Political Battleground Part 5

QUARTZSITE, ARIZONA 06 JULY 2010 -- The election of Quartzsite's Mayor, Ed Foster, has been seen as an open challenge by the citizens to the existing council.

And while Quartzsite's citizens have long complained of a variety of offenses on the part of town officials, they had no open venue in which to complain: until now.

Thus it was hardly a surprise when Quartzsite's council moved to restrict Foster's Mayoral powers, turning the Town Hall's gallery into a forum for airing grievances long unvoiced, while the councilmen voted essentially in unison -- with the single exception of Robert Kelley -- in their efforts to establish an unprecedented level of control over the town's new Mayor -- with dire political consequences. Lizarraga  abstained citing conflicting interests.

Clearly, Foster's supporters have won each time they've stood in opposition to the council's activities.

Citizen's Coalition facilitator Dean Taylor and ex-councilman Hal Davidson challenged the councilmen even before they voted to undermine Foster's elected position -- to no avail.

It is unclear whether the councilmen realized voters could prevent their restrictive actions against Foster from even taking effect --  because even as one citizen after another stood at the podium to plead with councilmen against restricting Foster's authority, four of them [Winslow, Lukkasson, Anderson and Cowell] -- without discussion -- voted to:

1. Prevent Foster from exercising emergency
    powers in the event of an emergency;

2. Alter the Town Code to remove emergency
    powers from the Town Mayor;

3. Alter the Town Policy Manual to remove
    emergency  powers from the Town Mayor;

4. Remove Karen Norris, Town Clerk, from the
   authority of the Mayor and place her,
   instead, under Town Manager Alex Taft;

5. Prevent Foster from  prevented from asking
    for any reports without the approval of a
    majority of the councilmen in advance.

All of these measures have effectively been blocked by the pending referendum and none can take effect or be utilized until put to a vote.

In most situations, the council will choose to rescind the directives to avoid the ramifications of allowing them to come to a vote, resulting in having them become law and remain permanently on the books -- which will happen unless the council removes them prior to the vote.

Clearly, Foster's supporters represent  stronger numbers than the council had realized -- with organized efforts drawing ever greater numbers into their corner.

Citizens have openly indicated they would like to see an end to the council's efforts to undermine the newly elected Mayor.



Political Battleground Part 4

QUARTZSITE, ARIZONA 22 JUNE 2010 -- The election of Foster marks the first Mayor elected to the office by the citizenry since the May 2008 election of Quartzsite businessman Steve Bennett.

And exactly as Foster has been attacked, so, too, was Bennett -- suffering the same level of accusations, public harassment  and restriction of powers that Foster is now experiencing.

When Bennett was Mayor, it was Councilman Wesley Huntley that publicly demanded his resignation, and so determined were the efforts to humiliate Bennett, that the story of his resignation was turned in to the Arizona Republic even though the story did not merit coverage in Maricopa County.

Bennett, too, found Clerk Karen Norris removed from his supervision -- yet when Acting Mayors Busby, Akin and Huntley [who subsequently assumed the position of Mayor,] Ms. Norris remained in her post, with her duties unaltered.

Only when Foster was elected did the council move to place Norris under the direct supervision of Town Manager Alex Taft, resurrecting the order initiated to withhold certain Mayoral powers from Bennett.

Foster has also been prevented from obtaining his badge, his office and desk, his keys -- all rightfully his.

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Political Battleground Part 3

QUARTZSITE, ARIZONA 30 MAY 2010 --

As often as Quartzsite citizens have indicated they would much prefer Quartzsite's council put aside their differences and attempt to work together for the good of the community, a packed house of angry constituents openly indicated they believed it may never happen -- particularly after Tuesday's session.

An angry crowd confronted the newly elected council when it became apparent that they were not going to back down from their already set decision -- to disempower Foster even before allowing him to take his seat as Mayor -- and citizens after citizen stood to openly condemn Acting Mayor Huntley's staunch refusal to relinquish his chair to Foster.

Citizens have also been extremely vocal concerning their frustration, circulating Recall petitions against those that participated in the ill-advised actions against Foster, and the entire incident has been seen as a catalyst toward dividing the community even further.

"There's no reason for these meetings to descend into absolute chaos," stated local activist Dean Taylor. "We elected a Mayor that we knew didn't have ulterior motives by which he would decide who spoke and who didn't, who was treated with respect and who wasn't.

"We want to get this town on the road to recovery. It's flat broke with money running everywhere and they're blocking a forensic audit to find out what's happened to all those unaccounted-for funds. It has garnered a terrible reputation on the state level, and it's embattled. People try to find out what's happening only to be stonewalled and then publicly slandered and ridiculed.

"Businesspeople are losing a fortune and while the economy is tanking, it's even worse in Quartzsite. They have chased off many, many investors and hounded to the point of ridiculousness those that were left.

"They've taken every nickel they can wring from the townspeople and still they won't stop. And all this while they spend huge amounts of money with no discussion or accountability whatsoever, hire people we don't need, hand out raises and bonus checks and move money around [and use funds] from sources that have been improperly -- read that illegally -- utilized.

"We believed the election of Foster was going to be a turning point. Here we had  specifically elected a Mayor to run the meetings that could do so competently and with a measure of professionalism we haven't seen in Quartzsite for some time!" Taylor continued.

"And there sat Huntley, refusing to relinquish his seat to the new Mayor, insisting instead on running the meeting himself, still yelling 'Sit down and shut up' from the bench while banging the gavel and ordering the police to throw people out of the meeting. And they wonder why we have no respect for them? It was chaos -- utter chaos."

"One concern that I believe needs to be considered is the true intent behind this withdrawal of Mayoral powers from Foster," he said.

"Are they anticipating Foster declaring an emergency and calling in outside officials when he determines how this town has been run and by whom?

Foster, a one time Director of the Citizen's Coalition was widely known as the 'popular candidate' during his campaign, with supporters dubbing him 'the People's Mayor,'  since he was selected specifically by and for the people whose voices were consistently silenced at Town Hall meetings.

An Illinois native and a Marine, Foster became an engineer and traveled the world exten-sively while working in that field. He is now the editor and publisher of 'The MINESHAFT," a widely read local publication.

The level of expertise he brings to the table is far beyond that required for holding a political position in a small town.

To question Foster's motives or abilities without a comprehensive review of the incident that Taft has indicated prompted her to sponsor the actions against Foster is premature and patently illegal.

"If the council wanted to take proper and equitable action," stated one attorney, "they would conduct an investigation -- a comprehensive investigation -- of the entire incident by an independent third party to determine why proper protocol as set forth by governmental mandates in 2002 have not been implemented nor applied."

"To do less is for the council to  take  a  position
 -- a side, if you will -- without meeting the proper criteria for having done so."

"And even then, these measures do not preclude Foster's rights and duties under his official title of Mayor: "The power to declare an emergency has traditionally resided in the Chief Executive Officer of a political subdivision whether that be the President, the Governor or the Mayor."

Further, the rules and regulations for emergency protocols and procedures are set by State Statute and the Town Council lacks the authority to alter Arizona State Law.

Those present have not only questioned the council's efforts to 'reign in' Foster in spite of public outcry, they also question the ramifications of yet another dilemma created by the move: If these changes were allowed to be implemented It would now require a consensus of a committee before the declaration of a public emergency could take place.

This entire issue stemmed from an incident during which there was not even one -- elected or otherwise -- official available for comment whom the public or press could utilize when a question was raised as required under the Emergency Response Act of 2002 [according to which Quartzsite is still not compliant 8 years after its implementation.]

EXCERPT FROM PAGE 14 of the EMERGENCY PREPAREDNESS ACT:

Effective public and media communications is a key element of your Emergency Response Plan [or ERP]. You should designate in advance who the spokesperson will be during a major event. The spokesperson should be someone who is knowledgeable and credible, has good communication skills, and, if possible, is not a key person needed for implementing ERP response actions during the major event.

In communicating with the media, the lead spokesperson may be someone external to the CWS if another organization has taken over the role of lead agency or Incident Commander (e.g., a representative from the health depart-ment or the State Drinking Water Primacy Agency). You should consider having both field and office staff respectfully defer questions to the designated spokesperson.

You can plan now for public and media  notifi-cation needs by developing a communication plan or strategy for the spokesperson to follow. The communication plan or strategy should be a set of general guidelines for the spokesperson to follow in order to craft clear and concise messages for the public and to also deal with the media. The communication plan or strategy should be targeted to reach several audiences, such as your customers (both residential and business), local health professionals, and  others.

You can draft press releases and public water re-riction notices in advance. The key to remember

is that your message should be clear, accurate, and easily understood by your audience.

[This is the end of the excerpt. Please click the link above to learn more.]

Quartzsite officials have historically refused to communicate with their constituents openly, with no emergency protocol answering service to call when contact with an official is required.

All of the numbers on the Town Hall site are for the Town Hall office only. There are no 'after hour' numbers available.

Should the citizens of an entire town now have to wait for a meeting to take place before an emergency can be declared? How much would this slow a response?

Public emergencies have historically consisted of everything from toxic fumes to bomb threats. How long of a response time would be too long to wait when public safety is at stake?

Adding to the frustration of the citizenry were concerns that several councilmen had obviously made a 'decision' before the meeting -- and that they had apparently agreed to 'stand together' against whatever opposition might come.

While the Sunshine Law clearly prohibits such activity, it's been a mainstay of Quartzsite politics in spite of ongoing efforts to educate councilmen concerning the consequences of ignoring this law.

"Who is making these ridiculous decisions?" Taylor asked at a separate meeting, "It just never seems to improve -- you have to wonder about whose advice they're taking -- and why!"

Several times, facing strong criticism and opposition from virtually all factions for refusing to relinquish his seat to the newly elected Mayor, exiting 'acting Mayor' Wes Huntley proclaimed, "I have to do it. This wasn't my choice, fella, this wasn't my choice."

Huntley's statements seem to beg the question: 

            "Whose choice, then, was it?"
 

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Quartzsite's status on two toxic plumes were reviewed in a public meeting presentation by Michael Beasley of the  Arizona Department of Environmental quality.

Beasley explained that the Tyson Wells plume, caused by unknown factors, appears to be completely under control and is no  longer considered to be a threat to the community.
At a cost of $2.1 million, the project [ a 30-year issue] is slated to  continue some years into the future. All wells contaminated by the site have transitioned to the town's water supply, mandated by officials immediately  following   the discovery of the contamination.

The Ted's Truck Stop site, the cleanup of which is still underway, is also considered to be contained and controlled.

While the truck stop site has been the subject of many rumors, it is, officially, available for purchase, without the cost of the cleanup attached. Those costs are being borne by the State of Arizona, under a program administered by ADEQ.

Quartzsite's Council asked to support town's food bank with mixed results, Police Chief reports on QPD activities, telephonic presences at meetings still challenged

The lack of a physical presence of Vice Mayor Caroline Guthrie was again challenged by Hal Davidson at Tuesday's meeting, with the council voting again to excuse her absences and allow her to retain the position of Vice Mayor until an election is held next year.

Guthrie was again present via telephone and consideration was given to whether or not Guthrie's permission to appear telephonically for a period exceeding thirty days should be rescinded.

Bill Moore reiterated that according to the law that as long as she is participating by telephone and can hear and answer she is not technically absent. A vote was taken allowing Vice Mayor Guthrie to continue via telephone.

A question was raised concerning whether or not the the council could be mandated to donate $50.00 a month to help defray the utility costs of running the Quartzsite Food Bank.

The electricity bill at the Food Bank is over $500.00 monthly and, although the Food Bank has done a great job at covering the expenses of providing food for the needy, they have fallen short on paying for the required utilities.

It was clarified by the town's attorney that the members could not be mandated to donate but could make arrangements to have the $50.00 deducted directly from their monthly amount.

Hal Davidson asked if the donation could come from the amount that the council had previously voted on to reduce their monthly council earnings. This will be investigated further.

A short discussion took place regarding the possible action to appoint a new Vice Mayor.  It was decided that this should and would wait for the next election.

The council considered appointing another council member to fill the vacant council position.

Councilman Lazarraga stated that the town code indicates that while  they can appoint it does not stipulate when.

Councilman Moore indicated he thought it best that the public decide with their vote in the next general election, while Councilman Hal Davidson stated he would prefer not to wait.

Lazarraga indicated his preference to postpone the decision.

Further, the motion to appoint a new member to the vacant seat failed in this session, with  Councilman Kelly stating that with only two or so council meetings left before the election, both vacant seats at that time should be decided by the public. He indicated he did not feel comfortable with the council members making that decision.

Amidst demands for the reduction of Quartzsite's police force, reports on police activity have been requested to be provided on a regular basis.

In his first public report, Police Chief Jeff Gilbert reported to meeting attendees that over the past weeks there was a combined total of  168 civil and criminal citations.  According to Gilbert, 28 individuals were were arrested and, of those, seven were for drug related offenses, four for driving under the influence.

The drug arrest consisted of a group of eight individuals all interacting with several area police departments including Parker and Quartzsite. Gilbert indicated that many individuals had invested many hours in investigations to build a case in this instance, hoping to make it clear that drug dealers are not welcome and will not be tolerated in La Paz county.

Gilbert also indicated that the  death of Laura Vittori is still considered to be an ongoing investigation. He stated that there was no safety concern for Quartzsite citizens since there are no obvious signs that Vittori's death was, indeed, a homicide. Gilbert further stated that as more information becomes available in the case, he will provide that information to the public via press release.

Reports and Announcements:

Anita Carlson made a passionate speech thanking all those who provided assistance with making the Flag Retirement Ceremony held on June 14th 2009 a success. "Without their help this would not have been possible," Carlson stated, offering awards of Awards of thanks to Alex Taft, Police Chief  Jeff Gilbert, several additional police officers and members of the Quartzsite Fire Dept with and plaques and other mementos. 

Alex Taft reported on the best practices of the meter readers, indicating that price comparisons show manual readings to be the most efficient way to serve Quartzsite. Taft further indicated that  these readings can find problems whereas a computerized system cannot.

Representatives met from Yuma and Phoenix in Quartzsite to gather information on the sale of the BLM land sale. BLM has voiced concern that there will not be enough input by the public. If anyone is interested in the purchase of this land they should contact the Quartzsite Town Hall.

Deena Blythe announced that she will be providing Low Income Toenail Trimming on July, 6th  August, 3rd September, 7th and October, 5th 2009.

Blythe is State Board certified, and this service will be offered on a limited basis through the Quartzsite Senior Center. With  limited appointments available, three forms of I.D. are required.  For additional information, contact Carol Kelly at the Senior Center at  928-927-6496.


Public Comments:

Mike Roth spoke to the council about what he thinks is a low attendance at the council meetings and indicated more should be done to get more people to participate. He also mentioned that since La Paz County is in financial difficulty, spending should be curtailed to help the budget.

The meeting was adjourned at 7:46pm

You can contact this reporter using the following information:

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Quartzsite's interim Mayor Walter Akin stepped down  citing medical reasons.  A special meeting -- held at 1 P.M. Tuesday and scheduled to fill the position of Mayor -- ultimately provided a forum for a myriad of complaints as the meeting deteriorated into virtual mayhem...


Vice Mayor Caroline Guthrie, currently under recall, criticizes Recall Petition Circulator Ed Foster during Tuesday's meeting. Guthrie also criticized her fellow councilmen in the open session, with disastrous results.

Roth and Field first clashed when Roth encountered problems dealing with Field's code enforcement issues, prompting Roth to become involved in the political structure of Quartzsite.

When a candidacy for the La Paz Board of Supervisors proved unsuccessful, Roth used connections gained during the race to continue sharing his concerns with others and ultimately organized a successful recall effort that has brought two of Quartzsite's councilmen, Caroline Guthrie and William Moore, under recall.

Three other sitting councilmen narrowly missed being recalled themselves -- although not for a lack of signatures. Instead, those petitions were dismissed for various technical issues -- Wesley Huntley, for an error in the date; Walter Akin's for addressing him as Mayor instead of Councilman. [Akin had assumed the Mayoral seat despite strong opposition but resigned for reasons yet unclear to leave the area almost immediately after it was finally obtained.]

Hal Davidson's petition was also dismissed on a technicality, although it was unclear at this writing precisely why it was not accepted at the county level.

In Letters to the Editors of the PARKER PIONEER, the DESERT MESSENGER and QUARTZSITENEWS.COM, Roth cited those reasons he believed Field should not become the La Paz County Administrator, and challenged the decision.

Today, he took those concerns to an higher authority, reading a letter he had prepared for the Supervisors to hear at the 'Call to the Public' portion of the meeting.

In it, he again challenged the decision to hire Field, and questioned the methods utilized to do so.

Roth further challenged the timing of Field's appointment to the position, citing the recent $9.3 million dollar judgment against the county and the myriad of financial problems now facing the county.

When Field challenged Roth in return, saying he could not afford to pay his [Quartzsite] fines, Roth countered by mentioning Field's bankruptcy.

Both Roth and Edward Foster have created a firestorm of controversy among Quartzsite's council, several of whom have complained bitterly that the election -- now necessary because of recall efforts -- will cost the town $12,000.00. However that figure has been widely disputed and no further clarification has been offered to substantiate exactly how councilmen arrived at the $12,000.00 price tag.

In fact, recent calculations  from similarly sized municipalities have indicated it will cost significantly less.

Whatever the cost, citizens in Quartzsite seem determined to proceed. Of the six currently sitting councilmen, four now hold positions they were not elected to fill and the situation has voters frustrated.

In spite of the council's complaints, Roth and Foster do not seem to be alone in their quest for change as supporters have had little trouble garnering the number of signatures necessary to press forward with the recall.

A transcript of Monday's County Board of Supervisors meeting will be available here as soon as it is provided by the county officials.

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The Town's council Tuesday afternoon was divided on efforts to swiftly replace exiting Mayor Walter Akin. Akin's hasty exit from the position of Mayor in Quartzsite stood in sharp contrast to his efforts to secure the office just a few months ago, despite strong opposition from the Citizen's Coalition to Akin's assumption of the post following the death of Charles Busby -- also not elected to the post.

The position was last held by a duly elected Mayor when Steven Bennett, who resigned during a period of financial turmoil, was elected. Since that time, the Citizen's Coalition and various independent citizens have pressed for an election, only to be ignored by the presiding council.

The 'apparent disregard for voters' was cited as a primary reason for the recall efforts that were then developed.

Several citizens made efforts to address the council as the meeting deteriorated Tuesday, including Rain Shanana Golden-Bear, the publisher of the Desert Messenger and one of the organizers of 'Proud Neighbors of Quartzsite,' a pro-Quartzsite organization designed to promote Quartzsite throughout the U.S.

Golden-Bear encouraged the council to recognize that their actions were damaging the town and that there are those that want to see animosity and difficulty set aside in favor of a united front and a pride in the community. Councilman Guthrie prevented Golden-Bear from presenting a Native American song dedicated to exiting Mayor Akin.

Ed Foster, openly criticized by both Councilman Caroline Guthrie and Councilman Wesley Huntley for his efforts to facilitate a recall on several council members -- including the two of them --  stood to remind the council that there was evidence of further violations of the law preventing council business from being held held in secret 'backroom deals' and suggested that the council be certain to have an attorney present at future meetings so that the council could make sure they are acting within the law.

Alex Taft, the current Town Manager, indicated that steps would be taken to ensure that the attorney would be present at the next council meeting.

Angelina Masales, a strong proponent of Quartzsite and familiar with the issues facing Quartzsite has indicated that the council members need to be properly schooled in learning how to facilitate meetings including the establishing of a strong sense of order, with disrespectful comments on the part of council members held to an absolute minimum.

At Monday's meeting, councilmen made derogatory comments both to each other and to meeting attendees. Onlookers appeared shocked at the lack of professionalism on the part of council members, with audible gasps and groans apparent throughout the crowd. Some voiced concern that the charges of 'back room' dealings were not without merit.

Dean Taylor, a longtime critic of the council members, indicated he intended to continue pressing state officials for assistance in managing the council business. Taylor reiterated the concerns of citizen Edward Foster, who charged that there is extensive evidence that the council ignores open meeting laws and acts in private to make decisions following telephonic and e-mail communications.

In response, Councilman Jose Lazarraga suggested that citizens stop taking their concerns to state officials and, instead, deal with them on a local level.

Lazarraga acknowledged that while things may have been mishandled in the past, there could be a better future ahead. It was a theme reiterated by some who agree that Quartzsite needs to come together to facilitate change.

Ten people have placed their names before the council for consideration of the posts open on the council, including the two positions under recall: those of Caroline Guthrie and William Moore.

Foster has indicated the vote will be watched carefully and steps taken to facilitate a proper handling of the votes after counting.

When Guthrie was last elected it was only after the votes were recounted in Parker that she succeeded in winning the election.

One attorney consulted in the matter has stepped forward to indicate that there was no protocol for having had those votes recounted in Parker, and steps have been taken to prevent such actions from occurring again.

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The Town's council is again under fire for the passing of an ordinance Tuesday evening, March 10th, when it was decided to prevent anyone not in 'good standing' with the town be prohibited from running for office.


The move was immediately questioned by sitting councilman Bill Moore, who questioned the legality of the move and cited its obvious potential for misuse and abuse as a tool to prevent certain people from running for office.

Town Attorney and Town Manager Dan Field, overseeing his last meeting before leaving to become the La Paz County Administrator, gave an extensive presentation to the council and advised them, as the town's legal counselor, to proceed with the move, in spite of the questions and concerns raised by Moore.

Moore staunchly criticized the effort and was the only dissenting vote on the part of the entire council, with it easily passing.

Ed Foster, who also raised questions concerning the legality of the move, cited evidence that since Quartzsite exists under a Common Council form of government and restrictions upon those who would run for office would constitute a qualification to hold office.

"The Arizona Court of Appeals has held that the State statutes 'pre-empted the area' of law on qualifications for office.

"Nowhere in Title 9 is there a power for Council to set qualifications to be a member of Council."

These questions are currently being raised with the city and their defense, if they offer one, will be promptly posted -- but the suggestion has been made that they check with the League of Cities and Towns before furthering this piece of legislation.

Also in spite of vigorous opposition, exiting Town attorney and Town Manager Daniel G. Field's replacement as Town Manager will be Librarian Alex Taft, with no Town Attorney yet appointed to replace him since the pending appointment of Field's wife, Kathy, was met with resistance.

"Why should Field's wife have precedence over the application of other attorneys," stated Quartzsite citizen Ed Foster, "especially when there are other, more qualified people to replace him?

"I for one would much prefer someone not related to Field would step in and manage the legal affairs of the town -- especially since the town is supposedly now broke, I'd like to know where and how those monies were spent."

"As for the appointment of Alex Taft to the position of Town Manager, I would like to know what qualifies her to hold that position, how much she's being paid to hold that position and whether or not the position was advertised so that qualified applicants might be sought," Foster said.

Apparently Foster is not alone in his questioning of the Town of Quartzsite officials, since a recall effort is currently underway with petitioners readily acquiring the necessary signatures to launch the recall against no fewer than four of the sitting seven councilmen.

Currently under fire [and under recall] are Mayor Walter Aiken, Vice Mayor Caroline Guthrie, councilman Wesley Huntley and Councilman Hal Davidson.

"We're just not going to take this anymore," Foster said, citing the willingness of those signing petitions to see that their voices are heard. "We are all sick of seeing these people sit in office while refusing to allow an independent audit of the town's financial records or to listen to their constituents in matters such as blatant conflict of interest and all kinds of suspicion.

"Why did we pay the Holt Group literally hundreds of thousands of dollars per year in 'engineering fees' when municipalities much larger than ours spent closer to $ 50,000.00 each?" he asked.

"We demand answers to these questions and we're not going to stop until this books are opened and these questions answered to our satisfaction," he concluded.




The Town's missing councilmen continue to be an issue even as Caroline Guthrie has been repeatedly excused by the council for her extended absences in spite of vocal opposition from citizens. Guthrie made telephonic appearances throughout most of the summer in 2008 and has reiterated her intention to do so in 2009, failing to appear for most council meetings .

Guthrie is one of two councilmen currently under recall. In spite of the her lack of popularity with her constituents, she has stood in opposition to changing.