Will Orgeron's reckless politics jeopardize his day job?

It's been rumored that Quartzsite's newest councilman bought into the Education Options charter school franchise, and the higher the enrollment, the more money he stands to make. But parents I've spoken to are quickly losing both faith and patience with the excessive amount of time he is spending on politics instead of focusing on educating their children.

If parents start pulling their children out of Ed Options, and the charter school goes under, there's likely no going back to the public school system for Mr. O. A rift was created with the school board before he resigned to become "head of school" for Ed Options.

As the neo cabal mechanations become more bizarre with each council meeting, one has to wonder if Orgeron actually has a future in Q Ville or should move back in with his wife in Yuma. Maybe Jerry Lukkasson will take him in!

It's official - Lizarraga is in!

Quartzsite Councilman Jose Lizarraga 

has turned in paperwork which declares him as a candidate to run against Ed Foster in the August recall election. He has until July 1st to change his mind and decide that his job with the Fire Dept. is more important than $400 a month to be Alex Taft's mouthpiece.

Three other potential candidates have pulled packets, but so far, none have turned anything in.

Lizarraga can expect a knock down drag out battle, in light of his abysmal voting record. Citizens are outraged at his recent votes in favor of firing respected Town Prosecutor Matt Newman and replacing him with Martin Brannan (who is under investigation by the state bar), raising their water and sewer rate fees, assert property rights over the "emergency airstrip", and as of last Tuesday's meeting, convening yet another "ad hoc" committee at taxpayer expense to censure the mayor and then walking off the podium when AZCOPS Vice President Stair attempted to address the council. Read the speech Lizarraga refused to hear at:
http://www.azcops.org/userfiles/JS%20Quartzsite%2006-14.pdf

Mayor Foster has published an excerpt from the police department policy manual which clearly shows that Lizarraga and the others are willfully violating town rules by hiring a "private investigator" instead of a law enforcement agency to look into the criminal charges against the police chief.  The mentality that the rules apply only to us, and not to members of the council or to staff has been enabled for far too long.

A video has been circulating around town, which clearly shows Lizarraga motioning the other council members to walk out of the meeting. We've already had a mayor, Steve Bennett, turn his back on the voters and abandon them. Do we need another?

Quartzsite prosecutor switch - more "special" council meetings

Friday, April 22nd, in a special meeting of the Quartzsite Town Council, Town prosecutor Matt Newman was "released" from his "prosecutorial duties"...

Then, on Friday, April 29th in another Special meeting of the town council, former La Paz County Prosecutor Martin Brannan was hired to replace Newman amidst a firestorm of controversy.

http://www.dailyprosecutor.com/archives/6415 

http://www.parkerliveonline.com/?s=brannan 

http://www.azcentral.com/news/articles/2011/03/08/20110308apache-county-attorney0309.html 

http://qtown.us/blog/2011/04/28/brannan-has-long-record-with-az-bar/ 

http://qtown.us/blog/2011/04/27/admitted-murderer-freed-%E2%80%93-quartzsite-next/ 

The item was placed on the agenda by town mismanager Alex Taft, and was not open for public discussion. All members of council voted to approve Brannan, except Mayor Ed Foster, who voted in opposition.

Al Johnson promoted to assistant town manager?

Rumors have been circulating for weeks that "Building Official" Al Johnson was being groomed by Town misManager Alex Taft as her eventual replacement. Now, it appears those rumors are true.

It has not gone unnoticed, that the Quartzsite building official has been introducing himself as "director of planning and zoning", a title not listed on his business cards, the town website,  nor approved by council in open meeting. Now, it appears Al Johnson has received yet another promotion without advertising for the open position or a Request for Qualifications (RFQ) and without public approval by the town council.

On Friday, Mayor Ed Foster received an open records request that had been denied, even though the Office of the AZ Attorney General has previously informed the town that the public can have that information. Whose signature authorized this denial of public information? Why Al Johnson, of course! Something he would only have the authority to sign off on if he had been promoted to a different position.

Maybe, Johnson/Taft denied the request for current payroll because it would show that Johnson is receiving an increase or change in payroll status. Building Official is an employee without a contract, but Taft's position as Town Manager is a salary under contract.  Something here smells fishier than the dumpster behind a tuna processing plant!

DFP publisher Jones arrested after suing for police harassment!

Tuesday night's public meeting with the BLM and SolarReserve was crowded, informative, and constantly disrupted by the Quartzsite Police. 

Apparently, on her way into the meeting, Mrs. Jones was approached by QPD Sgt. Xavier Frausto (husband of the town magistrate) who wanted her to sign a citation for "simulating legal process".

A. R.S. § 13-2814

A. A person commits simulating legal process if such person knowingly sends or delivers to another any document falsely purporting to be an order or other document that simulates civil or criminal process.

B. Simulating legal process is a class 2 misdemeanor. 

Ms. Jones walked past Sgt. Frausto, and into Quartzsite Town Hall. When Jones refused to sign the citation in front of a crowded room of witnesses, Frausto reportedly tried to hand her the citation to which Jones responded "I'm not interested in anything that comes from you" and she took a seat. Quartzsite police approached her husband John with a citation for the same offense. Sgt. Frausto told him if he refused, the citation would be sent in the mail.

Witnesses report that Mrs. Jones got up from her seat in the second row and walked to where her husband was sitting in the back of the room. From halfway across the room and as she passed the rows of chairs, Jones gave "the finger" to Starr Bearcat, whom she believed had been actively filming the interaction between Quartzsite Police and the Jones', and who previously posted numerous false comments and defamatory videos about them on 

http://www.youtube.com/user/QWatchingEyes

Mrs. Jones spoke briefly with her husband and sat back down in her seat.

As the meeting began, John  was approached by QPD Officer Herlen Yeomans. Yeomans told John that if he refused to sign, he had been instructed by the sergeant to arrest him. John reports that he then asked to see the law he had allegedly broken, but when he followed Yeomans outside he was handcuffed.

Frausto and Yeomans escorted Jones to the unmarked black QPD SUV. Discussion ensued between the three, and Yeomans asked Frausto if Jones could sign the citation. Jones informed the officers that his wife had filed a lawsuit against Police Chief Jeff Gilbert, Town Manager Alexandra Taft, and the incorporated town for police harassment days earlier, and that Taft had been served several hours before the meeting. Jones was released, he signed the citation, and did not return to the meeting.

During the meeting, QPD officers brought Mrs. Jones her husbands wallet, and repeatedly tried to lure her outside to speak with her husband "before he went to jail" but she refused to speak, or leave with them. 

When the meeting ended, Mrs. Jones tried unsuccessfully to reach her attorney by phone. She then handed her belongings to Mayor Ed Foster and told him "Don't bail me out". 

Reportedly, as Jones tried to leave the room, she was handcuffed by Quartzsite Police Chief Jeff Gilbert, who had arrived on the scene and was blocking her exit. When she asked what she was under arrest for, Gilbert responded "I'll tell you later". Jones called out to the crowd "Hey everybody! These fine gentleman are refusing to tell me what I'm under arrest for!" She then asked Gilbert "Does this have anything to do with the lawsuit I served on you earlier today?" He responded "You didn't serve me." and Jones informed him "I served the town." She was then escorted through town offices to a cell in the back of town hall before being transferred to the La Paz County jail.

The next day, Mrs. Jones, who has no prior convictions, was released on her own recognizance by Judge Michael Newman.

The Jones case in County Superior Court is # CV201100065

and claims damages for "harassment and intentional infliction of emotional distress".

Duh! Do you think?

Quartzsite Solar Energy Project meeting is this Tuesday night!

Be there:  6-8 pm

April 19, at the Quartzsite Town Hall, 465 N. Plymouth Ave

http://www.blm.gov/az/st/en/prog/energy/solar/quartzsite_solar_energy.html

Proposed Project

Quartzsite Solar Energy proposes to construct a 100-megawatt solar-powered electrical generation facility in La Paz County, Arizona. The project is proposed for an area about 10 miles north of Quartzsite and adjacent to Arizona State Route 95. The generation plant, power line and ancillary facilities would be on BLM-administered land.

The proposed project would use concentrating solar “power tower” technology to capture the sun’s heat to make steam, which would power traditional steam turbine generators.
The solar power facility would include a 653-foot tower, which would be the receiver of energy reflected from solar fields. The solar fields are made up of heliostats, which are a collection of mirrors. The project would also include a thermal energy storage system.
The lead federal agency dealing with the Quartzsite Solar Energy application is the Western Area Power Authority (WAPA). The BLM is a cooperating agency.

WAPA is preparing an environmental impact statement (EIS) on the application. WAPA will review the potential environmental impacts of constructing, operating, and maintaining the proposed project. Information on the project  is available from WAPA.
Comments on the project can be sent to:

Bill Werner

Western Area Power Administration

Desert Southwest Region

P.O. Box 6457

615 S. 43^rd Avenue

Phoenix, AZ 85005

Telephone: (602) 605-2525

Fax: (602) 605-2630

E-mail: quartzsitesolarEIS@wapa.gov

http://www.wapa.gov/transmission/quartzsitesolar.htm 

ping report available The Quartzsite Solar Energy Project EIS Scoping Summary Report is now available. The report summarizes the scoping process for the Quartzsite Solar Energy Project and includes materials presented to the public during scoping and a summary of the comments received.
Scoping report (413 kb pdf)
Appendix A - Announcements (2.8 MB pdf)
Appendix B - Public Scoping Meeting Materials (4.1 MB pdf)
Appendix C - Agency Coordination and Consultation (664 kb pdf)

Scoping materials

Scoping meeting display boards (1.3 MB pdf)
Scoping meeting presentation (630 kb pdf)
Comment form - online
Newsletter - January 2010
Scoping meeting announcement poster (600 kb pdf)
Scoping meeting advertisement (151 kb pdf)
Scoping meeting news release - January 21, 2010
Project area map

Project updates

Notice of intent to prepare an environmental impact statement (56 kb pdf)
EIS determination

Contact information

Ms. Mary Barger
NEPA Document Manager
Western Area Power Administration
P.O. Box 6457
Phoenix, AZ  85005-6457
Fax: 602-605-2630
E-mail: quartzsitesolarEIS@wapa.gov

 
From the Yuma Sun opinion section:


SOLAR ENERGY DESTROYS AREAS

April 14, 2011 6:31 PM

An article in the Yuma Sun on April 2 reported that Bureau of Land Management is considering amending the land use plan for a large area north of Quartzsite. Quartzsite Solar Energy LLC has applied for a right of way to construct a facility covering approximately 1,450 acres with mirrors that will reflect to a 654-foot tower.

Currently the area is designated as “Visual Resource Management Class III.” This designation indicates that change to the landscape in the area should only be moderate. But 1,450 acres of mirrors and a 654-foot tower could hardly be considered moderate.

There are already three solar projects under construction between Dateland and Gila Bend. A large ranch in the Chino Valley area has closed its gates, causing Arizona Game and Fish to close the 19B Wildlife Management area to hunting in the late summer and fall. Part of the ranch is state trust land.

These solar projects cover thousands of acres of wildlife habitat and open spaces. Wildlife travel corridors to feed and water are being disrupted. Sportsmen and recreationists are being forced to go elsewhere.

What do Arizona and the local communities get out of all of this? Not much. Maybe a little cash for leases and taxes. There has been no indication that a single watt of energy will be provided to customers in Arizona. The indications are that all of the power will go to California.

If California has such a great need for energy, let them destroy the habitat within their own borders.

BLM will hold two public meetings: one in Yuma from 6-8 p.m., April 18, at the Yuma BLM Field Office, 2555 E. Gila Ridge Road, and one in Quartzsite from 6-8 p.m., April 19, at the Quartzsite Town Hall, 465 N. Plymouth Ave. If you value the outdoors, be there and voice your opinion.

George Reiners

Yuma

Desert Messenger photographer files false charges againt candidate!

A "bearcat" or binturong is basically a big angry weasel.

http://en.wikipedia.org/wiki/Binturong

Besides being the photographer for the local tabloid "Desert Messenger" who, or for that matter what Starr Bearcat is...well that's still anybody's guess.
Who or what he/she was before changing his/her name to Starr Bearcat is a mystery. What is Bearcat's real name? Did Bearcat really serve on a navy ship? Why did  Bearcat refuse to clear up the gender question under oath last fall in the La Paz County Justice Court, even after Judge Newman repeatedly referred to "that man as Ms. Bearcat"? Was Bearcat a felon? Was Bearcat a child molester? Was Bearcat a sexual predator? Was Bearcat a drug dealer, armed robber, arsonist or maybe even the person who sent the Quartzsite mayor a death threat? If you know any information about Mr./Ms. Bearcat, please contact the FBI in Phoenix or post it here as a comment. And by the way, who was Shananna "Rain" Goldenbear before she had to change her name and leave Oregon for a fresh start. Do they have a history of trouble before landing in Quartzsite? Inquiring minds want to know!

What is known is Bearcat's close relationship with Police Chief Jeff Gilbert. Bearcat has written several statements supporting investigations conducted by Gilbert and the QPD. Bearcat appears to have access to information that should be privileged, or available only to someone with access to restricted databases, like the chief.

The following letter was reportedly sent to several sources, including La Paz County Prosecutor Sam Vederman and QPD imperious leader Jeff Gilbert:

Statement RE: Case # 11-00164

Dear Mr. Vederman,

On February 16^th, 2011, Sgt. Xavier Frausto initiated an investigation against me because of a sworn statement made by Starr Bearcat, photographer for The Desert Messenger. This is the second violation of A.R.S. 13-2907.01 (two false statements) made by Starr Bearcat to the QPD against me in the last six months. Please refer to the criminal complaint filed against Starr Bearcat and Shanana “Rain” Goldenbear with La Paz County Sheriff Lucas, case #101000713 on October 28^th, 2010.

Bearcat’s statement references a prior conversation and accuses me of claiming to not pay taxes because it was unconstitutional. Not only is this hearsay, but also I have never discussed my personal financial disposition with Starr Bearcat. However, now that I am lawfully running for office, I am open to public scrutiny and I will therefore openly admit that I live below the poverty level, but in America, even the poor can run for public office.

Bearcat claims that I “refuse to abide by the Town’s laws and ordinances” because I am “operating three businesses without licenses”. This is also false and completely unsubstantiated. I hold a valid town vendor permit for “pet grooming and pet sitting” DBA “A Fur Salon”. No other license has been proven to be required and I have never been fined for operating any business in Quartzsite without a license, ever. This is either my tenth or eleventh season as a seasonal service business vendor in Quartzsite.

Further, Bearcat states that I have been given an eviction notice “for violating the zoning laws”. Also, completely untrue. I have never been convicted of violating any Quartzsite, La Paz County, Arizona, or Federal law.

I leased the back lot of J & S Covers for the 2010-2011 season from property owner Jim Aaron in June of 2010 when I groomed his ShihTzu “Rio”, shortly before my previous vendor permit at “Greasewood” expired on June 30^th, 2010. “Greasewood” is a mobile home park doing business as a swap meet. It is on record in the La Paz County Justice Court, Quartzsite Division, that I leased part of that property, after I became a resident of Quartzsite. As near as can be documented, my residency commenced on 10-6-09, although it may actually have been the end of September ‘09. At that time, I did not realize the subsequent length of my stay would eventually require me to declare Arizona residency.

Although I had been residing in Quartzsite for about six months out of the year, over the past six or seven years, I was not even aware that I had actually become a resident of Quartzsite, until the late spring of 2010. When Quartzsite Police Chief Jeff Gilbert and Town Manager Alex Taft initiated an investigation into the residency of then candidates Chaunce Hamilton and Russell Sias I had the opportunity to view documents related to that investigation, provided to Mr. Sias by your office. I then did an internet search and found information which stated something to the effect that I needed to have an identification from the MVD if I had been in Arizona for 7 months during any calendar year. Because my stay in AZ was no longer “temporary” or “transitory” and because as of June I intended to be “domiciled” in Quartzsite for more than 7 months of the 2010 calendar year, I acquired an Arizona ID at my first available opportunity, on June 1^st, 2010.

On the MVD application, there is a box you can check which states, “Are you a United States citizen who wished to register to vote or update your existing voter registration?” So I did.

On June 8^th, 2010, I served the Town of Quartzsite with a legal Notice of Claim resulting from Police Chief Jeff Gilbert’s assault on my husband and subsequent harassment by his officers under Duty Sergeant Xavier Frausto. Upon the advice of my attorney, I did not make a public appearance in Quartzsite for several weeks, until the time for their legal opportunity to respond had expired.

Over the summer, outraged citizens recalled the council members I am currently pursuing a civil claim against. My friends asked if I would consider running for town council. I told them that I would, if I was eligible. I surrendered my old driver’s license to the MVD on 10-28-10 , and filed to run 1-6-11.

If the investigating officer, Sergeant Xavier Frausto had done his “due diligence”, he would have discovered the fact that I have never registered to vote in Oklahoma or filed a state tax return as a resident of Oklahoma, or even operated any business in the state of Oklahoma, ever. I have not “re-established residency in Oklahoma” as he asserts in his report. Rather, I relinquished all ties to a part time vacation address, where I used to be a summer caretaker.

I believe that all statements sworn to on my Arizona Nonpartisan Nomination Paper Affidavit of Qualification are factually true and were true when I swore to them. I am now, and have been for at least one year prior to the election, a resident of Quartzsite, Arizona. Based on the evidence, no reasonable person would have cause to believe otherwise.

Additionally, because these false allegations involve an election issue, the complaint by Starr Bearcat should have been immediately turned over to La Paz County for investigation. The Quartzsite Police Department was not the proper investigative authority and a serious conflict of interest exists due to ongoing civil and criminal matters between my husband and I, and the QPD that have not been yet been resolved.

If you intend to pursue this matter further, convene a grand jury and get a warrant this time.

Sincerely,

Jennifer Jones


It appears that Vederman may have actually convened a grand jury today and QPD Sergeant Xavier Frausto may have testified, but nobody at the county will disclose whether or not candidate Jones case was heard. Speculation is that incumbents are desperate to discredit yet another qualified and popular challenger and these underhanded tactics only serve to prove that the current council can't possibly win if they play fair and just stick to the facts.

La Paz County funds frozen for non payment of judgement!

Although all three La Paz County Supervisors were elected on their pledge to negotiate a settlement with Jim Willet and Yakima Company, and despite Dan Fields being hired as County Administrator for the same purpose, stalled negotiations and appeals of a jury settlement have resulted in a writ of attachment against approx. $10.9 million in public funds supervised by the County.

Former Quartzsite Town Manager/Town Attorney, now County Administrator feigned shock and surprise at this standard legal tactic, calling Willet "foolhardy" and "unethical" (looked in the mirror lately Danny boy?). Fields had previously laughed off Willet's attempts at negotiation claiming "you cant get blood out of a turnip".

The Appeals Court issued a mandate to the La Paz Superior Court on January 21st 2011

http://apps.supremecourt.az.gov/aacc/appella/1CA%5CCV%5CCV080759.PDF 

 With no settlement in sight and the Supervisors approving to hire yet another law firm at the Jan. meeting, the writ means that the attached funds cannot be used by the State, Special Districts, Public Works or any of the other entities to whom it is being held for, essentially putting all of the county services and employees at the mercy of the Supervisors greed, arrogance and stupidity. Naturally, they are trying to shift the blame for this financial crisis to Willet, who saw his life's work go down the toilet and just wants what he's owed. 

An emergency meeting concerning the Freeze on County Funds has been called for Thursday 2/3/11 at 1:30pm. The location of the hearing is the La Paz County Superior Court Room.

Quartzsite's rats leave the sinking council meeting

 

Just when you think you've seen it all, the Quartzsite Town Council still pulls off a surprise. Everyone managed to get through Pat Anderson's phony spiel about the peaceful passing of Rosalee Oldham Wheeler "in her sleep" (I guess nobody told her about the blood on the pillow or the requested autopsy), they survived Rain's endless diatribe about Centennial activities nobody cares about. They even made it through the carefully orchestrated attempt by Lukkason, Anderson and Winslow to get a dig in at Mayor Foster by adding their snide remarks that he should have recused himself from the executive session over the air strip battle to the official minutes of the last regular meeting. It almost seemed as if the meeting could be conducted by grown ups. But it only took about two minutes for the whole thing to disintegrate into  preschool without nap time.

At "call to the public", current Candidate for Town Council Jennifer Jones informed our illustrious leaders that Police Chief Jeff Gilbert had violated Arizona Revised Statute 41-772 and Article 2, section 202 of the town employees policies and procedures manual by comparing candidate Jones and Michael Roth (the Republican Party Chairman for La Paz County) to Tucson  gunman Jared Lee Loughner during "reports and anouncements" at the previous meeting. "Politicking" on public time is a no no!

A class 1 misdemeanor, A. R. S. 41-772 states:

  "an employee shall not engage in any activity permitted by this section while on duty, while in uniform or at public expense. "

and 

"An employee who violates any of the provisions of this section shall be subject to suspension of not less than thirty days or dismissal."

When Jones asked that Chief Gilbert be placed on administrative leave until the March 8th recall election to assist him in his apparent aspirations as wannabe pundit alongside Skip Gallup, the members of the town council came unglued. "Point of order!" "That's a personal attack!" Then Councilman Bob Kelley stormed out of the room with Councilman Jerry Lukkason close behind. Finally, Councilman Winslow has a tantrum and went to join the other rats in the back room. Because Vice Mayor Barbara Cowell was absent, this meant no quorum was present , forcing an abrupt end to the meeting which left citizens stunned and the Police Chief noticeably deprived of the opportunity to pontificate endlessly while his boot lickers gaze adoringly. For once, it seems as if a citizen almost had the last word.

zoning revision proposed after "illegal" businesses exposed - be there Tuesday night at 7pm!

Merry Christmas to Quartzsite property owners!

Only three days after the following story about "illegal businesses made front page of the new DESERT FREEDOM PRESS, "Building Official" Al Johnson has submitted a replacement for several sections of the town zoning ordinance! Coincidence?

In addition to potential approval of a new vendor board where the only plausible members are Councilman Lukkasson's wife Michelle, Skip Gallup, Violet Kiss, and two of their most easily influenced friends, the agenda for the regular meeting of the Town Council includes the following items:

item 3 - repealing and replacing article IV "Establishment of Zoning Districts,  Zoning Map and Interpretation of District Boundaries"

item 4 - repealing and replacing Article V "Uses permitted in each Zoning District and Additional Requirements and Clarifications for Uses Permitted in each Zoning District"

item 5 - repealing and replacing article VI entitled "Density Schedule and Additional Requirements"

and Item 6 repealing and replacing article XI "Recreation Vehicle Parks" 

From The DESERT FREEDOM PRESS

"Illegal" Businesses revealed!

    A recent open records request from Quartzsite Town hall has revealed that Dr. John Hadlock’s “Animal Clinic of Quartzsite” and all but one of the town’s pet grooming businesses are operating in violation of the town’s zoning ordinance.
    According to Zoning Article 5, “Uses Permitted in Each Zoning District”, paragraph 15 section CC “veterinary clinic including kennels and boarding” must be located in areas zoned for “light industrial”.  They may also be located in areas zoned for heavy industrial.
    Ironically, a quick check of the town website shows that the only parcel of “light industrial” in Quartzsite is Town Hall itself, according to the General Plan “existing zoning map”.
    The problem is, that under Zoning Article 3, section 2 paragraph 38, “kennel” is defined as “an establishment housing dogs, cats or other household pets and where grooming, breeding, training, raising, caring for or selling of animals is conducted as a business or pleasure and whether or not for profit.” Ok, now read that again slowly and think about how it might apply to you or someone you know. There is no separate definition for Veterinary clinic or veterinary hospital.
    Most Quartzsite businesses are located in “C2” commercial zoning areas, defined under paragraph 11 as “business uses serving the daily needs of the immediate neighborhood as well as community level needs”. Logically, this is where you would expect to find pet service businesses such as grooming, pet sitting and veterinarians.
    However, logic appears to have little to do with the constraints of the current zoning ordinance, or the man in charge of enforcing it. As defined under paragraph 15, “Light industrial” is primarily for “scientific research, manufacturing, compounding, assembling, processing…” and in Quartzsite this includes “bakery”, “commercial laundry”, “furniture upholstering”, “builders supply yard”, and “auction yard” among others.
    “Cindy’s Small Dog Grooming” is the only pet service business located in a residential neighborhood, and was granted a conditional use permit in 2006. However, according to the specific terms of the permit “Cindy’s” may not service more than three dogs a day, or they too will be in violation.
    Unfortunately for the town, “Building Official” Al Johnson does not seem capable of reading and understanding the ordinance he’s supposed to enforce. Johnson told both “Animal House” and “A Fur Salon” that they could groom, but no longer board animals, although both seasonal businesses have done boarding for years and have valid vendor permits.
    And that permit just may be the loophole that overrules Al Johnson and his suddenly zealous and seemingly arbitrary enforcement. Zoning Article 1, section 6 paragraph 2 states “This ordinance is not intended to interfere with any existing ordinance of the Town of Quartzsite” and Chapter 8 of the Town Code ‘business regulations“ may or may not be controlling, pending formal judicial review.
    Will it go that far? Maybe. Al Johnson cited the property owners where “A Fur Salon” is located and a legal protest was filed in response, and served on the Town November 23rd. “Animal House” has ceased boarding pets and may be able to sue for damages.
    It’s “business as usual” for the veterinary clinic and other pet grooming services. They are all currently operating without a conditional use permit, even though “Hollywood Pets” is located at an RV park owned by Town Councilman Jerry Lukkasson and his wife Michelle– who should definitely know better.

    On the web:

www.ci.quartzsite.az.us/planning-zoning/zoning-ordinance

The DESERT FREEDOM PRESS newspaper hits Quartzsite!

"The DESERT FREEDOM PRESS - Local news you can actually use. Serving Quartzsite and La Paz County".

The town is buzzing!

As promised earlier this year, a new local newspaper made it's debut yesterday! Reportedly, thousands of copies have been circulated around La Paz County and reviews have been quite positive! Aside from a couple of formatting errors, the "premier edition" is off to a great start. Of note is the column written by Quartzsite Mayor Ed Foster, who had previously declined an offer to write for that other free publication apparently sponsored by his possibly brain damaged critics.

Those wishing to submit an ad or write a letter to the editor may mail it to:

Desert Freedom Press
PO box 542
Ehrenburg, AZ 85334

thedesertfreedompress@yahoo.com

Ask for the current issue at the following locations:

Quartzsite
The Big Market
Quartzsite Bakery
The Grubstake
Mountain Quail Cafe
The Gamblers
Flash Jordan Taxi
Crawford's Trailer Park
A Fur Salon
Trina's Burgers
Casa Del Sol RV Park
Western Wall Art & Discount Grocery (Rice Ranch)
Val-U-Gem (Prospector's Panorama)
Three Sister's Kettle Corn (Quartzsite Marketplace)
Shell Gas Station
Taco Mio
Todd's Computer Repair (Hi Ali)
White Buffalo Sage Emporium (Quartzsite Showgrounds)
Gold Miser
JJ's RV Parts

Parker
BEST Grooming
Coaches Corner family restaurant
Crozz Bonez

Ehrenburg
River Lagoon laundromat and mini mart


Salome
Salome Cafe

La Paz County Prosecutor Sam Vederman loses another...

Well, they say good help is hard to find. That's especially true if you are La Paz County Prosecutor Sam Vederman. This morning, at the pre trial conference for the Michael Roth "waste of tax dollars - round two", prosecutor Matt Elias announced his resignation from the La Paz County Prosecutor's office. 

It is unknown at this time if Sammy "the Bull-y" will personally see Roth's persecution, er, I mean prosecution for resisting Police Chief Gilbert's assault, er, I mean arrest through to a conclusion, or if Vederman will force yet another subordinate to do his dirty work.

Matt Elias' resignation follows those of Jessica Quickle and Tomas Jones. In a recent interview, Elias confided that he was "ordered" to take the Roth case and was not at all pleased at being the subject of Vederman's press release and subsequently,  the topic of lively internet discussion. 

Reportedly, Mike Roth shook hands with Matt Elias and wished him well. 

Taxpayers foot bill for political persecution by Town Council and Police Chief

At the QIA "town  meeting" where 5 members of the Quartzsite Town Council held an illegal quorum  with several Town employees in attendance, it was revealed that the "ad hoc" attack on popular Mayor Ed Foster cost "$13,000" in legal fees alone. 

Yesterday, local patriot and critic of incumbent council members Mike Roth was sentenced to one year unsupervised probation for "disrupting a public meeting" that was actually in recess (but the jury wasn't properly instructed of that fact). The lower court had previously dismissed the charges "in the interest of justice" but somehow Quartzsite Police Chief Jeff Gilbert managed to convene a grand jury to try Roth in Superior Court. Roth is appealing the conviction and the jury was hung on the charge of "resisting arrest", which has been moved back to the lower court. Estimated cost so far is somewhere between $10,000 and 15,000 and climbing. 

When questioned about the sentencing,  Roth stated "If the good people of Quartzsite would like to really see justice served, disband the Quartzsite Police Department and elect a Constitutional Town Council that has the courage to fire Chief of Police Jeff Gilbert. The day will come when it will be revealed that this was nothing more than a sad attempt by an out of control police chief, and Town Council, at silencing someone who is merely questioning authority. Time to wake up people, this isn’t your Grandparents America anymore!" For in depth discussion, see: http://www.parkerliveonline.com/2010/10/12/conviction-in-quartzsite-council-disruption-case/#comments

Legal fees for Town Attorney Pam Walsma are so far over budget for the fiscal year that it is not unrealistic to predict her bills will eat up most, if not all of the monies in the general fund. Yet, the Town Council  just can't seem to stop themselves from digging a financial hole from which the town may not escape.

Last year, Mr Felton, owner of B10 campground on the west end of Main St.  protested action by then Mayor Wes Huntley and our current council. His attorney stated something to the effect "if you do this, we will sue". And sue they did. Currently, the case has been docketed for the Arizona Supreme Court.

A local businessman reached an out of court settlement for "police harassment" over the summer, but it was kept quiet.,

If Quartzsite loses it's insurance, it cannot keep it's incorporation. Currently, the town is in the "high risk" pool because of previous claims and the Arizona League of Cities and Towns provides coverage. Who is in charge of that? Why Mr. Simms, the nice man that came to the training session and warned the police chief about taking it upon himself to arrest people at Town Council meetings..."You might get sued!"

And speaking of getting sued, recent arrests of current candidate Jennifer Jones and husband John,  well as former candidate Russell Sias leave open the potential for additional legal fees far in excess of what the town can afford, and the citation against the Jones' landlord by "Building Official" Al Johnson opened the door for "Proposition 207, the Arizona Property Protection Act". This makes the town liable for ALL of Jim and Stephanie Aaron's legal fees regarding the property at 645 N. Central commonly known as "J & S Covers".

Outspoken critic of town officials Jerry Wilcox reports that charges against him which resulted in his arrest and the towing of his vehicle were dropped today. He is investigating the possibility of filing a claim against the Town for damages as well.

Former Mayor Richard Oldham reports that the Town appears to have retained an outside legal firm in the prop 207/eminent domain action against him, over his property located west of the "Main Event" on Main St. Oldham received a letter from this firm a couple of weeks ago.

Councilwoman Pat Anderson puts foot in mouth over Parker, AZ libray.

If you were in attendance at the town meeting held this week at the QIA, then you might have heard Councilwoman Patricia Anderson's disparaging comments "you go to the public library in Parker, they don't have computers! They don't have near what we have here!". In truth, the library has 20 new computers. During the break, someone put a question in the basket asking Mrs. Anderson, why did you lie about the Parker library? When caught, all Anderson could say was "I stand corrected."

According to the Parker Pioneer,
http://www.parkerpioneer.net/articles/2010/12/02/news/parker12.txt
the library "has been praised by national library publications as  one of the best in the nation for it's size" and will be featured in an upcoming edition of Parade Magazine. The story relates "In November 2009, Library Journal Magazine ranked the Parker Public Library the seventh busiest in the nation for libraries of it's size. They also gave the Parker library a 'five star' rating, it's highest award."

The moral of this story? Don't believe most of what you hear from our current council just because they seduce you with free coffee and cookies!

MAYOR ED FOSTER - GOOD WILL AMBASSADOR FOR QUARTZSITE!

By David Rookhuyzen
Cronkite News

http://cronkitenewsonline.com/2010/11/with-recession-officially-over-quartzsites-vendors-ready-for-snowbirds/ 

QUARTZSITE – Every winter, vendors descend on this remote patch of western Arizona desert. Right behind is a flock of RVs filled with retirees looking for a warm winter and good deals.
For the past few years the selling and buying has been a little subdued because of the down economy. But Mayor Ed Foster said this year, with the Great Recession officially over, the town is seeing a reversal.
“All the early indicators are that we are ahead this season,” Foster said.
Roughly 400,000 winter visitors come to camp around Quartzite, and around a million will pass through to shop at its dozen swap meets, Foster said. By February, RVs will cover the desert for 10 miles in every direction – filled with customers for what’s billed as the world’s largest swap meet. So far this fall, street traffic, vendor and visitor permits and event attendance have been high – all positive signs for the winter to come, Foster said.
First-time vendor Jean Allen said she’s optimistic that snowbirds will flock here in even larger numbers this year, buying her booths art, decorative boxes and homemade hula hoops.
“It makes me nervous; I have no idea what to expect with the economy,” Allen said, “But we were going to come anyway.”
Before making the trip, Allen said she received advice saying that having a variety of products and the right pricing are key to good business at the swap meets.
Larry Muhlhauser, a vendor who has come to sell his wares every winter for a decade, said he expects a good season, but mainly from knowing what to provide cash-strapped customers rather than a rebounding economy.
Muhlhauser once sold gold but dropped it and gravitated toward lower-dollar items such as key chains and earrings because that’s where the market shifted.
“We have to reinvent ourselves as vendors and try to meet what they can afford,” he said.
Since the majority of his customers are retired vacationers, Muhlhauser said expensive and big-ticket items no longer sell. In past years, he said, vendors tried to sell imported stained glass and jukeboxes but had little success with people living out of their RVs, he said.
Muhlhauser said vendors will be fine even if this year’s crowd isn’t as large as hoped.
“It’s kind of a hit and miss – a dance,” he said, “You know, if you miss it this year, you look forward to next year.”
CRONKITE NEWS video - click here!

Third retribution arrest in 5 days? What are they thinking?

Clearly, they are not.

Saturday morning as he paid for his propane at RV Pit Stop the husband of Council Candidate and Quartzsite vendor Jennifer Jones, was also arrested for false reporting to law enforcement over the Al Johnson Assault.

Now here's a funny thought...The Jones' did call 911, and they did speak with QPD Officers Norris and Schultz, but they never signed a statement! Neither did the three witnesses. 

So what exactly did they report falsely? Who investigated the allegations? What evidence will be entered against them? Or was this simply an attempt by Police Chief Jeff Gilbert to get fingerprints and run a background check on an opposition candidate?

If so, then he must have been awfully disappointed to find that  the Jones' had nothing in their background that could be used against them in the upcoming campaign. 

And what ever happened to Al Johnson? He wasn't at Tuesday night's meeting.  

The arrests of Jennifer and John Jones were clearly illegal. State law for arrests for misdemeanor offenses do not provide for warrantless arrest unless a crime is witnessed "in progress" or  unless related to a traffic violation.

13-3812. Examination of complainant; issuance of summons or warrant of arrest

13-3854. Arrest without a warrant

13-3853. Arrest prior to requisition

13-3903 Notice to appear and complaint 

 

Two arrested at Town Council Meeting

Russell Sias, manager of Crawford's Trailer Park was arrested for serving Police Chief Jeff Gilbert with the notice of Federal Injunction mentioned in the previous post. Sias, did not actually touch Gilbert with his hands, he only touched him with the legal documents he was officially serving for Jennifer Jones and this video clearly shows that Chief Gilbert (in civilian clothes) knew what was taking place when he invited Sias to serve him. Russell Sias plead "not guilty" to simple assault" and was released on his own recognizance Wednesday.

Before the meeting even began, Jones herself was arrested for allegedly filing a false report http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/13/02907-01.htm&Title=13&DocType=ARS 

over the video taped criminal trespass, warrantless search and assault by the "Building Official" and obstructing Mr. Johnson's "government operations"http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/13/02402.htm&Title=13&DocType=ARS.Jennifer Jone's bail was posted by a friend, and delivered by Mayor Ed Foster, who gave her a ride home along with an apology for the actions which transpired.

This scenario reminds me of of when Constable Paul Staudt served former Mayor Huntley with an official Notice of Claim  back in June, and Huntley responded by shoving the Constable hard, with both hands right in front of Chief Gilbert who refused to arrest Huntley.This only proves yet again that QPD won't recognize an assault, unless they want to cry victim...and that they should really read what's in the manilla envelope, before they rush headlong to prove it true!

New Quartzite Police misconduct videos

 Quartzsite Police Officers Fabiola Garcia and Ruben Villafania are  speaking in Spanish on the job, at Town Hall right before Michael Roth's arrest for "disorderly conduct". This is the video feed directly from officer Garcia's badge camera, as submitted into evidence at Roth's trial.

Quartzsite police violate AZ Constitution - SPEAK SPANISH ON JOB - The best home videos are here

Arizona Constitution

Article XXVIII

ARTICLE XXVIII. ENGLISH AS THE OFFICIAL LANGUAGE

1. English as the official language; applicability

Section 1. (1) In this article, unless the context otherwise requires:

1. "Government" includes all laws, public proceedings, rules, publications, orders,

actions, programs, policies, departments, boards, agencies, organizations and

instrumentalities of this state or political subdivisions of this state, as appropriate under the circumstances to a particular official action.

2. "Official action" includes the performance of any function or action on behalf of this state or a political subdivision of this state or required by state law that appears to present the views, position or imprimatur of the state or political subdivision or that binds or commits the state or political subdivision, but does not include:

(a) The teaching of or the encouragement of learning languages other than English.

(b) Actions required under the federal individuals with disabilities education act or other federal laws.

(c) Actions, documents or policies necessary for tourism, commerce or international trade.

(d) Actions or documents that protect the public health and safety, including law enforcement and emergency services.

3. Preserving and enhancing the role of the official language; right to use English

Section 3. A. Representatives of government in this state shall preserve, protect and enhance the role of English as the official language of the government of Arizona.

B. A person shall not be discriminated against or penalized in any way because the person uses or attempts to use English in public or private communication.

4. Official actions to be conducted in English

Section 4. Official actions shall be conducted in English.

 A phone call to the property owner confirmed that no authorization had been given for the Quartzsite Police to trespass at Crawford's Trailer Park and a criminal complaint is being drafted against Police Chief Jeff Gilbert as we speak!

And a late edition to the lineup is this video of Mayor Ed Foster enjoying Michael Roth's wash tub campfire, which warranted "a full response" from the Quartzsite Fire and Police Departments. QPD demanded entry, which was denied by Roth, who leases the property. Upon instruction by Police Chief Jeff Gilbert, Officer Yeomans of the QPD climbed atop the fire truck to photograph the inside of Roth's yard. When informed that photographing beyond "plain sight" had been ruled a Constitutional violation by the Supreme Court, Officer Yeomans immediately handed the camera to the fire fighter standing next to him, who continued with the illegal photography. In an interview with Quartzsite Constable Paul Staudt, Yeomans admitted he was just following Chief Gilbert's orders.

Quartzsite Vendors Under Attack!

Well, you had to see this coming...after the last minute "work session" when Mayor Foster was out of town, the new punitive proposals for this seasons incoming vendors was placed on tonight's agenda. Be there at 7:00 pm and see for yourselves what your Town Council thinks about "due process" and the Constitutional  "rights of the accused".

Also on tonight's agenda, a proposal to hijack the Mayor's lawful control of the meeting and give the invocation to a rotating list of local clergy. Like it or not, the law on this is clear and any request for "divine guidance" must be non denominational to the point that a "Christian" prayer which mentions "Jesus" is over the line. A brief moment of silence is acceptable, so here's a novel suggestion to our self serving officials, don't break the law on this one folks!

Our Police Chief has placed an item on tonight's agenda to put you in prison for 4 months, if you feed the wildlife. I wonder how he intends to collect the evidence required for a conviction...an image of Jeff crawling around the desert with a plastic baggie picking up coyote and hawk droppings for forensic analysis of "people food" does bring a smile to my face though. Way to earn that huge salary Jeff! By the way you overpaid moron, we already have a state law that says this is a "petty offense".
http://azleg.gov/ars/13/02927.htm

And topping my list for exposing the Town to another lawsuit is a proposal for your council to usurp the Mayor's authority and remove their critics from future meetings. The arrogance of this is beyond comprehension as the law is not only very clear, but the recent "training session" reinforced the rights of the citizen to protected "political speech" at  the meeting from which no citizen may legally be barred from attending. Even "disorderly conduct" under this limited forum may not exceed a $20 fine, according to "Decorum of Council Meetings" on the website for the League of Arizona Cities and Towns. I hope everyone is paying attention to the law - just bring $20 to the meetings in case you have to post your bond! See you tonight!

http://www.azleague.org/newsletr/connect/2007/0607/index.cfm?a=legal_corner

Decorum of Council Meetings


Each month, Jeri Kishiyama Auther, League staff attorney, will answer different legal questions that she receives from cities and towns. These questions are for general information only. If you, as a city or town elected official and employee, have a specific legal question, always check with your city or town attorney.

A frequent question from council members has to do with decorum and control of council meetings. Council members inquire about proper conduct at meetings, and whether the Council may sanction another Council member if a Council member disobeys parliamentary procedure or becomes disorderly during a meeting.

Surprisingly, an Arizona statute addresses this particular issue. A.R.S. § 9-234, originally adopted in 1901, states:

A. The common council shall judge the elections, qualifications and returns of its members. It may prescribe rules for the government of its proceedings, may punish any member or other person for disorderly conduct at any meeting of the council by a fine not exceeding twenty dollars, and by imprisonment until the payment of the fine, and with the concurrence of four councilmen may expel any member, but not a second time for the same cause. Emphasis added.

The foregoing statute allows a number of things, including adopting rules of procedure, punishing not only a Councilperson, but any "disorderly" person, by assessing a fine and imprisonment, or expulsion of the Councilperson from the meeting.

Some cities and towns have adopted ordinances for rules of procedure for public meetings. Examples include:

• No Council member may interrupt another Council member, except to make a point of order or of personal privilege. If the Council member continues to "break the rules" the presiding officer may call the Council member to order, at which time the Council member shall cease speaking, but may "appeal" the presiding officer's decision immediately to the entire Council. If the appeal is denied, the Council member shall remain silent. Further, the Council member is subject to censure "or other punishment as the Council, by a three-quarters vote, deems just and proper under the law." City of Phoenix Municipal Code, Sec. 2-60, Rule 6.

• The Mayor or Mayor Pro Tempore "shall preserve order and decorum, decide all questions of order and conduct the proceedings of the meetings … ." City of Scottsdale Municipal Code, Sec. 2-37.

• The Mayor shall preserve strict order and decorum at the meetings and may appoint a sergeant-at-arms at the Council meetings, whose responsibility is to carry out all orders and instructions given by the mayor for the purpose of maintaining order and decorum. The sergeant-at-arms has the authority to remove any person (including a Council member) who violates the order and decorum of the meeting. If a member of the public makes "personal, impertinent, or slanderous remarks, or who becomes boisterous while addressing the council, or who interferes with the order of business before the council, and who fails upon request of the mayor to cease the activity, shall be barred from further audience before the council for the remainder of that meeting unless permission to continue is granted by majority vote of the council." Official Code of the Town of Marana, Sec. 2- 4-3 and Sec. 2-4-7.

• The Mayor may assess a fine of not more than $25.001 upon any Council member for disorderly conduct at a Council meeting upon a concurring vote of three Council members, and the Council member may be imprisoned until payment of the fine. Additionally, any Council member may be expelled for any cause determined sufficient by the Council upon a vote of five Council members and the judgment of the Council as to the causes for fine or expulsion shall be conclusive (nonappealable). Official Code of the City of Mesa, Sec. 1-5-5

These examples range from "preserving decorum," to censure, to fines and imprisonment of both Council members and members of the public. Some municipalities allow appeals of the punishment, or punishment only upon vote of the Council, and in some ordinances, super majority votes. Short of adopting an ordinance, a Council could also choose to initiate a set of rules or Council procedures that would be agreed to by all members.

Common Council municipalities, which are the smaller municipalities, have A.R.S. § 9-234 as an available tool to preserve decorum of Council meetings without any implementing ordinance. Arizona case law does not exist regarding this particular clause of the statute. If your Council is unsure of how to exercise this statute, please consult your City or Town Attorney.

A.R.S. § 9-234 limits the fine to $20.00.



League of Arizona Cities and Towns

1820 W. Washington St.

Phoenix, AZ 85007

Phone: 602-258-5786

Fax: 602-253-3874

http://www.azleague.org