From: Michael Chutz <mikechutz@me.com>Subject: Private forums, open meeting laws and town manager electioneeringDate: February 25, 2013 2:36:16 PM MSTTo: Vince Francia <vfrancia@turfparadise.net>, Usama Abujbarah <townmanager@cavecreek.org>, Ernie Bunch <ebb3@prodigy.net>, Jim Bruce <jaruce201@aol.com>, Steve Lamar <rwrlamar@gmail.com>, Shelley V Anderson <shelley.v.anderson.b7f8@statefarm.com>, Dick Esser <essergulch@yahoo.com>Cc: Durkin Mike <Mike.Durkin@gdc4s.com>, Mike and Eileen Wright <eileenwright@gmail.com>, Monachino Reg <rmonachino@mindspring.com>, Adam Trenk <atrenk@roselawgroup.com>, Charlie Spitzer <chaniarts@yahoo.com>, Carrie Dyrek <cdyrek@cavecreek.org>Dear Mayor Francia, Council Persons and Town Manager Abujbarah,
It has come to my attention that there is a private forum scheduled for tonight and several others are scheduled for several nights in the next two weeks, and that these forums are closed to the public and challengers and open only to sitting council persons and a select group of private citizens. This is unfortunate. All candidates appearing and addressing questions would elevate the dialogue. It would be better for the community that we all love if the forums were open to the public and all candidates were invited. We have been asking for open forums with fair and impartial questions from the public.
Further, it has come to my attention that four or more sitting council members may be present. This is a grave concern. If more than three sitting council people are together in the same room at a private meeting this could be construed as a violation of the open meeting law. It certainly has the appearance of impropriety.
Therefore, I urge you in the strongest possible terms to refrain from attending any private forum with any other sitting council people. If necessary I will personally retain legal counsel to verify that all meeting laws are fully adhered to and that every thing is fair. I trust it will not come to that.
It has also come to my attention that Mr. Abujbarah may be attending one or more forums. Although Mr. Abujbarah is a citizen of Cave Creek he is the Town Manager. As such he is in no position to participate in electioneering. Again, his mere attendance at a closed meeting with his current bosses raises an appearance of impropriety. Therefore, I urge Mr. Abujbarah to refrain from participating in any campaign or election related activity. If he chooses to so attend I plan on having my attorney advise the state and national association of town managers to determine whether or not there is an ethical violation and to otherwise exercise every other remedy available.
I trust it will not be necessary to retain counsel to assure adherence to all of the election laws. Because this is a vigorously contested election it is in every one's best interest to adhere to the strictest ethical code and to avoid even the appearance of impropriety.
By the way, I suspect that all of the challengers would welcome the opportunity to participate in one or more open forums this week. Perhaps you could pass that message on to the hosts. I am sure that we could have the meetings in town hall or that another suitable open location could be found. Every one would love to hear the all of the candidates address substantive issues in a meaningful fashion. A totally open forum at which no electioneering or town business is conducted would most likely be both legal and pass the "appearance of impropriety" test. It would help elevate Cave Creek politics.
By copy of this message I am asking Carrie Dyrek to forward this message on to all of the individuals who are listed as forum hosts so that they can properly evaluate their legal responsibilities, if any, under the open meeting law.
I look forward to your immediate response.
We all look forward to a fair and honest open debate in the public arena. I hope that you and the hosts can accommodate this.
Thank you.
Mike Chutz
Creekers4CaveCreek
All Cave Creek is my backyard, and all residents are my neighbors
Monday, February 25, 2013
Tuesday, May 29, 2012
Onsite Sign
This is the sign posted at the entrance to the proposed Enchanted Canyon site.
On 5/26/2012, the dates listed for the 2 hearings were overlaid with a TBD sticker. There are other parts of this sign that are incorrect, as the 3 given case numbers are no longer applicable or valid. Town code (Section 15.2.A.7) requires that these signs be removed within 10 days of the last hearing. We are attempting to contact the town to find out what is happening on this issue.
Update: as of 5/30/2012, this sign has been removed.
Monday, April 30, 2012
Friday, April 20, 2012
Thursday, April 19, 2012
Status Report: 4/19/2012
The Town of Cave Creek has NOT re-posted for an emergency session of the Planning & Zoning meeting originally scheduled for 7pm on 4/19/2012. This means that there will be no meeting, and no need for anyone to show up at Town Hall.
The Applicant has the legal right to resubmit plans for a new project on their parcel. It may be identical, similar, or completely different.
We will be preparing a notice for this email list in the next few days and will let you know what the next steps are. However, you can be sure this deep-pocket investor will not go away. Something eventually will be built on this parcel; we hope to have some say, along with the Town, in shaping what will be acceptable to the citizens of Cave Creek.
Thank you for your support over the past couple of months.
The Applicant has the legal right to resubmit plans for a new project on their parcel. It may be identical, similar, or completely different.
We will be preparing a notice for this email list in the next few days and will let you know what the next steps are. However, you can be sure this deep-pocket investor will not go away. Something eventually will be built on this parcel; we hope to have some say, along with the Town, in shaping what will be acceptable to the citizens of Cave Creek.
Thank you for your support over the past couple of months.
Wednesday, April 18, 2012
Status Report: 4/17/2012
Hello all,
Thank you for your continued support. Today has been a busy day and I just
wanted to bring you up to date with what has occurred.
Yesterday, the Applicant requested a cancellation of the Special Use Permit
request, along with an indefinite postponement of the other 2 requests. In
response, the Town Manager cancelled the Planning & Zoning meeting scheduled for
7pm on 4/19/2012. You have already seen that Town notice in a previous email,
along with our responses.
The Town Manager did not have the legal authority to make that decision. As a
result, the P&Z meeting scheduled at Town Hall on 4/19/2012 may still occur. The
Town has until 7pm on 4/18/2012 to make that decision, which will be posted on
the town website at http://cavecreek.org. We will advise you whether the meeting
is being held or not shortly after 7pm, or earlier if the Town lets us know.
Please be prepared to show up on 4/19/2012 in case you are needed. If the
meeting is held, the public will be allowed to speak on this matter then.
Please stay tuned,
Charles Spitzer
Thank you for your continued support. Today has been a busy day and I just
wanted to bring you up to date with what has occurred.
Yesterday, the Applicant requested a cancellation of the Special Use Permit
request, along with an indefinite postponement of the other 2 requests. In
response, the Town Manager cancelled the Planning & Zoning meeting scheduled for
7pm on 4/19/2012. You have already seen that Town notice in a previous email,
along with our responses.
The Town Manager did not have the legal authority to make that decision. As a
result, the P&Z meeting scheduled at Town Hall on 4/19/2012 may still occur. The
Town has until 7pm on 4/18/2012 to make that decision, which will be posted on
the town website at http://cavecreek.org. We will advise you whether the meeting
is being held or not shortly after 7pm, or earlier if the Town lets us know.
Please be prepared to show up on 4/19/2012 in case you are needed. If the
meeting is held, the public will be allowed to speak on this matter then.
Please stay tuned,
Charles Spitzer
Subscribe to:
Posts (Atom)