the day of the Jackson Lewis interview. Yeomans was contacted by Sergeant Xavier Frausto. Frausto told Yeomans to change his statements because they were going to ask for their resignations for going against the chief.

Frakes had his interview with Jackson Lewis after Yeomans. When Yeomans interview ended Frakes noticed Yeomans appeared to be angry and showing fear. Yeomans told Frakes that Frausto told him that anyone who came in and made Gilbert look bad was going to be fired. Frakes took that as a threat to Yeomans to change his testimony.

No one else was present during the conversation between Yeomans and Frausto.

Yeomans told Norris, Frausto confronted him prior to his interview with Jackson Lewis. Frausto told Yeomans he did not know why they were doing this, he will lose his job. Yeomans felt Frausto want him to retract his statements.

Yeomas told Villafana, Frausto told him everyone that signed the letter was going to be asked to resign. Yoemans was upset and believed Frausto tried to persuade him to change his testimony or he would lose his job.

Linda Conely heard Yeomans spoke to Frausto and Frausto told him to let things go don’t say anything, everyone is going to get fired, and that Gilbert is the Chief and he can talk to you any way he wanted to. Yeomans felt he would lose his job if he testified.

Candi Conley heard Yeomans was threatened by Frausto by stating that if he cooperated with the letter of no confidence and Jackson Lewis, Gilbert would be exonerated, and Yeomans would be fired.

Gilbert heard an allegation that Frausto threatened Yeomans in some form prior to Yeomans interview. He did not ask Frausto to talk with Yeomans. He did not do anything about the allegations. Gilbert stated Frausto denied he did it and from the results of the investigation Yeomans credibility came into question from some of Yeomans statements.

Kemp stated Yeomans was a substandard officer, he was a liar, and he was not trustworthy. Kemp said Yeomans lied during the administrative investigation with Jackson Lewis about not getting paid during a three day administrative leave. Kemp retracted his statement and said he got wrong information and Yeomans did not lie about not getting paid and Yeomans had proof.

Unauthorized access to criminal history:

Review of the ACJIS Log Scan from January 1, 2009, through December 31, 2009, showed there were two Arizona Criminal History checks of Vito Austin made by Linda Conley for Gilbert on August 4, 2009. The ACJIS Log Scan shows a reason for the check as an investigation. There is no investigation report related to this investigation. There were three driver’s license checks and two driver’s license photo checks made by Linda with no corresponding information on who requested the checks.

Review of the ACJIS Log Scan from January 1, 2010, through December 31, 2010, revealed the following related to Gilbert:

· John Jones

· Gilbert requested a criminal history made by Linda Conley regarding John Jones

on November 29, 2010. The ACJIS Log Scan showed the check was related to QPD Report #2010-00773.

· There were 25 other driver’s license checks, both regional and individual, state checks and criminal history checks on John Jones conducted by Linda Conley.

· Linda Conely stated these checks were mostly requested by Frausto but she was not sure. Gilbert and Frausto were trying to identify John Jones during this time because he had no picture identification. John Jones only had military discharge form (DD214).

· Vito Austin

· There were three warrant checks and a driver’s license check for Gilbert on Vito Austin on March 30, 2010. There was no corresponding report or information provided by Gilbert for the reason for the checks.

· There were 13 driver’s license and wanted checks with no corresponding reason or person who requested the checks made by Linda Conley.

· Gilbert stated he didn’t think his department had 50 contacts in 2010 and felt Vito Austin being checked 50 times was excessive and out of the norm.

· Sean Austin

· There were two driver’s license checks made by Linda Conley with no corresponding reason or information for the checks.

· Russell Sias

· On April 5, 2010, Gilbert requested five wanted and five driver’s license checks.

· On April 6, 2010 Gilbert requested five wanted checks and five driver’s license checks. Gilbert stated he believed the reason for the checks was he had contacted Russell Sias in a parking lot after a Town Council meeting attempting to get into a vehicle that had been left in the parking lot.

· On April 13, 2010, Gilbert requested a driver’s license and wanted check. He could not recall the reason. There was no corresponding information provided for the reason of the check.

· Linda Conley conducted 13 driver’s license checks, both individual states and regional state checks and wanted checks. There was no corresponding information for the reason for the checks.

· There was only one investigative report on Sias in 2010.

· Chaunce Hamilton

· There were three driver’s license checks, one individual state and two regional state checks made by Linda Conley. There was no corresponding information provided for the checks.

· Michael Roth

· There were nine criminal history checks for Gilbert conducted by Linda Conley on January 28, 2010. There was no reason noted on the ACJIS Log Scan and there was no corresponding information for the reason of the checks.

· There were four additional checks, driver’s licenses and driver’s license history. There was no corresponding information for the reason of the checks.

Review of the ACJIS Log Scan from January 1, 2011, through July 21, 2010, revealed the following related to Gilbert:

· John Jones

· On April 6, 2011, there was a criminal history check for Gilbert by Linda Conley. The ACJIS Log Scan stated the reason for the check was an investigation. There was not investigation report provided.

· On April 6, 2011, Linda Conley conducted three additional checks, two regional state driver’s license check and an individual state check. There was no corresponding information for the reason for the checks.

· Jennifer Jones

· On February 16, 2011, Linda Conley conducted two driver’s license checks and a driver’s license photograph check. There was no corresponding reason or information provided for the check.

· On February 17, 2011, Gilbert requested a criminal history check made by Linda Conley. The ACJIS Log Scan stated the reason for the check was QPD Report #2011-00164. That report was not provided by the QPD.

Ponce did not see Gilbert conduct any ACJIS checks, Gilbert does not know how to conduct those checks and Gilbert would not be identified as the person conducting the checks.

Norris stated Linda Conely would have no reason to conduct ACJIS checks unless she was asked to or, in her duties as the property custodian, dealt with weapon releases.

Linda Conley stated she was asked by Gilbert to run individuals to find if they have valid driver’s licenses, to run them through all 50 states to see what states they had licenses. She said it was for fact finding. Linda Conley said since she had numerous duties she did not keep track of when officers would ask her to run registrations and driver’s licenses. She said they had a form to request criminal histories

Linda Conley stated she did not run anyone unless someone requested her to.

Yeomans stated he was present when Gilbert asked Linda Conley to run Jennifer Jones. He was not able to hear Gilbert give Linda Conley a reason. He did not recall what the date was.

Frausto stated he was present when Gilbert asked Linda Conley to run Jennifer Jones and Jack Jones through ACJIS. He stated the only time we run someone through ACJIS is if they were arrested. Russell Sias was arrested in February of 2011 for assaulting Gilbert. There was no reason to run Sias that many times in 2010. Frausto did not recall Gilbert running Sias 13 times.

Frausto asked Linda Conley to run Jack Jones through the ACJIS and there was no record found. The incident that started this was the arrest of Jack Jones. He believed the arrest was the winter of 2010 or January to February 2011. Frausto said Jack Jones was identified by his finger prints from the arrest and there was no reason to keep running him since they knew who he was.

Garcia was not present when Gilbert asked Linda Conley to conduct ACJIS checks. She was present when other officers asked Linda to run driver’s license and registration checks. She also asked Linda to run driver’s license and registration checks.

Garcia stated Linda Conley was picky and she did things right the right way. She said even though Linda was picky and did things right, Linda is the main complainant against Gilbert in regards to the ACJIS checks, and she had ample opportunity to run the checks.

As far as Garcia knew, Russell Sias, Jennifer Jones, John Jones, Vito Austin, Michael Roth were not the subjects of any long term investigation that would warrant numerous ACJIS checks being conducted on them and having registrations checks conducted on vehicles pulling into there residences or places of business.

Garcia heard Vito Austin was a drug dealer and would leave and come back with a shipment.

Garcia stated there were complaints that Russell Sias and others were running for city council and were not residents, and an investigation was conducted. The only time they were told to check on them was if they ran into them. Garcia stated it was not Gilbert going after them. She stated Gilbert was told this was the problem, to go after them, and then it was investigated. She stated when they received the complaint with Sias, they were told if they run into him, or he was scene going to elections or if he was under investigation, to run him and verify the registration if it was out of state, but they were not directed to do so.

Gilbert stated he asked others to conduct criminal justice computer checks if it pertained to an investigation. He would ask for registration plate checks to be done for vehicles over at Jennifer Jones’s if it pertained to an investigation. The most recent investigation on Jennifer Jones was to determine her residency because she was running for office. Gilbert recalled Linda commenting on her neighbor being run but he did not recall the particulars.

Gilbert stated John Jones was a victim and a suspect in investigations and they could not identify John Jones, they believed he was using an alias.

Gilbert stated Linda Conley was trained and was the system security officer. Linda may have run people in a particular way as her protocol. Since Linda was trained, Gilbert had faith in her that she would do things properly. Gilbert said Linda never said anything she was asked to do was wrong.

Gilbert stated any check he made or asked someone else to make, he believed was for a lawful reason. His definition for a lawful purpose was for a criminal investigation or suspicion of criminal activity.

There were no checks made of Jennifer Jones while she was out of town according to her email, but John Jones was run during that time. There was an informational offense report generated, QPD 2010-00581.

“All conclusions relative to the criminal investigation will be formulated by the Arizona Attorneys General Office, upon review of the criminal case.” The report stated. On July 13^th, 2012, the Attorney General Tom Horne’s Office declined the case for prosecution, citing “no reasonable likelihood of conviction, victim/witness credibility problems, inadequate evidence of corroboration, and inadequate evidence of intent. “