From: Michael Chutz <mikechutz@me.com>
Subject: Private forums, open meeting laws and town manager electioneering
Date: February 25, 2013 2:36:16 PM MST
To: 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