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Friday, June 15, 2012

Vederman Press release "Quo Warranto" filed!

SAMUEL E. VEDERMAN
COUNTY ATTORNEY
Office of the La Paz County Attorney
1320 Kofa Avenue
Parker, Arizona 85344-5724
(928)669-6118/Fax: (928)669-2019
June 15, 2012
PRESS RELEASE
SAM VEDERMAN FILES QUO WARRANTO COMPLAINT
AGAINST JOSE LIZARRAGA AND BARBARA COWELL
“Let each citizen remember at the moment he is offering his vote that he is not making a present or a compliment to please an individual - - or at least that he ought not so to do; but that he is executing one of the most solemn trusts in human society for which he is accountable to God and his country.” - Samuel Adams
“A share in the sovereignty of the state, which is exercised by the citizens at large, in voting at elections is one of the most important rights of the subject, and in a republic ought to stand foremost in the estimation of the law.” - Alexander Hamilton
“The elective franchise, if guarded as the ark of our safety, will peaceably dissipate all combinations to subvert a Constitution, dictated by the wisdom, and resting on the will of the people .” - Thomas Jefferson
On June 4, 2012, at a special meeting, the majority of the Town of Quartzsite Common Council refused to seat Mayor- Elect Ed Foster and Council Member-Elect Mark Orgeron, by judging them unqualified to hold office, even though Foster and Orgeron received the highest number of votes in the May 15, 2012, runoff election.
Among the members of the Town of Quartzsite Common Council who voted to find Foster and Orgeron unqualified to hold office were three council members who either had not run for re-election, Mayor Jose Lizarraga, or who were not re-elected, Vice Mayor Barbara Cowell and Council Member Joe Winslow. Lizarraga voted in opposition to the majority of the council and Winslow resigned his office at the conclusion of the special meeting.
On Thursday, June 14, 2012, this office, in the name of the State of Arizona, filed a Quo Warranto complaint, in La Paz County Superior Court, against Jose Lizarraga and Barbara Cowell, who have yet to voluntarily relinquish their offices to Mayor-Elect Foster and Council Member- Elect Orgeron.
The Quo Warranto complaint alleges Mr. Lizarraga and Ms. Cowell have usurped, intruded into or unlawfully held or exercised public office by not vacating the offices of mayor and council member respectively, and that they continue to exercise control over those offices contrary to the law.
This office has requested the court issue a judgment of usurpation and an order ousting and excluding both Mr. Lizarraga and Ms. Cowell from their respective public offices and all other orders and relief as the court deems just and proper.
The legal action taken by this office was taken after much deliberation and in conformity with the intent of our Founding Fathers. There is no other choice, but to intervene in Quartzsite, in order to ensure the will of the citizens is carried out without any further unnecessary delay.
Once again, this office asks all citizens to remain calm and allow the legal system to enforce the transition of power through peaceful means.

Tuesday, June 12, 2012

AZ Republic reports on Q Town "election hullabaloo"

http://www.azcentral.com/arizonarepublic/news/articles/2012/06/07/20120607quartzsite-refuses-seat-winning-mayor.html

Quartzsite refuses to seat winning mayor

Quartzsite residents who thought they voted in new municipal leadership found out otherwise last week when the Town Council decided not to seat Mayor-elect Ed Foster and Councilman-elect Mark Orgeron, claiming the two men are not eligible to hold office.
Incumbents contend that Foster, a former mayor who leads the opposing political faction, is ineligible because of an unpaid debt to the town. They refused to let Orgeron take office because they do not consider him to be a town resident.
"I served in the military, and this is not the America that I raised my right hand and swore to defend," said Foster, who garnered 56 percent of the vote to easily defeat opponent Jerry Lukkasson.
Foster said he filed papers asking La Paz County Attorney Sam Vederman to file a writ under an obscure state law that allows a court to remove usurpers from public office and seat a legitimate candidate.
Orgeron said he has hired an attorney and filed a legal action, but he declined to provide details.
Vederman said Monday that he is studying options and should make a decision "soon." Meanwhile, he said, the situation in Quartzsite is volatile enough that he worries about violence.
"We're exploring the entire situation," Vederman added. "A lot of people are concerned there could be violations (of Arizona law). I just want everyone to remain calm."
The election hullabaloo is just the latest political clash in the dusty desert town along Interstate 10, the freeway to California. Years of feuding have resulted in numerous criminal and civil investigations.
Foster and about a dozen other critics of the establishment who have been jailed repeatedly say they are victims of false arrest and civil-rights violations. A town attorney was replaced last year after he refused to prosecute cases that he described as politically motivated.
Most of the town's police officers were fired in 2011 after they accused Chief Jeffrey Gilbert of abusing his authority. Their complaint was referred by state police investigators to the Attorney General's Office, which censured the Town Council for violating public-meeting laws.
The state ombudsman reprimanded the town for violating Arizona's Public Records Law. State Bar complaints have been lodged against the new town attorney. Foster said he was interviewed recently by FBI agents investigating public officials.
Vice Mayor Barbara Cowell, who placed third in the election and would have been replaced by Orgeron, said she and other incumbents are fighting against disruptive newcomers.
"All we're trying to do is protect the people of Quartzsite," she said.
Jose Lizarraga, who was to be replaced as mayor but remains in office, did not respond to interview requests. According to town records, Lizarraga opposed the council's decision to disqualify Foster and Orgeron.
Minutes from last week's meeting indicate the council's vote took place after a closed-door discussion, and no public explanation was given for the board's decision.
In an interview, however, Cowell said Foster was disqualified because he failed to pay court-ordered attorney fees from a lawsuit he lost against the town.
Several years ago, Quartzsite adopted an ordinance banning municipal debtors from office. Foster and others contend the ordinance violates the rights of voters as well as candidates.
Ken Strobeck, executive director of the League of Arizona Cities and Towns, declined to comment on the legal question but said he knows of no other municipality in the state with a similar candidate code.
Tim Casey, a Phoenix attorney who practices election law, said that, under Quartzsite's ordinance, a resident could not hold office if he or she had an unpaid traffic ticket or was contesting a municipal fee.
"I would think there would be a number of constitutional problems with that," Casey said. "It would seem to be an impermissible limitation on public service and a violation of the will of voters."
Cowell said Orgeron was not seated because council members do not believe his legal residence is in Quartzsite. Orgeron teaches in the community and stays there five days each week, but he has a home in Yuma and was registered to vote there in the past year.
Orgeron said he has lived in Quartzsite since 2009 and considers it his residence.
"I believe the current Town Council and city government have stifled the voters," he said. "We need to turn that town back over to the people."
Casey said that residency questions hinge largely on subjective intent and that challenges from political rivals should be viewed skeptically: "You have to be careful about using these things to exclude people who you don't see as desirable."
Rob Dalager, another attorney experienced in election law, said it is unlikely that a judge would disqualify Orgeron based on an issue that was not even raised before the election.
"Courts like to give pretty good deference to the voters," he noted.
The U.S. Census Bureau puts Quartzsite's population at about 3,500, with a median age of 67.
But actual numbers fluctuate wildly from a few thousand people who brave the summer heat to about 1 million visitors during winter months when snowbirds are drawn to gem shows, craft events and swap meets.
The political furor is complicated by allegations of election fraud in a mayoral vote that tallied just 706 ballots.
Town Manager Alex Taft announced during this week's council meeting that 168 votes are under investigation.
Cowell said she and other incumbents believe "something is not right" because about 300 new voters registered before the election, including some staying on federal lands.
"We have proof that there were (three) people who were dead who voted," she added.
Cowell was unable to identify the investigator hired by the town or give details on how the person was selected or how much he or she is being paid.
"I'm not privy to that. It's not my business," she said.
Cowell said she understands that Quartzsite's code banning municipal debtors from office may be challenged in court.
"If it finds out we are wrong, then we'll seat him," she said. "From my heart, I know we have not done anything illegal."
Likewise, Cowell said, she will be replaced on the council if a judge rules that Orgeron resides in Quartzsite. However, she noted, "I am still in that position right now."

Monday, June 11, 2012

Martin Brannan to be charged with assaulting Mayor Lizarraga?

A couple of quick phone calls have confirmed that a Sheriff's investigation into the May 22nd assault on outgoing Mayor Jose Lizarraga by Quartzsite Town Attorney Martin Brannan has resulted in a criminal charge.


La Paz County Prosecutor Sam Vederman told Parkerliveonline,
“As Mr. Brannan was my former supervisor when he was the La Paz County Attorney, and because I defeated him in the 2008 Republican Primary election for La Paz County Attorney, I decided it would be proper to declare a conflict and request that another prosecuting agency review and potentially prosecute the case.”

Via email, Vederman told the Desert Freedom Press  "The City of Phoenix Prosecutor's Office accepted the case. I do not believe there is a warrant for his arrest."

The Phoenix Prosecutor's office has confirmed that the case is in their system.


See also:
http://www.facebook.com/notes/supporters-of-mayor-ed-foster-of-quartzsite-arizona/update-regarding-altercation-between-town-attorney-martin-brannan-and-mayor-jose/297857896970400

Tuesday, June 5, 2012

County Attorney Vederman reviews Council actions

                                                              PRESS RELEASE
                       SAM VEDERMAN ADDRESSES THE JUNE 4, 2012
         SPECIAL MEETING OF THE QUARTZSITE COMMON COUNCIL
         On Monday, June 4, 2012, the Town of Quartzsite Common Council held a Special Meeting to approve the canvass of the May 15, 2012 runoff election and judge the qualifications of Mayor-Elect Ed Foster, Council Member-Elect Mark Orgeron and Council Member-Elect Patricia Workman.
The Common Council judged Ed Foster and Mark Orgeron to be unqualified to hold office and judged Patricia Workman qualified to hold office. 
This office is currently reviewing the action taken by the Common Council at the Special Meeting.        
I ask that all citizens remain calm and engage in respectful discourse while the review process occurs. 
The results of the May 15, 2012 runoff election are as follows:
Mayor  - Ed Foster received 401 votes (56.32%) and Jerry Lukkasson received 305 votes (42.84%).   
Council Member - Mark Orgeron received 398 votes (29.03%), Patricia Workman received 387 votes (28.23%), Barbara Cowell received 305 votes (22.25%) and Joe Winslow received 264 votes (19.26%).

Thursday, May 24, 2012

Audio and transcript - Outgoing mayor assaulted by town attorney?

http://www.ci.quartzsite.az.us/Support%20Docs/Council_meeting_minutes/2012%20Council%20Minutes/Audio/MEETINGCOMPUTER_20120522-0859_01cd37f93a3ea1e0.wma

http://youtu.be/​UKFZjs58I_w

02:35 Mayor Lizarraga
 “Hey, hey, hey, nothing please. Please be respectful, courteous, I’m sorry for wasting your time.

02:36   Cowell
“He can’t do that”

02:40 Martin Brannan to Mayor Lizarraga
 “I’ll be reporting this to the AG, Mr. Mayor.”

02:42 Councilman Jewitt(*at 2:48 in video)
 “Point of Order”

2:44 Brannan (continues) to Mayor Lizarraga
(*at 2:50 in video)
 “That you’re fined.”

2:46 Lizarraga to Martin Brannan
(*at 2:56 in video)
 “That’s fine. You want to arrest me now, Martin?”

2:47    Jewitt
(chuckling)

At 2:53 in audio. Brannan has followed Lizarraga to a backroom though doorway seen in right upper corner of below image, Taft is facing toward the open door of backroom. Joe Winslow (seated just to right of flag in the image) is turned toward open door through which Brannan has just followed Lizarraga.

(Unknown person)
"What the hell?"
Councilman Winslow(?)
"What the?"

02:54 Vice Mayor Cowell (referencing the Mayor’s adjourning of the meeting)
 “He can’t do that. He can’t do that. I will tell everybody he’s not allowed to do that.”

02:59 Mayor Lizarraga’s voice picked up on the audio
 “…touch me!”

03:00 to 03:09 Mayor Lizarraga’s voice
 “He came up and he pushed me, he pushed me ______ (Unintelligible).
Joe!”

03:09 Councilman Winslow
 “What?”

03:10 Mayor Lizarraga’s voice
 “Did you see it? Did you see him push me? “

03:12 Councilman Winslow
 “Uh,  yes I did, it was..”

03:25 End of audio

Wednesday, May 23, 2012

Quartzsite Council refuses to accept defeat

FOR IMMEDIATE RELEASE
Tuesday, May 22, 2012
The phrase "poor sport" doesn't do justice to controversial Quartzsite Town Attorney Martin Brannan. Beginning 49 seconds into the video: http://www.youtube.com/watch?v=pbsEGP8ku0g outgoing Mayor Jose Lizarraga states "On Friday, I asked Alex Taft to put a couple of things on the agenda. These items were not put on the agenda and I feel this that they are detrimental to some decisions that need to be made today. Um, I 'm asking for a special meeting tomorrow at 1 o'clock with these items on this, placed on the agenda. They were canvas of the vote, swearing in of new electoral officers. It's something that needs to happen, I believe prior to making any decisions on today's meeting. With that being the case, this meeting is adjourned.
This can be heard clearly from another camera at: http://www.youtube.com/watch?v=UKFZjs58I_w
Then, at 1:47 on the first video, as Mayor elect Ed Foster stands to leave, Brannan can be seen to the right of Foster's head running after Lizarraga. At 1:54, Lizarraga exits the side room and aggitatedly points to the police officer and then to Brannan who is still inside. Lizarraga repeadly gestures with his head and finger and a Quartzsite Police Officer and Town Manager Alexandra Taft enter. Within a few minutes, a member of the La Paz County Sheriff's Office arrives, and enters the back room.
According to witnesses, Taft and Gilbert were overheard telling the sitting mayor "it wasn't really an assault" but locals who listen to the police scanner disagree. It has been reported that Mayor Lizarraga called for a sheriff because QPD refused to take the report, and the responding Sheriff told town resident Dean Taylor "It's under investigation." on his way back to his patrol car. Why Brannan was not arrested is unclear.
After illegal quorums in the back room with the town manager, town attorney, and even former councilman Jerry Lukkasson, the Vice Mayor called a meeting to order and conducted the scheduled business of appointing someone to fill Councilman Lukasson's vacated seat and renew the town managers contract early, with "amendments" that may include a severance package increase.
Mayor Lizarraga (who is also the town's fire captain) had declined to run for his seat in the spring election, after stepping down from the council to run against then Mayor Ed Foster. Foster had been recalled due to a concerted effort by Councilman Jerry Lukkasson and his supporters. Foster beat Lizarraga at the polls, but when the mail in ballots were added to the totals, the August recall election went to Lizarraga by a margin of 57 votes. Then in November, Lukkasson stepped down to run for mayor, but Foster defeated him in the March Primary Election by a 70 vote margin. However Foster fell a few votes short of the 50% + 1 vote required to avoid a run-off. In the May 15th General Election it wasn't even close with Lukkasson losing by 97 votes. Challengers Mark Orgeron and Patricia Workman defeated incumbents Joe Winslow and Vice Mayor Barbara Cowell by a similar margin.
Now, incumbents and town staff are doing everything in their power to keep the duly elected candidates from taking their seats. At Wednesday's special meeting to canvass the vote, only Mayor Lizarraga and one other member of the council showed up. No action could be taken or certificates of election could be issued due to a lack of Quorum. Say tuned. Anything can happen in Quartzsite, and it usually does.

Monday, May 21, 2012

ALL BALLOTS COUNTED



http://results.enr.clarityelections.com/AZ/La_Paz/39454/82334/en/summary.html
Notice something MISSING from tomorrow's agenda?
http://www.ci.quartzsite.az.us/Support%20Docs/Council_NTS_AGD/2012/052212%20Council%20Notc%20&%20Agn.html
No canvass of the vote and no swearing in of the winners... but it does include appointing someone to the seat left vacant last year when Jerry Lukkasson stepped down to run for mayor, and a preemptive renewall of Town Manager Alex Taft's contract. So, if the contract renewal is up for a vote TOMORROW, then what contract did Jerry Lukkasson give to a group of men in lawyer suits that he told them was signed by Taft this afternoon?

Vol 2 issue 11
























Tuesday, May 15, 2012

Voters send clear message - incumbents ousted!


It wasn't even close. By a landslide, Quartzsite voters have said that they want change. Former Mayor Ed Foster beat former Councilman Jerry Lukkasson by 97 votes, with only 33 provisional ballots to be verified. This time around, Foster will no longer be the "Lone Ranger", unable to get a second to his motions. Challengers Mark Orgeron and Patricia Workman beat the  incumbents, Vice Mayor Barbara Cowell and Councilman Joe Winslow by a similar margin. 


Nobody expects them to go quietly however...


UNOFFICIAL RESULTS





Mayor

1 of 1 Precincts Reporting
    PercentVotes
FOSTER, ED (NP)
56.97%376
LUKKASSON, JERRY (NP)
42.27%279
Write-in (NP)
0.76%5
      660
Council Member

1 of 1 Precincts Reporting
    PercentVotes
COWELL, BARBARA A. (NP)
21.93%279
ORGERON, MARK (NP)
29.25%372
WINSLOW, JOE (NP)
19.18%244
WORKMAN, PATRICIA (NP)
28.62%364
Write-in (NP)
1.02%13
      1,272

Friday, April 27, 2012

Scholar's Academy sex scandal goes global

What happens in Quartzsite no longer stays in Quartzsite. After 16 year old Scholars Academy student Myranda Garber filmed her married principal making out with his married secretary/administrator and posted it to Youtube, news crews arrived in Quartzsite yesterday to interview parents and students. Within hours, the story was posted as far away as the U.K and Pakistan. 

 A meeting of the Scholars Academy Advisory Board was quickly convened wherein Principal Steve McClenning resigned and Administrator Billie "BJ" Madewell was fired, after an adjournment to executive session. However, that will not be effective until June 30th due to the need for continuity of service to the students for the remainder of the semester. Charter schools are private corporations and the Scholars Academy has such a small staff that it apparently cannot provide service without McClenning and Madewell.


At the urging of former Advisory Board Member Kevin Cushman, the Quartzsite Town Council tabled renewing the school's lease pending an unrelated appeal hearing before the Arizona Board for Charter Schools next month. They had denied a requested early renewal of the school's charter in January of this year.

\http://www.dailymail.co.uk/news/article-2135987/School-principal-quits-student-secretly-films-steamy-kiss-secretary-posts-footage-online.html?ito=feeds-newsxml

www.abc15.com/dpp/news/state/quartzsite-school-principal--secretary-resign-after-caught-making-out-during-class

http://now.msn.com/now/0428-principal-makeout.aspx

http://www.azfamily.com/news/Principal-loses-job-after-scandalous-kissing-video-surfaces-149167935.html

http://www.huffingtonpost.com/2012/04/27/arizona-principal-caught-in-make-out-session-fired_n_1459968.html

http://usnews.msnbc.msn.com/_news/2012/04/27/11431989-principal-secretary-lose-jobs-after-being-filmed-kissing-in-school?lite&ocid=todmsnbc11

http://www.dailytimes.com.pk/default.asp?page=2012\04\29\story_29-4-2012_pg9_4

http://omg.yahoo.com/video/yahoonewsvideo-15749570/principal-loses-job-after-scandalous-kissing-video-surfaces-29103562.html

Tuesday, April 24, 2012

Condolences go out to Randall's family. Thank you Todd for your observations on bullying.