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<br />Residents alllege co1Ulll1lcill broke ellec1bl<{})illl ll2lw§
<br />By BRIAN POWELL -(. \' · \[ · The complaint, received by Town council, improperly used Town outcome of Proposition 414 and the The Town will forward the com-
<br />Independent Newspapers t/3/ o t Clerk Lenore Lancaster Dec. 21, resources and personnel on the elec-listing of incumbents running for re-plaint to independent counsel to
<br />1 · • was filed by resident Liz Clendenin tion," resident Paul Manera said. election in the Town Reporte~: determine reasonable cause.
<br />Nine Town residents filed an elec-on behalf of nine Town residents. "Basically, that is why we com-"Over the months, people have William Farrell; who acted as spe-
<br />tion-law complaint against members Seven of the nine residents have ties plained." looked at these things as unethical, cia I prosecutor for the Town against
<br />of the.J>revious and current Paradise to Concerned Residents for the The complaint alleges the Town not realizing at the time it was vio-the CRPT political action commit-
<br />Valiey Town Council alleging state Preservation of the Town, whose Council and staff violated election-lating election law," Ms. Cle;1denin tee. will examine the council's role.
<br />statute violations in regard to cam-political action committee settled an law statutes in three instances-use said. "By the time of the A city clerk from a neighboring
<br />paign fliers, a Proposition 414 rhail-election-law case with the Town last of an official council photo on re-(Proposition 414 card), we had read community will likely analyze the
<br />ing and two editions of the Town month. election fliers, use of the words and re-read statutes because of the , ____ , ___ , __ _
<br />#porter. "We believe tha:t the Town, and "council and staff' to influence the situation we were in." SeeD VIOLATIONS, Page 2
<br />~VIOLATIONS
<br />staff's role, according to Town
<br />Attorney Andrew Miller.
<br />Mr. Miller believes Mr. Farrell and
<br />a city clerk will begin analyzing the
<br />complaint in the next couple weeks.
<br />"We:ll get an independent counsel
<br />to review so people don't say I have
<br />bias or prejudice against people who
<br />employ me:· Mr. Miller said. "It's the
<br />ethical thing to do."
<br />The complaint was filed against
<br />the previous council -Mayor
<br />Edward Lowry, Vice Mayor Dan
<br />Schweiker and councilmembers
<br />Bernie Barry, Richard Gordon,
<br />Virginia Simpson, Robert Williams
<br />and Edwin Winkler-and five mem-
<br />bers of the current council. Mayor
<br />Lowry, Vice Mayor Schweiker and
<br />councilmembers Mr. Barry, Ms.
<br />Simpson and Mr. Winkler.
<br />In the complaint, the residents list
<br />three situations where the Town
<br />Council, and select members of
<br />Town staff, allegedly violated two
<br />statutes. The statutes state, "A city or
<br />town shall not use its personnel,
<br />equipment. materials, buildings or
<br />other resources for the purpose of
<br />influencing the outcomes of elec-
<br />tions," and. "In an attempt to intlu-
<br />ence the outcome of an election. an
<br />individual or committee shall not
<br />deliver or mail any document that ...
<br />falsely simulates a document from
<br />the government of ... a town."
<br />An official council photo was used
<br />on two re-election fliers, distributed
<br />prior to the March 14 election as paid
<br />inserts in the Town of Paradise Valley
<br />Independent. Accor ·: .,. to the com-
<br />From Page 1
<br />plaint, the fliers were handed out Feb.
<br />22 at the Republican Primary polling
<br />location at Ascension Lutheran
<br />Church.
<br />The photo, taken of the seven
<br />1998-2000 councilmembers in the
<br />Town library, was paid for with Town
<br />funds. according to the complaint.
<br />The Town spent $582 on a photogra-
<br />pher(s) for the Town Council during
<br />the 1998-99 fiscal year. There wasn't
<br />a council photographer budget for
<br />1999-2000. Some or all of this
<br />money may have been used for the
<br />council photo.
<br />The fliers themselves were paid for
<br />by the committees to re-elect the
<br />seven councilmembers. It's unknown
<br />if these committees paid for, or for
<br />the rights to, a council photo.
<br />··we felt right from the beginning
<br />when the photo was published, that
<br />was probably an expenditure of
<br />Town funds," resident Bonnie
<br />Mooreman said.
<br />The second situation alleges viola-
<br />tions on the Proposition 414 card
<br />mailed to each Paradise Valley
<br />household shortly before the general
<br />election. The proposition, which was
<br />overwhelmingly approved by the
<br />voters Nov. 7, will increase the
<br />Town's expenditure limitation in
<br />July.
<br />The residents allege the statement
<br />on the card, ''Your council and staff
<br />assure you that we will continue to
<br />be prudent managers of the assets of
<br />your town." violates two statutes. in
<br />patticular, "a city or town shall not
<br />use its personnel ... for the purpose of
<br />influencing the outcomes of elec-
<br />tions."
<br />·•J ust that one statement set us
<br />back," Mrs. Mooreman said. "We
<br />thought it was two people mailing it
<br />out. but with that comment. 'Your
<br />council and staff: we felt there was
<br />more to it."
<br />Finally. the complaint alleges the
<br />Town Reporter, a newsletter mailed
<br />at Town expense to every Paradise
<br />Valk:y home, was used to influence
<br />the March and November elections.
<br />The Tow11 Reporter. "Published
<br />periodically by the Town Council,"
<br />was distributed in January and
<br />October 2000. The complaint
<br />alleges the listing of the names and
<br />titles of the mayor, vice mayor and
<br />coun'cilmembers-who in January
<br />were incumbents running for re-
<br />election -is a violation of the
<br />statutes.
<br />:?,~~z'h~~?w generosi1y, ~p~~~" :'?.~'~'
<br />were not shy about sharing with the Scottsdale Center for the Arts,
<br />others this year. among others.
<br />Town resident Stevie Nicks Unfortunately, Town celebrities
<br />helped raise money for the also had their share of bad luck.
<br />Arizona Heart Institute with her
<br />September benefit concert at
<br />America West Arena. Ms. Nicks
<br />performed with Sheryl Crow,
<br />Chris Isaak, Don Henley and
<br />Lindsey Buckingham.
<br />Longtime Paradise Valley resi-
<br />dent Kax Herberger donated $12
<br />million ~o the Arizona State
<br />University's College of Fine Arts.
<br />In return. they re-named the school
<br />K~!therine K. Herberger College of
<br />Fine Arts.
<br />Paradise Valley rocker Alice
<br />Cooper was the victim of a resi-
<br />dential burglary.
<br />Four gold records were stolen
<br />from the home along with clothing
<br />items belonging to his daughter.
<br />Mr. Cooper was out-of-town at the
<br />time, but two of his children and
<br />his mother were slept through the
<br />burglary.
<br />Suns guard Anfernee Hardaway
<br />faces a misdemeanor charge of
<br />threatening or intimidating after an
<br />incident involving Mr. Hardaway's
<br />girlfriend, Latarsha McCray, at his
<br />Paradise Valley home.
<br />United States Supreme Court
<br />.Justice Sandra Day O'Connor was
<br />honored with the naming of the
<br />downtown Phoenix Sandra Day
<br />O'Connor United States
<br />Cuurthouse.
<br />More than $40 million worth of
<br />grants were made by the Virginia
<br />Galvin Piper Trust in December.
<br />The late Mrs. Virginia Piper was a
<br />longtime Paradise Valley resident
<br />vvho lived along the Cherokee
<br />Wash. The grants will fund a can-
<br />cer center. a gymnasium for The
<br />File photo
<br />Town resident Stevie Nicks helped
<br />raised money for the Arizona Heart
<br />Institute with her September bene-
<br />fit concert at America West Arena.
<br />Mr. Hardaway allegedly intimi-
<br />dated Ms. McCray with a handgun.
<br />The arraignment hearing is sched-
<br />uled to take place on Jan. 3.
<br />Baseball equipment belonging to
<br />Town resident and Cleveland
<br />Indians player Justin Speier was
<br />stolen from the garage of his
<br />Paradise Valley home. The equip-
<br />ment was recovered when the bur-
<br />glar was arrested in Glendale.
<br />Boy-; and Girls Club of Scottsdale.
<br />a perf<lrming arts center for Xavier
<br />College Preparatury. an education
<br />center f(Jr Brophy College
<br />Council
<br />not keen
<br />on entry
<br />gate, sign
<br />By BRIAN POWELL T. f '-i
<br />Independent Newspapers t/3/ o t
<br />The potential approval of the
<br />"Eill'lave in Paradise Valley" subdi-
<br />v IS i( '11 has been put on huld.
<br />The public hearing for both the
<br />preliminary plat and special use per-
<br />llltl l·<n the four-lot subdivision's pri-
<br />vate mad was continued to Jan. II by
<br />the Paradise Valley Town Council.
<br />The preliminary plat of the ~ubdi
<br />v i,torl. on 7.1) acres south of the
<br />-16!11J block of East Indian Bend
<br />R, l~td. and the private cul-de-sac,
<br />\\ c're unanimously approved by the
<br />P~tr:tdt ,e Valley Planning and Zoning
<br />C( •ntrni,sion in November.
<br />At the Dec. 21 meeting, the coun-
<br />cil developed a list of issues for the
<br />applicant to address. The council
<br />requests no permanent subdivision
<br />signage, no entry gate or entry barri-
<br />ers. a memo from Town Engineer
<br />Bill Mead confirming the validity of
<br />a hydrology report. clarity on wash
<br />maintenance and additional money
<br />for neighborhood undergrounding.
<br />"The co unci I telt we needed to
<br />spend a little more time looking at
<br />these issues." Mayor Ed Lowry said
<br />during the meeting.
<br />The application proposes a subdi-
<br />vision wall ~urrounding the four
<br />homes. ThL' drivevvays will face
<br />-lhth PlacL'. the private cul-de-'>ae.
<br />The de~ignated front yard of one
<br />home. at the corne1· of 46th Pl:.!ce
<br />.md Indian Bend Road. will f:.~ce
<br />Indian 8end Road. This is nece~
<br />,ar: to comply with front yard -;et-
<br />had, n:quin:rne'1ts.
<br />The Jan. II Town Cnuncil meeting
<br />hegins at 7 p.m.
<br />The tin~d plat must L'ome back
<br />hcfore the Planning and Zoning
<br />C(llllllli.ssion and Tu\\ n Council for
<br />approval.
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