Cave Creek elections wild as Old West culture

By Philip HaldimanThe Republic | azcentral.comSat Mar 30, 2013 10:53 PM

Cave Creek is one of the last outposts in the Valley where city fades into wilderness, a town known for its cowboy and biker bars and, of course, its Western lifestyle.

This year’s race for Town Council has played out as wild and raucous as the Old West culture that is central to Cave Creek’s character.

The campaign has included accusations over the town’s debt and charges that the town manager’s influence has gone too far. There have been scathing editorials from a local newspaper and a fierce battle between a packed field of candidates sharply split between a slate of incumbents and a group of challengers who outspent the sitting members by a 7-to-1 ratio in an effort to win the seats.

It reached a peak earlier this month when the town manager called The Arizona Republic to announce that one candidate who dropped out of the May 21 runoff election had a change of heart and would be returning to the race.

That action has prompted an outcry from some in town and moved at least one resident to prepare a legal challenge.

Contrast that to neighboring Carefree, which lived up to its namesake by quietly electing one newcomer to its council two weeks ago after a comparatively cordial campaign.

“There has been a very concerted effort to oust the incumbents, but we have these convulsions up here all the time. Very petty and childish but, hey, that’s part of the charm of the dang place,” said Bob Boze Bell, resident and executive editor of Cave Creek-based True West magazine.

“But it’s been no more testy than usual, really. I would put the average contentiousness up here at a level that rivals the Middle East — without the car bombs, at least yet.”

Candidate’s reversal

Eight candidates were forced into the May runoff election for four seats after the March 12 primary — four of them incumbents, and four challengers.

But within a week, three incumbents withdrew from the runoff after a strong showing from the challengers in the primary.

Town Clerk Carrie Dyrek said councilmembers Shelley Anderson, James Bruce and Dick Esser submitted paperwork to withdraw with the county on March 19.

Another surprise came when Esser reversed course and re-joined the runoff on March 21. Just several hours after Esser had told The Republic he had withdrawn, Town Manager Usama Abujbarah called The Republic saying Esser wanted to re-enter the race. Moments later, speaking by phone from Abujbarah’s office, Esser confirmed this with The Republic.

Esser later said the decision was solely his and that he changed his mind because he didn’t want a group of relatively inexperienced newcomers running his town.

“It appears to me that I need to stay in the race and try and save my town,” Esser said. “The challengers are despicable, untruthful and dangerous.”

Anderson’s and Bruce’s statements of withdrawal have been submitted to the Maricopa County Elections Department, and their names will not be included on the runoff ballot, Dyrek said.

However, Abujbarah said, although Esser’s statement was submitted to the county, the town has asked for his name to appear on the ballot.

Yvonne Reed, a spokeswoman at the Elections Department, said the county follows a municipality’s lead in local elections, acting only as a vendor, making no judgments or decisions.

“We have received instructions from the clerk, and she has instructed us to put Esser on the ballot,” Reed said.

Attorney Timothy La Sota has filed a legal challenge on behalf of Cave Creek resident Gerald Freeman against the town and Esser for re-entering the race.

A Maricopa County judge will hear the case on Monday.

“Esser filed a valid notice of withdraw from the race and under the law, once a bona fide notice of withdraw is filed with the town clerk, there are no legal grounds for the former candidate to rescind the withdraw,” La Sota said.

Esser said an e-mail sent to incumbent candidate Thomas McGuire on March 20 from Michael Chutz, chairman of CaveCreekElection2013.com, a political-action committee that supports the challengers, played into his decision to return to the runoff.

McGuire was among the four incumbents who made it to the runoff. In the primary election, only incumbent Ernie Bunch and challenger Adam Trenk received enough votes to be elected outright.

The e-mail urged McGuire to step down from the runoff, “for the good of the town ... to send a very clear message to the town that you support unity and community.”

“As a result of these events, it’s my opinion that the citizens of Cave Creek deserve more choices,” Esser said. “If Tom stepped down, it would be a perfect slate.”

In this year’s primary, all four of the outside challengers were within 32 votes of being elected outright.

All received more votes than the field of incumbents, except for Bunch. One candidate, challenger Mike Durkin, missed being elected outright by one vote.

The runoff election now will include incumbents Esser and McGuire, as well as challengers Durkin, Reg Monachino, Charles Spitzer and Eileen Wright, pending a judge’s ruling on Monday.

Town manager’s role

As the election season progressed, the chasm between incumbents and challengers widened.

It was evident at a candidate forum in January that took a nasty turn when the normally even-keeled Mayor Vincent Francia used his closing argument to unleash a tirade on the newcomers, accusing them of conspiring to run on a common platform.

The remarks from Francia, who ran unopposed in the race, ignited a fierce response from many in the audience, an indication of more to come.

Tom Augherton, a former mayor and resident of more than 30 years, said this election has seen a convergence of individuals who have had unfavorable experiences with local government. It also is a vote against the influence the local paper Sonoran News wields, he said.

Incumbents have claimed the challengers are running as a slate to oust Abujbarah, who is appointed by the council and will come up for reappointment during the next term.

Critics of Abujbarah, including Monachino, Spitzer and Trenk, have claimed he has not been kept in check by the council. But supporters say residents need only look at Abujbarah’s track record to see his effectiveness.

Francia said Abujbarah’s contributions to the town including the acquisition of Spur Cross Ranch Conservation Area, the annexation of about 9 square-miles in west Cave Creek and creation of the popular event Taste of Cave Creek speak for themselves.

The challengers have accused the current and past councils of fiscal irresponsibility and the town of a lack of transparency, including an inability to make financial reports available to the public in a timely manner, as well as having a hand in the town’s $52 million debt, which many feel is unsustainable.

Monachino said the council has abrogated its responsibility to set agendas and policy as well as uphold its legal fiduciary responsibility.

“Nature fills a vacuum. So, if nobody on the Town Council takes initiative, then staff steps in,” he said.

The challengers have also been critical of the local newspaper Sonoran News, which they say has provided unbalanced coverage in favor of the sitting council.

Anderson, one of the incumbents who withdrew from the runoff, said the lack of civility in the election and the growing animosity that extended campaigning would bring were among the reasons why she decided to step down last week.

But she said her withdrawal largely had to do with an illness in her family.

Bruce did not return calls or e-mails.