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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.