Carefree Truth

Issue #384, March 16 , 2015

 

 

 

Acting Mayor Les Peterson asked attorney Bill Sims if any of the Statutes brought up had changed his legal opinion.  Mr. Sims said they had not, but he was sad to see the division on the Carefree Council.  He reiterated that the vote among Council members is to replace Council members and does not apply to a Mayor who is absent or disabled.  The State Statutes are concerned with filling the Mayor position quickly, which in the event of an emergency gives the senior executive the power to act.  The Carefree Town Code is self executing.  He agreed that the questions asked were good, but said he had previously told Kathy Connelly at the League of Cities and Towns that the page quoted from the League Election Manual by Councilwoman Melissa Price was wrong and needed to be corrected.  Councilman Glenn Miller noted 38-291 which lists 12 types of vacancies filled by council vote.  Mr. Sims said he doesn't know where the League got that.  It's not in the Statutes.  

 

 

 

Councilman John Crane pointed out that when a Statute says "may", it defers to the Town Code .  The Council can only pick a Mayor when both the Mayor and Vice Mayor are gone.  The word "resignation" made it confusing, but a resignation can only be accepted when the mayoral seat is filled, so the resignation is not effective.  He saw the key points as follows. 1. Mr. Sims' advice is accepted if at least three Council members feel it is correct.  2. The resignation is not effective until the successor is determined, allowing the Town Code self executing mechanism to occur whereby the Vice Mayor would assume the position of Mayor.  

 

 

 

Ms. Price said, "I would like to suggest that we get another opinion."  Acting Mayor Peterson replied, "So, what, go 3 out of 5?"  Councilman Mike Farrar asked Mr. Sims if anyone had coerced him to render this opinion.  Mr. Sims replied that he has upset many clients by telling them the truth.  Once in the past when his job had been threatened, his response was that he would give his opinion even if it meant losing his job.  "I don't get coerced.  I just tell you what the law is.  You get to decide."  If the opinion is accepted, the Vice Mayor would assume the duties, making the Mayor's resignation effective.  Mr. Farrar made a motion to accept Mr. Sims' legal opinion. Acting Mayor Peterson called for comments from the audience.  He had two slips from those wishing to speak. 

 

 

 

Jim Pierce declared he thought the Council went "lawyer shopping" because town attorney Mike Wright lives in the area and wouldn't want to tell them they need to have a special election.  Cave Creek, where Mr. Wright lives, followed the Statute and was currently holding a special election.  He asked why this Council was opposed to an election, and said he concluded that no one on the Council thought they could get elected as Mayor.  "Some evil outsider would squeak in and become your Mayor."  He said an initiative to extend the terms failed.  "You don't want to face a hostile voting public because none of you could get elected."  Mr. Sims corrected Mr. Pierce, saying that the election in Cave Creek is a recall election, and that it was totally different.  Mr. Pierce denied that it was totally different, and told Mr. Sims to "read the Statute".  Mr. Sims read the Statute aloud.  It says elections are to be held in even numbered years.  Not withstanding any other law, it's 2016, E as in echo.  The provision that would allow an election this year is F, and that language is not in there.  It doesn't trump 16-235, which says this election would have to be held in the next general election.  He told Mr. Pierce to "read the Statute".  

 

 

 

John Traynor also disagreed with Mr. Sims, saying it is the "spirit of the law" to elect a Mayor.  The Code conflicts with this.  He said "resign means resign", and that the divisive issue is not filling the chair, it's development in Carefree.

 

 

 

Mr. Farrar repeated his motion to accept Mr. Sims' legal opinion.  Mr. Crane seconded the motion, stating that following the correct procedure is more important than which person is selected for Mayor.  Mr. Sims had brought an opinion.  This could "be lawyered to death" and produce many different opinions, but he believed that Mr. Sims presented a solid argument that is defensible.  

 

 

 

Mr. Farrar felt the real issue is "a certain economic development project, not economic development in Carefree".  He believed that everyone on the Council supports reasonable, sound development that is congruent with the town.  Mr. Farrar said that Bill Sims is highly regarded, and actually trained the Council.  Mr. Sims has pro-offered an independent legal opinion without any influence, which should be recognized and honored.  Mr. Farrar hoped the Council can mend itself and move forward.  

 

 

 

Acting Mayor Peterson said it's not develop vs. don't develop.  It's prudent development, and should proceed from numbers, a business plan, people attracted, the investment amount, and paybacks that make sense.  

 

 

 

Mr. Miller told Mr. Farrar not to speak for him.  He said it has nothing to do with economic development, that he wouldn't work for Les Peterson for reasons he declined to share at the time.  But he respects Bill Sims, calling him a "good guy".  Ms. Price said, "I have a nay vote."  Mr. Miller said, "So do I."

 

 

Town Clerk Kandace French took a roll call.  Councilman John Crane, Councilman Mike Farrar, and Acting Mayor Les Peterson voted to accept Bill Sims' legal opinion.  Councilman Glenn Miller and Councilwoman Melissa Price voted to reject it.  The vote being 3-2, Acting Mayor Les Peterson asked Town attorney Mike Wright what happens next.  Mr. Wright said, "You continue to serve until the Arizona election."  Acting Mayor Peterson said, "It is my fondest hope that we can put these things together and start working for the benefit of the Town."

 

https://vimeo.com/user18676056/review/121381867/ac470d5b70

 

 

Lyn Hitchon

 

 

 

Prepared by Carefree Truth

Visit our website at www.carefreetruth.com

If you know anyone who would like to be added to the Carefree Truth email list please contact me, and feel free to share Carefree Truth with others on your list. Please support our merchants.  Visit our Carefree Desert Gardens website at http://www.carefree-desert-gardens.com/Carefree_Desert_Gardens/Welcome.html