Sunday, December 12, 2010

POSITIVE vs NEGATIVE

If our elected and appointed leaders do not meet the minimum standards, should they receive kudos and praise from the public and a pass from the media?

In recent months, the IMPACT program and to a minor degree, the local paper have been criticized for being negative in some of the reporting they have done. Is such criticism justified? Would it be necessary to report the negative activities if those elected and appointed were following just the minimum standards?

Reasonable people believe some of the minimum standards are transparency, openness, fairness, law abiding, accountability, honoring of the law and the codes, and doing all the business of the public in the open.
If our leaders follow the minimum standards, should they be given kudos and praise for doing what they said they would do and what is expected?
If they exceeded the minimum standards, then praise and kudos would be in order.

When they fail to even execute the minimum standards, their actions must be made public, and to the uninitiated, they mistakenly believe that such reporting is negative and unnecessary and certain ones are being picked on.

The need for openness in government trumps the criticism of those who believe otherwise and end up complaining about the media. Citizens have the right to know what is going on. They have a right to know who follows the minimum standard or exceeds it. Likewise, they also have the right to know about those who thwart reasonableness, openness and try to cover up being accountable.

Until all of our leaders, both appointed and elected, follow just the minimum standards and practice the principles of open and accountable leadership, the media will continue to report their actions and its outcomes.
Perhaps it would pay to mention once again, there is no need to criticize the messengers because such reporting will stop as soon as the leaders do what they contracted to do.

Tuesday, November 23, 2010

THE INVESTIGATION

Citizens have an expectation, that if questions are asked of their leaders, there is a reasonable, timely response.
When no such thing happens, it opens the door to a belief, that leaders are not open to transparency and in fact leaves the impression that perhaps there are things that need to be hidden for a reason.

Here is an actual e-mail that was sent to some elected leaders, asking some simple questions.
=====================================================================Date: 10/16/2010

Gentlemen,

It has come to my attention the property sold to Rooftop Anchors in the Industrial Park, may have been sold for less than Market Value.
My questions are:
1. Has the sale already taken place?
2. What was the Sale Price?
3. Was there an appraisal on the property and by whom?
4. How much was the property appraised for?
I found a notice for the Public Hearing dated September 2, 2010, but my source is suggesting the sale was actually agreed to prior to the public hearing and for a fixed amount that may have been for less than value.
I would appreciate your response as soon as possible. If this is a rumor, then we need to nip it.

Thank You.
=====================================================================
Look at the date, it is now November 20, 2010 as of this writing and here is the response:
=====================================================================
(no, it is not invisible ink)


=====================================================================
Yes, this is the response from those leaders who claim they want the citizens to participate and become involved. This is not the first time that citizens have been ignored and mislead, and sadly it will not be the last “no response”.
Since there was no response, the citizen had to investigate on his own and here is what he found.

1. During a meeting before the City Council on August 19, 2010, a discussion ensued between the Council and the representative of Rooftop Anchors. Part of the discussion was the mention of “the contract” the representative wanted some clarification on. Also, it was in this meeting where Councilman McDonald said he wanted to sell closer to Market Value, Councilman Straddeck agreed.
2. A contract did surface with a date of August 23, 2010 with a price of $50,000 dollars per acre. There are two questions: A. What is the “contract” referred to in the August 19, 2010 minutes. B. How did a contract get dated 23rd of August, four days after a discussion in which the Council wanted to sell close to Market Value which had not been determined.
3. September 2, 2010 a public hearing was held on the sale of the property and at this time Councilman Straddeck, who was acting as Mayor pro-tem, said the following: “I would recommend that the Council go into closed session after taking public comment to discuss the price that they would offer the property for sale and any terms of the proposed agreement that cause concern”
4. Finally found out there was an appraisal of the property on September 8, 2010 and it was determined the value was around $344.000., for the total piece of 2.62 aces.

There are four very important questions:

1. What is the “contract” mentioned in the minutes of August 19, 2010.
2. Who created the contract with a date of August 23, 2010, with a sale price of $131,000.00 dollars which was before the public hearing and before the requested appraisal and no where near the “Market Value”?
3. And what was discussed in the so called closed session of September 2, 2010, that was going to be about the price, if a contract price had already been determined back on August 23rd?
4. Did someone exceed their authority and make a determination of price and gave the developers the nod, the price would be $131,000 dollars, prior to the closed session and was a nod also given the buyer, and they did in fact either see a contract prior to August 19th or had been told “not to worry” it was a done deal?

The questions regarding this sale were asked of those involved. There was no response. Investigation was done and the items found have been disclosed.
Now some elected officials may not like what is exposed, but keep in mind they had an opportunity to set the record straight, if indeed, there was really a need to do it.
Once again, it is painfully obvious, Heber City has lost more money on deals that look like they were done in a back room out of the view of the public.
All totaled, the City has lost in excess of 2.5 million dollars, which raises two questions: 1. Who is really in charge?
2. Do we have money to burn, which would suggest the citizens are either over taxed or whom ever is making the decisions does not understand finances, since the losses in the last few years would cover the budget short fall for years to come.

Friday, October 15, 2010

DO YOU REALLY KNOW?

In a recent editorial in a small town newspaper, opinion was submitted to their readers, when carefully read, pointed out how little the editorial writer knew of the workings of Heber City Government. The editor believed the Issue was: “Heber City’s Council wants all the Power.” Little did the writer know, that Heber City Council already has all the Power by code, and are now trying to wrestle it back from the impostors.
It is obvious the writer of the editorial has not done due diligence reviewing the law instead of accepting someone’s idea of what the law might say.

Yes, there is a power struggle going on. But, the cause and the reason is based on the desire of one person who wants to continue doing nothing and one person who wants to do everything, and the council who by law, must guide the city and be responsible.

Recent problems within the City, show that certain ones, still want the status quo, so the current struggle is really over right and wrong. Those on the wrong side are willing to do anything, to keep the status quo and to continue spending money and losing money on projects and issues, of dubious value. They continue to cover for each other and relish not being accountable or in some cases, law abiding.

The thoughts and words for the editorial must have come from someone else who knew as little as the editor. Suspicion has it, based previous printed material, that most of the ideas came from the words of the Mayor and a few misinformed staff members over the last few months.

Today, the Mayor feels threatened, because it seems that if changes take place as currently proposed, he would actually have to provide some leadership and really be a Mayor.
A reasonable person will find it easy to conclude, that if a City Council decides to do something, the Mayor will have provide some real leadership. He is capable of doing it, but so far has not. Council actions as they are proposed, places him in some unfamiliar territory, since for years he has allowed the City Manager to make Mayor decisions, and such action has been covered by the Mayor and a very lazy city council. So when someone says the Mayor lacks leadership, it is not a personal attack, since he has allowed someone else to take his power and he no problem with them using it. When someone says the Mayor and the Councils of the past have been lazy, this is not a personal attack on either one, since the minutes support this actuality. If the Editorial writer had spent some time looking at the minutes, conclusions such as those drawn in the editorial would have been cast aside.
Until a new council came on the scene and started asking questions and seeking information, as they should, the citizens of Heber City were hoodwinked in the past, into thinking, the actions they had seen were the real workings of how a City Government should operate.

The editorial writer accuses the Council of not thinking and then making questionable decisions. This accusation is actually what the Mayor and City Manager said in a public meeting a few months ago. So is the editorial writer really in touch with the government, by looking at the codes, or just accepting second hand information? Would this information really be two handed, one hand from the Mayor and one hand from the City Manager?

What is the City Council really being accused of?
The editorial writer accuses a City Council member of wanting to change the form of Government. No such thing is proposed. In fact to change the form of government requires a vote from the Citizens. And no such vote was taken in 1998, when that council proposed the office of City Manager and since that time, no proposal has been made to do so, although to support certain things and actions, there are those misinformed simpletons, who suggest the government was changed. No City Council has proposed such nonsense. (see minutes from the 1998 council meetings when the office of City Manager was proposed)

The editorial writer discuses as if hey know the different authorities of Heber City Government and how they should operate. When one reads the following, it is obvious who does what and when.

Section 2.04.010 Form.
The municipal government of the city is vested in a mayor and city council and a
city manager. The city council and mayor shall be chosen by the qualified voters of the
city. The city council shall be composed of five council members. (Ord. 2003-25, 2003;
Ord. 98-19, 1998; Ord. 91-05, 1991; Prior code §2-1) (2003-25, Amended, 11/20/2003; 98-19, Amended, 10/15/1998)

The above is taken from the Code of Heber City and the changes made were of recent vintage. 1998 and 2003 when the words “city manager” were included. It should make every citizen worried, you vote for a Mayor and you vote for a Council, but how do you make the City Manager accountable to the voters, if the City Council covers for him as they have in the past and the Mayor protects his decisions, even when they are questionable?

The following from the Heber City Code, outlines what the Mayor can do.

Section 2.08.010 General Duties.
The mayor shall perform the duties which are, or may be prescribed by law, or by
ordinance, and shall see that the laws and ordinances are faithfully executed. (Prior code §2-4)
Section 2.08.020 Mayor Pro Tem--Filling of Vacancy.
A. The mayor shall preside at all meetings and in case of the mayor's temporary
absence or disability, the City Council shall elect one of its number to act as mayor pro tem, who during such absence or disability, shall possess the power of mayor.
B. If a vacancy shall occur in the office of mayor, the city council shall elect a
mayor who shall possess all the rights and powers of mayor until the next municipal election and until a successor is elected and qualified. (Ord. 2003-25, 2003; Ord. 98-19, 1998; Ord. 91-05,1991; Prior code §2-2)
(2003-25, Amended, 11/20/2003; 98-19, Amended, 10/15/1998)

Section 2.08.030 Presiding Officer.
The mayor shall preside at all meetings of the city council, but shall not vote except in
the case of a tie, when he/she shall cast the deciding vote. (Ord. 91-05, 1991; Prior code §2-3)

Section 2.08.050 Appointive Authority.
The mayor shall, by and with the advice and consent of the city council, appoint all
appointive officers provided for by the city ordinances and by statute, and shall appoint all committees authorized by ordinance or resolution of the city council. (Prior code §2-6

If the editorial writer had read the code, instead of hearing the code, and even that was filtered, they would have understood the role of the Mayor.

Now the City Council:
Section 2.12.010 Powers and Duties Generally.
The city council shall perform such duties and have such powers as are now
prescribed, or as may hereafter be prescribed by law or ordinance. (Prior code §2-8)

Section 2.12.020 Regular Meetings.
The governing body shall conduct two regular meetings which shall be held on the first
and third Thursdays of each month at the Heber City Municipal Building at 75 North Main Street, which meetings shall begin promptly at seven p.m.; but if the meeting date is a legal
holiday, then the meeting shall be held at the same time and place described in this section on the day next following that is not a legal holiday. (Ord. 91-05, 1991; Ord. 85-227 §1, 1985: Ord. 83-007 §1, 1983)

Section 2.12.030 Special Meetings.
A. The mayor or any two members of the city council may call a special meeting of
the city council by giving written notice of such meeting to each member of the city council, served personally or left at the councilmember's residence.
B. No vote of the city council shall be reconsidered or rescinded at a special
meeting unless, at such special meeting, there is present as large a number of councilmembers as were present when such vote was taken. (Ord. 91-05, 1991; Prior code §§2-10, 2-13)

Section 2.12.040 Meetings Open to the Public--Voting.
A. The city council shall sit with open doors and shall keep minutes of its
own proceedings provided that it may, when deemed advisable, sit behind closed doors
for the discussion among the members of those matters of interest to the city eligible for
closed session per Utah State Code.
B. The vote by yeas and nays shall be taken upon the passage of all
ordinances, resolutions, and all propositions to create any liability against the city, and in
all other cases at the request of any member, which shall be entered in the minutes of
the proceedings.
C. The concurrence of a majority of the members elected to the city council
shall be necessary to the passage of any such ordinance or proposition. (Ord. 2003-25,
2003; Ord. 91-05, 1991; Prior code §2-11)
(2003-25, Amended, 11/20/2003)

Section 2.12.050 Filling of Vacancies.
If any vacancy occurs in the office of a councilmember for any reason, such vacancy
shall be filled by appointment by the city council for the unexpired term or by an interim
appointment by the city council followed by an election to fill a two-year term in accordance with the requirements of the Utah Code. (Ord. 91-05, 1991; Amended during 1989 codification: prior code §2-12)

In reading the codes, it proffers one to ask this question: “Which office could Heber City be without and continue to operate?”

The last item of the editorial shows lots of misinformation and words to support an idea, which by the way, are the exact words used by the Mayor in a recent meeting, to attack council members over rotation of the board appointments and the so called money they receive for serving.

The minutes and statements of past elected officials support the following facts.
Mayors for years, have used the appointive process for the boards to “pay back” certain council members for their acceptance of doing the Mayor’s bidding. Keep in mind, the Mayor does not vote, but every Mayor worth his salt has had a council member as his go-to-guy. In the case of Mayor Phllips, that council person seems to be Robert Patterson. Current reading of the minutes, show, since Mr. Patterson has been on the Council, he has voted with the Mayor’s ideas, 100 percent of the time.

In creating the reward, there are certain boards that pay more than others and some council members, the minutes reflect this, have never been allowed to serve on a particular higher paying board. Is it because they are not a team player with the Mayor’s team?

It is strange when one understands, the council is over the various boards and if they are not allowed to serve on a particular board from time to time, how will they learn the inter-workings of an agency they may be over?
It is a ridiculous idea, to suggest it is communistic to rotate the service of the Council on the boards and to pool the money received.

The editorial in the end tries to suggest that by putting all the money in one place, is robbing someone of their hard work. Read the minutes of the boards, there is no such thing as hard work. There may be some work, such as coming prepared to discuss an issue, but minutes of the various boards do not suggest that it is hard. And one last item for the editorial writer and the citizens who might read this Blog., many of the boards pay their members, even if they are not attending.

Our editorial writer should think of this: Should the boards be composed of citizens, who pay the bills and are directly affected by an action of a particular board or should we continue to have only elected officials on the boards? Does one become a genius the day after an election?

The words “simpleton”, “absurd and infantile” are really more reflective of the editorial, than any action taken by the current City Council.

Those who attend the meetings, read the minutes, listen to the discussions, ask questions and make contact with those they have elected, will find a wealth of information that will protect them from being misled and labeled a simpleton.

Wednesday, September 08, 2010

POLITICAL TALK

Over the years, if one listens intently to some politicians, there are certain words and phases that are used over and over in their public discourse.
When the words are heard in a reasonable conversation, most of the time, citizens understand what they mean and how they are being used but when politicians use these same words, the meanings are shrouded in mystery and darkness.

The following is a list of words with their political meanings:

1. HELD ACCOUNTABLE- This means that as your leaders, we dropped the ball and we are tying to find a scrape goat and at this time we will blame anyone and everyone including the innocent.

2. MAKE NO MISTAKE- We are leading you down this particular path, because if you really think about it, you will know we created the problem, but we do not want you to come to than conclusion.

3. SAVED OR CREATED- When these words are used in the same sentence, it means we have really done nothing but if we blow enough smoke and post enough mirrors, we will be able to sell you anything.

4. INHERITED- This word means we have a problem, because we created a problem some time back and it did not go away like we thought it would, so now we have an inherited problem.

5. FISCAL RESPONSIBILITY- When politicians use these words, there are two things that citizens need to know. Politicians have no idea what the words mean, but they sound good and make great sound bites for the media to report and they know it makes citizens feel warm and fuzzy.

6. UNPRECEDENTED- This word means the train of irresponsibility ran us over and we did not see it until it was too late.

7. TRANSPARENT OR TRANSPARENCY-When these words are used, they are cover words, and it is the hope of those using them, that you will believe they are actually part of the decision making and openness that really does not exist.

8. THAT’S SIMPLY NOT TRUE- Truth is in the eye of the beholder and you as a citizen have discovered the real facts and now you know what is true, but we will continue to try and sway you to our line of thinking.

9. THE SYSTEM IS BROKEN- Yes the system is broken, because we broke it and if we confess the system is broken, hopefully you will not remember that we broke it.

10. RESTORE OUR REPUTATION- We really do not have a reputation to restore, but we are working on it.

11. CHOICE AND COMPETITION- When these two words are seen in the same sentence or heard in a public discourse, rest assured there is no such thing as choice, since we have already made the decision for you and there is no such thing as competition, since we believe “if we can not reward ourselves or our family and friends there is no need for us to serve.”

Sunday, July 11, 2010

THE LETTER

NOTE:
This letter was received prior to the IMPACT program going on the air one morning. I am unsure of the source or the author.. But it does contain certain facts that can be supported by source information or found in city minutes. But also, like most unsigned letters, it does contain interpolations and unsupported allegations. It is printed here for information only and should not be construed to represent any fact, person or thing. There is no information as to whom this letter is being addressed to.



I am writing you in regards to your request that I share some of the reasons I am leaving. I want you to know that the decision for me to leave Heber City was not an easy decision. I feel that there is a lot of work that needs to be done within the city and I have a hard time walking away from a job that I feel is only partially completed. Having said that, there were factors that made the decision easier for my wife and I. Below is a list of some of the factors that lead me to make the decision I did. I am being honest, and not pulling any punches. I really appreciate your desire to understand why I made the decision I did. I feel that a true man is one who seeks to gain understanding from all sources, so thank you.
ò The attitude of the City Council towards staff, boards and commissions. I recognize that this is not a universal attitude shared by all members of the City Council. There is an attitude that staff is expendable, boards are incompetent and the City Council is superior over all. It was very disheartening to see the budget process unfold and have the Council feel that it was acceptable to reduce benefits and pay to employees who are paid less than most across the state, and who had not received an increase in pay (including COLA) in the last two years. The employees had already made sacrifices, but the Council seemed to think that the employees should be comfortable sacrificing more so that the Council has a good report with the public and can get reelected again. The closed minded approach that was taken is honestly scary. I have a hard time understanding how cutting employees and decreasing moral of the employees of a city benefits the general public of that city. Sure it does balance the budget, but at what cost? What happens when all the knowledge and experience is gone? Also, I was somewhat offended that the City Council was willing to pay $7,000-$15,000 to help Mr. Miller install sidewalk, curb and asphalt, when he was required by an agreement he signed to do those things; yet employee raises are out of question. How are the employees of Heber City supposed to feel good about making cuts when "the public" can walk in and get whatever it wants by asking in a public meeting? It seems as if decisions are made which will make the Council look good at the moment, but they have lasting effects. It seems as if the Council doesn't always have the entire public good in mind when making decisions. How is it fair for the general public to pay for Mr. Miller's sidewalk and asphalt which he knew he had to install when he subdivided his property? How can the Council say no to Ivory homes when it comes in and asks the same question? By
making decisions based on an individual, or based on helping an individual, it leads to
inconsistent decisions and direction. Another issue that comes to mind is the airport service building. The Council appointed members to the Airport Board to help make decisions easier. The board makes a recommendation, and the Council could care less about it. They want to make the decision on their own. If the Council was so interested in the presentations for the building proposals, why didn't they go to the meeting with the Airport Board when they were invited? Instead the Council has wasted 3-4 months because they what to make the decision on their own. They don't want to be influenced by a board that was created to give them a recommendation on decisions like this. In what world does that make sense?
ò The lack of vision that has been shown by the Council. The Council has no desire to better the community. One example that comes to mind is when Paul Kennard came before the Council and had a desire to move forward with some development on the 40 acre piece of land by the airport. Instead of exploring options to bring some jobs to the valley the Council wants to just let that land sit. The airport is another area of concern. The airport is a huge asset for the city, but the Council treats it like it is a plague. I understand that the hangers have not sold like projected, but you don't give the farm away when the corn is a week or two coming up. I have heard that there is a feeling that Heber City is completely developed and there is no need for a Planning Department. Granted I did not hear this myself, but I have to admit that I can believe that other members of the City Council feel this way. Heber City has so much potential. There are so many good things that are possible, if the leadership of the City start looking down the road. There are numerous cities in the state that are doing all they can to bring businesses into their communities, yet Heber City has Council members doing all they can to drive away the biggest retailer in the country.
ò The lack of community identity. I feel that Heber City really struggles with an identity. When one talks about Park City it is clear what the city is and what is important to the city. Heber City does not have an identity that everyone buys into or even understands. I know Heber is very unique with the diversity of people and backgrounds it has but that is no reason to not be unified in understanding who we are and where the city is headed. The General Plan is a document that is intended to help bring this unity and vision, but it is under utilized by the City. The other point I would like to make is the lack of involvement with the community the City has. The City is quickly becoming a water and sewer district alone. Heber City has a record of letting others including Wasatch County take the lead in the community. Heber City offers no community fairs or festivals. Heber City has no recreation department or offers no recreational activities. These may seem like small things, but these are the things communities come together for. Those are the things the community takes pride in.
ò The lack of desire to gain understanding by the leadership of the City. When the two new City Council member were elected last winter, one of them failed to show up for any training offered by the staff. There was no desire to understand what staff does, what the goals are for the city, or how things operate. It is hard to ignore the arrogance of certain members of the Council and their belief that they know everything, without any input from others outside their social circle. Heber City paid for training for the Council to go to St. George several months ago. One Council member didn't go. He had a good excuse I'm sure. I felt it was a slap in the face of city employees when the city pays for a conference and then the Council member doesn't even show up. He expects us to be okay with cuts, while he wastes money. I have felt at times that members of the Council have sought the advice of those outside of the City rather than coming to the source, staff. I have also struggled with the fact that certain Council members feel that they are above the city ordinances. To have someone get elected to the City Council when they have been operating a business within the City limits for years without a business license completely floored me. Another Council member built a huge garage without a building permit, and on at least three other times has done things in direct violation of Heber City ordinances, yet doesn't care. How can an organization survive when the leadership doesn't support the very thing it has sworn to uphold?
ò The last factor is more of an internal issue that has concerned me for a long time. Within the planning department we have a huge lack of leadership and organization. This has lead to what
I feel to be huge inefficiency. There have been a lot of responsibilities that I feel are the Planning Departments that have been farmed out to other departments. The amount of output from the Planning Department has been weak at best. I understand that this situation may be changing in September, but I feel that it is long overdue. With staff this change was necessary years ago. Once this change is made I know that the Planning Department can make huge leaps ahead as far as efficiency, organization and involvement with the community. I also want you to know that Tony cannot be the lone planner for this community. Tony has amazing abilities, but to place the whole load of planning on him would be detrimental. Please push hard to find him adequate help with his duties. Unfortunately the problems with employees not pulling their own weight is not limited to the Planning Department. As I have talked with others in different departments there are those that take advantage of Heber City's somewhat lax performance standards. I am not sure if the City Council is aware or receives updates about complaints made against employees, but I feel it would be beneficial if the Council was aware of those complaints as well as employees performance reviews. No organization can succeed when % of the employees carry the other %.
The ideas I listed above may be offensive to some, but keep in mind they are my opinions. In no way am I saying that I have all the answers and that my way is the right way. From my experience and perspective I feel the above issues to be a factor in my decision to leave Heber City. I do not have an axe to grind and I am not a disgruntled employing trying to bring down the organization that did me wrong. I enjoyed my time here in Heber City, and I am sad to see it end, but it is my decision. I feel there is so much potential in this town. I think now more than ever there needs to be more public involvement, as well as stronger leadership. There needs to be some pride injected back into the community and this may be difficult without the support of staff. The employees of Heber City are hired to help accomplish the vision and goals the Council has, not to be a road block.
I hope my thoughts can help in some way. I am not opposed to you sharing them with others, if
it can help Heber City.

Sunday, June 20, 2010

HEBER CITY MANAGER AND MAYOR HAVE CROSSED THE LINE

The workings of Government are very complex and requires a certain amount of dedication on the part of its leaders and participation by citizens to keep it honest and above board.

Heber City government in the last few years has taken a turn for the worse when it comes to producing budgets. The City Manager has, with the blessings of the Mayor and previous City Councils, turned budget making into documents of fraud. Inflated revenues, even some from sources that do not exist, have allowed unreasonable expenditures. And when pointed out, the Mayor, the City Manager and some members of the council have circled the wagons in an effort to mislead the citizens into thinking all is well.

The minutes from 2007, 2008 and 2009 show budget meetings being held, but the outcome was always the same. Co-mingling of funds, taking from the rainy day fund, and inflating the revenue streams. The fact Heber City spent money in 2008 and 2009 that was promised to come from the Boyer development which did not exist, did not stop the madness.

In a recent City Council meeting, the Council, with the exception of Straddeck and Patterson, since they already knew what they were going to do, since they had been doing it in the previous two years, asked the City Manager to balance the budget and if necessary include even some personnel changes. This request was the fourth one given to the City Manager. The results were pretty much the same with one exception, the City manager let it be known this time, he was not going to do what he was asked to do by the council.
For the City Manager to do this, his reasoning and that of the Mayor’s, was shallow and in reality incorrect when they reported to the Council, he did not need to comply since basically the council was not in charge.

Insubordination and the Sedition the Manager and Mayor have been involved with, over the last little while, is without precedence.

Because of the insubordination and sedition of the Manager and the Mayor which involved City employees, it now requires, if the goal of all citizens is for better and more open government, for the City Manager to resign. Mark Anderson has made a great miscalculation with the Mayor aiding and abetting his actions.

The call must also be from those that believe in government by and for the people and adherence to law for Mr. Anderson to resign. His value as the City Manager has been compromised and his worth to good solid government is now in question.

The Mayor, due to his lack of a firm commitment to good government, and since he has been aiding and abetting the actions of the City Manager and encouraging two Councilman to be his voice in council meetings and not the voice of the people, he to, should also resign. His leadership in allowing the insubordination to go on and for encouraging sedition which involved the employees of the City is very unseemly. (employees, when discussing their real feelings when the Mayor or City Manager is not around, say they have no confidence in either one. And even though the Mayor has published accounts of how he has spoken with employees and so forth, they felt they had to give the company line, since what they told the Mayor would be repeated to the City Manager, who by word and deed does not accept any insubordination from the people he may supervise and has threatened to fire those for the very thing he is now involved with.)
The Morale of City Employees has nothing to do with the new members of the Council as the City Manager and Mayor contend, but everything to do with the Manager and his assistant, the Mayor.

The solution for the city problems are simple but require some actions from the following people:
The City Manager resigns for insubordination and sedition.
The Mayor resigns for encouraging the insubordination and the sedition. Chances are he will not, so at the very least, he needs to start providing some leadership and take back the power given to him by law.
Councilmen Patterson and Straddeck need to quit rubber stamping the decisions of the un-elected and start doing their home work and becoming the leaders they promised to be. They owe the next 18 months to the people. And if they have no desire to do the right thing, they too should resign, so the people and good government are not held hostage. 18 more months of their continued foolishness is too long.

The future action taken by the City Manager, the Mayor and Councilmen Straddeck and Patterson, will show how good of public servants they really are and how much they support the rule of law and good government.

Wednesday, May 19, 2010

THE ARIZONA IMMIGRATION LAW

- i -
Senate Engrossed
State of Arizona
Senate
Forty-ninth Legislature
Second Regular Session
2010
SENATE BILL 1070
AN ACT
AMENDING TITLE 11, CHAPTER 7, ARIZONA REVISED STATUTES, BY ADDING ARTICLE 8;
AMENDING TITLE 13, CHAPTER 15, ARIZONA REVISED STATUTES, BY ADDING SECTION
13-1509; AMENDING SECTION 13-2319, ARIZONA REVISED STATUTES; AMENDING TITLE
13, CHAPTER 29, ARIZONA REVISED STATUTES, BY ADDING SECTIONS 13-2928 AND
13-2929; AMENDING SECTIONS 23-212, 23-212.01, 23-214 AND 28-3511, ARIZONA
REVISED STATUTES; AMENDING TITLE 41, CHAPTER 12, ARTICLE 2, ARIZONA REVISED
STATUTES, BY ADDING SECTION 41-1724; RELATING TO UNLAWFULLY PRESENT ALIENS.
(TEXT OF BILL BEGINS ON NEXT PAGE)
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1 Be it enacted by the Legislature of the State of Arizona:
2 Section 1. Intent
3 The legislature finds that there is a compelling interest in the
4 cooperative enforcement of federal immigration laws throughout all of
5 Arizona. The legislature declares that the intent of this act is to make
6 attrition through enforcement the public policy of all state and local
7 government agencies in Arizona. The provisions of this act are intended to
8 work together to discourage and deter the unlawful entry and presence of
9 aliens and economic activity by persons unlawfully present in the United
10 States.
11 Sec. 2. Title 11, chapter 7, Arizona Revised Statutes, is amended by
12 adding article 8, to read:
13 ARTICLE 8. ENFORCEMENT OF IMMIGRATION LAWS
14 11-1051. Cooperation and assistance in enforcement of
15 immigration laws; indemnification
16 A. NO OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR
17 OTHER POLITICAL SUBDIVISION OF THIS STATE MAY ADOPT A POLICY THAT LIMITS OR
18 RESTRICTS THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS TO LESS THAN THE FULL
19 EXTENT PERMITTED BY FEDERAL LAW.
20 B. FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR AGENCY
21 OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS
22 STATE WHERE REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO IS
23 UNLAWFULLY PRESENT IN THE UNITED STATES, A REASONABLE ATTEMPT SHALL BE MADE,
24 WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON. THE
25 PERSON'S IMMIGRATION STATUS SHALL BE VERIFIED WITH THE FEDERAL GOVERNMENT
26 PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c).
27 C. IF AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES IS
28 CONVICTED OF A VIOLATION OF STATE OR LOCAL LAW, ON DISCHARGE FROM
29 IMPRISONMENT OR ASSESSMENT OF ANY FINE THAT IS IMPOSED, THE ALIEN SHALL BE
30 TRANSFERRED IMMEDIATELY TO THE CUSTODY OF THE UNITED STATES IMMIGRATION AND
31 CUSTOMS ENFORCEMENT OR THE UNITED STATES CUSTOMS AND BORDER PROTECTION.
32 D. NOTWITHSTANDING ANY OTHER LAW, A LAW ENFORCEMENT AGENCY MAY
33 SECURELY TRANSPORT AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES
34 AND WHO IS IN THE AGENCY'S CUSTODY TO A FEDERAL FACILITY IN THIS STATE OR TO
35 ANY OTHER POINT OF TRANSFER INTO FEDERAL CUSTODY THAT IS OUTSIDE THE
36 JURISDICTION OF THE LAW ENFORCEMENT AGENCY.
37 E. A LAW ENFORCEMENT OFFICER, WITHOUT A WARRANT, MAY ARREST A PERSON
38 IF THE OFFICER HAS PROBABLE CAUSE TO BELIEVE THAT THE PERSON HAS COMMITTED
39 ANY PUBLIC OFFENSE THAT MAKES THE PERSON REMOVABLE FROM THE UNITED STATES.
40 F. EXCEPT AS PROVIDED IN FEDERAL LAW, OFFICIALS OR AGENCIES OF THIS
41 STATE AND COUNTIES, CITIES, TOWNS AND OTHER POLITICAL SUBDIVISIONS OF THIS
42 STATE MAY NOT BE PROHIBITED OR IN ANY WAY BE RESTRICTED FROM SENDING,
43 RECEIVING OR MAINTAINING INFORMATION RELATING TO THE IMMIGRATION STATUS OF
44 ANY INDIVIDUAL OR EXCHANGING THAT INFORMATION WITH ANY OTHER FEDERAL, STATE
45 OR LOCAL GOVERNMENTAL ENTITY FOR THE FOLLOWING OFFICIAL PURPOSES:
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1 1. DETERMINING ELIGIBILITY FOR ANY PUBLIC BENEFIT, SERVICE OR LICENSE
2 PROVIDED BY ANY FEDERAL, STATE, LOCAL OR OTHER POLITICAL SUBDIVISION OF THIS
3 STATE.
4 2. VERIFYING ANY CLAIM OF RESIDENCE OR DOMICILE IF DETERMINATION OF
5 RESIDENCE OR DOMICILE IS REQUIRED UNDER THE LAWS OF THIS STATE OR A JUDICIAL
6 ORDER ISSUED PURSUANT TO A CIVIL OR CRIMINAL PROCEEDING IN THIS STATE.
7 3. CONFIRMING THE IDENTITY OF ANY PERSON WHO IS DETAINED.
8 4. IF THE PERSON IS AN ALIEN, DETERMINING WHETHER THE PERSON IS IN
9 COMPLIANCE WITH THE FEDERAL REGISTRATION LAWS PRESCRIBED BY TITLE II, CHAPTER
10 7 OF THE FEDERAL IMMIGRATION AND NATIONALITY ACT.
11 G. A PERSON MAY BRING AN ACTION IN SUPERIOR COURT TO CHALLENGE ANY
12 OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL
13 SUBDIVISION OF THIS STATE THAT ADOPTS OR IMPLEMENTS A POLICY THAT LIMITS OR
14 RESTRICTS THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS TO LESS THAN THE FULL
15 EXTENT PERMITTED BY FEDERAL LAW. IF THERE IS A JUDICIAL FINDING THAT AN
16 ENTITY HAS VIOLATED THIS SECTION, THE COURT SHALL ORDER ANY OF THE FOLLOWING:
17 1. THAT THE PERSON WHO BROUGHT THE ACTION RECOVER COURT COSTS AND
18 ATTORNEY FEES.
19 2. THAT THE ENTITY PAY A CIVIL PENALTY OF NOT LESS THAN ONE THOUSAND
20 DOLLARS AND NOT MORE THAN FIVE THOUSAND DOLLARS FOR EACH DAY THAT THE POLICY
21 HAS REMAINED IN EFFECT AFTER THE FILING OF AN ACTION PURSUANT TO THIS
22 SUBSECTION.
23 H. A COURT SHALL COLLECT THE CIVIL PENALTY PRESCRIBED IN SUBSECTION G
24 AND REMIT THE CIVIL PENALTY TO THE DEPARTMENT OF PUBLIC SAFETY FOR DEPOSIT IN
25 THE GANG AND IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT MISSION FUND
26 ESTABLISHED BY SECTION 41-1724.
27 I. A LAW ENFORCEMENT OFFICER IS INDEMNIFIED BY THE LAW ENFORCEMENT
28 OFFICER'S AGENCY AGAINST REASONABLE COSTS AND EXPENSES, INCLUDING ATTORNEY
29 FEES, INCURRED BY THE OFFICER IN CONNECTION WITH ANY ACTION, SUIT OR
30 PROCEEDING BROUGHT PURSUANT TO THIS SECTION TO WHICH THE OFFICER MAY BE A
31 PARTY BY REASON OF THE OFFICER BEING OR HAVING BEEN A MEMBER OF THE LAW
32 ENFORCEMENT AGENCY, EXCEPT IN RELATION TO MATTERS IN WHICH THE OFFICER IS
33 ADJUDGED TO HAVE ACTED IN BAD FAITH.
34 J. THIS SECTION SHALL BE IMPLEMENTED IN A MANNER CONSISTENT WITH
35 FEDERAL LAWS REGULATING IMMIGRATION, PROTECTING THE CIVIL RIGHTS OF ALL
36 PERSONS AND RESPECTING THE PRIVILEGES AND IMMUNITIES OF UNITED STATES
37 CITIZENS.
38 Sec. 3. Title 13, chapter 15, Arizona Revised Statutes, is amended by
39 adding section 13-1509, to read:
40 13-1509. Trespassing by illegal aliens; assessment; exception;
41 classification
42 A. IN ADDITION TO ANY VIOLATION OF FEDERAL LAW, A PERSON IS GUILTY OF
43 TRESPASSING IF THE PERSON IS BOTH:
44 1. PRESENT ON ANY PUBLIC OR PRIVATE LAND IN THIS STATE.
45 2. IN VIOLATION OF 8 UNITED STATES CODE SECTION 1304(e) OR 1306(a).
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1 B. IN THE ENFORCEMENT OF THIS SECTION, THE FINAL DETERMINATION OF AN
2 ALIEN'S IMMIGRATION STATUS SHALL BE DETERMINED BY EITHER:
3 1. A LAW ENFORCEMENT OFFICER WHO IS AUTHORIZED BY THE FEDERAL
4 GOVERNMENT TO VERIFY OR ASCERTAIN AN ALIEN'S IMMIGRATION STATUS.
5 2. A LAW ENFORCEMENT OFFICER OR AGENCY COMMUNICATING WITH THE UNITED
6 STATES IMMIGRATION AND CUSTOMS ENFORCEMENT OR THE UNITED STATES BORDER
7 PROTECTION PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c).
8 C. A PERSON WHO IS SENTENCED PURSUANT TO THIS SECTION IS NOT ELIGIBLE
9 FOR SUSPENSION OR COMMUTATION OF SENTENCE OR RELEASE ON ANY BASIS UNTIL THE
10 SENTENCE IMPOSED IS SERVED.
11 D. IN ADDITION TO ANY OTHER PENALTY PRESCRIBED BY LAW, THE COURT SHALL
12 ORDER THE PERSON TO PAY JAIL COSTS AND AN ADDITIONAL ASSESSMENT IN THE
13 FOLLOWING AMOUNTS:
14 1. AT LEAST FIVE HUNDRED DOLLARS FOR A FIRST VIOLATION.
15 2. TWICE THE AMOUNT SPECIFIED IN PARAGRAPH 1 OF THIS SUBSECTION IF THE
16 PERSON WAS PREVIOUSLY SUBJECT TO AN ASSESSMENT PURSUANT TO THIS SUBSECTION.
17 E. A COURT SHALL COLLECT THE ASSESSMENTS PRESCRIBED IN SUBSECTION D OF
18 THIS SECTION AND REMIT THE ASSESSMENTS TO THE DEPARTMENT OF PUBLIC SAFETY,
19 WHICH SHALL ESTABLISH A SPECIAL SUBACCOUNT FOR THE MONIES IN THE ACCOUNT
20 ESTABLISHED FOR THE GANG AND IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT
21 MISSION APPROPRIATION. MONIES IN THE SPECIAL SUBACCOUNT ARE SUBJECT TO
22 LEGISLATIVE APPROPRIATION FOR DISTRIBUTION FOR GANG AND IMMIGRATION
23 ENFORCEMENT AND FOR COUNTY JAIL REIMBURSEMENT COSTS RELATING TO ILLEGAL
24 IMMIGRATION.
25 F. THIS SECTION DOES NOT APPLY TO A PERSON WHO MAINTAINS AUTHORIZATION
26 FROM THE FEDERAL GOVERNMENT TO REMAIN IN THE UNITED STATES.
27 G. A VIOLATION OF THIS SECTION IS A CLASS 1 MISDEMEANOR, EXCEPT THAT A
28 VIOLATION OF THIS SECTION IS:
29 1. A CLASS 3 FELONY IF THE PERSON VIOLATES THIS SECTION WHILE IN
30 POSSESSION OF ANY OF THE FOLLOWING:
31 (a) A DANGEROUS DRUG AS DEFINED IN SECTION 13-3401.
32 (b) PRECURSOR CHEMICALS THAT ARE USED IN THE MANUFACTURING OF
33 METHAMPHETAMINE IN VIOLATION OF SECTION 13-3404.01.
34 (c) A DEADLY WEAPON OR A DANGEROUS INSTRUMENT, AS DEFINED IN SECTION
35 13-105.
36 (d) PROPERTY THAT IS USED FOR THE PURPOSE OF COMMITTING AN ACT OF
37 TERRORISM AS PRESCRIBED IN SECTION 13-2308.01.
38 2. A CLASS 4 FELONY IF THE PERSON EITHER:
39 (a) IS CONVICTED OF A SECOND OR SUBSEQUENT VIOLATION OF THIS SECTION.
40 (b) WITHIN SIXTY MONTHS BEFORE THE VIOLATION, HAS BEEN REMOVED FROM
41 THE UNITED STATES PURSUANT TO 8 UNITED STATES CODE SECTION 1229a OR HAS
42 ACCEPTED A VOLUNTARY REMOVAL FROM THE UNITED STATES PURSUANT TO 8 UNITED
43 STATES CODE SECTION 1229c.
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1 Sec. 4. Section 13-2319, Arizona Revised Statutes, is amended to read:
2 13-2319. Smuggling; classification; definitions
3 A. It is unlawful for a person to intentionally engage in the
4 smuggling of human beings for profit or commercial purpose.
5 B. A violation of this section is a class 4 felony.
6 C. Notwithstanding subsection B of this section, a violation of this
7 section:
8 1. Is a class 2 felony if the human being who is smuggled is under
9 eighteen years of age and is not accompanied by a family member over eighteen
10 years of age or the offense involved the use of a deadly weapon or dangerous
11 instrument.
12 2. Is a class 3 felony if the offense involves the use or threatened
13 use of deadly physical force and the person is not eligible for suspension of
14 sentence, probation, pardon or release from confinement on any other basis
15 except pursuant to section 31-233, subsection A or B until the sentence
16 imposed by the court is served, the person is eligible for release pursuant
17 to section 41-1604.07 or the sentence is commuted.
18 D. Chapter 10 of this title does not apply to a violation of
19 subsection C, paragraph 1 of this section.
20 E. NOTWITHSTANDING ANY OTHER LAW, A PEACE OFFICER MAY LAWFULLY STOP
21 ANY PERSON WHO IS OPERATING A MOTOR VEHICLE IF THE OFFICER HAS REASONABLE
22 SUSPICION TO BELIEVE THE PERSON IS IN VIOLATION OF ANY CIVIL TRAFFIC LAW AND
23 THIS SECTION.
24 E. F. For the purposes of this section:
25 1. "Family member" means the person's parent, grandparent, sibling or
26 any other person who is related to the person by consanguinity or affinity to
27 the second degree.
28 2. "Procurement of transportation" means any participation in or
29 facilitation of transportation and includes:
30 (a) Providing services that facilitate transportation including travel
31 arrangement services or money transmission services.
32 (b) Providing property that facilitates transportation, including a
33 weapon, a vehicle or other means of transportation or false identification,
34 or selling, leasing, renting or otherwise making available a drop house as
35 defined in section 13-2322.
36 3. "Smuggling of human beings" means the transportation, procurement
37 of transportation or use of property or real property by a person or an
38 entity that knows or has reason to know that the person or persons
39 transported or to be transported are not United States citizens, permanent
40 resident aliens or persons otherwise lawfully in this state or have attempted
41 to enter, entered or remained in the United States in violation of law.
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1 Sec. 5. Title 13, chapter 29, Arizona Revised Statutes, is amended by
2 adding sections 13-2928 and 13-2929, to read:
3 13-2928. Unlawful stopping to hire and pick up passengers for
4 work; unlawful application, solicitation or
5 employment; classification; definitions
6 A. IT IS UNLAWFUL FOR AN OCCUPANT OF A MOTOR VEHICLE THAT IS STOPPED
7 ON A STREET, ROADWAY OR HIGHWAY TO ATTEMPT TO HIRE OR HIRE AND PICK UP
8 PASSENGERS FOR WORK AT A DIFFERENT LOCATION IF THE MOTOR VEHICLE BLOCKS OR
9 IMPEDES THE NORMAL MOVEMENT OF TRAFFIC.
10 B. IT IS UNLAWFUL FOR A PERSON TO ENTER A MOTOR VEHICLE THAT IS
11 STOPPED ON A STREET, ROADWAY OR HIGHWAY IN ORDER TO BE HIRED BY AN OCCUPANT
12 OF THE MOTOR VEHICLE AND TO BE TRANSPORTED TO WORK AT A DIFFERENT LOCATION IF
13 THE MOTOR VEHICLE BLOCKS OR IMPEDES THE NORMAL MOVEMENT OF TRAFFIC.
14 C. IT IS UNLAWFUL FOR A PERSON WHO IS UNLAWFULLY PRESENT IN THE UNITED
15 STATES AND WHO IS AN UNAUTHORIZED ALIEN TO KNOWINGLY APPLY FOR WORK, SOLICIT
16 WORK IN A PUBLIC PLACE OR PERFORM WORK AS AN EMPLOYEE OR INDEPENDENT
17 CONTRACTOR IN THIS STATE.
18 D. A VIOLATION OF THIS SECTION IS A CLASS 1 MISDEMEANOR.
19 E. FOR THE PURPOSES OF THIS SECTION:
20 1. "SOLICIT" MEANS VERBAL OR NONVERBAL COMMUNICATION BY A GESTURE OR A
21 NOD THAT WOULD INDICATE TO A REASONABLE PERSON THAT A PERSON IS WILLING TO BE
22 EMPLOYED.
23 2. "UNAUTHORIZED ALIEN" MEANS AN ALIEN WHO DOES NOT HAVE THE LEGAL
24 RIGHT OR AUTHORIZATION UNDER FEDERAL LAW TO WORK IN THE UNITED STATES AS
25 DESCRIBED IN 8 UNITED STATES CODE SECTION 1324a(h)(3).
26 13-2929. Unlawful transporting, moving, concealing, harboring
27 or shielding of unlawful aliens; vehicle
28 impoundment; classification
29 A. IT IS UNLAWFUL FOR A PERSON WHO IS IN VIOLATION OF A CRIMINAL
30 OFFENSE TO:
31 1. TRANSPORT OR MOVE OR ATTEMPT TO TRANSPORT OR MOVE AN ALIEN IN THIS
32 STATE IN A MEANS OF TRANSPORTATION IF THE PERSON KNOWS OR RECKLESSLY
33 DISREGARDS THE FACT THAT THE ALIEN HAS COME TO, HAS ENTERED OR REMAINS IN THE
34 UNITED STATES IN VIOLATION OF LAW.
35 2. CONCEAL, HARBOR OR SHIELD OR ATTEMPT TO CONCEAL, HARBOR OR SHIELD
36 AN ALIEN FROM DETECTION IN ANY PLACE IN THIS STATE, INCLUDING ANY BUILDING OR
37 ANY MEANS OF TRANSPORTATION, IF THE PERSON KNOWS OR RECKLESSLY DISREGARDS THE
38 FACT THAT THE ALIEN HAS COME TO, HAS ENTERED OR REMAINS IN THE UNITED STATES
39 IN VIOLATION OF LAW.
40 3. ENCOURAGE OR INDUCE AN ALIEN TO COME TO OR RESIDE IN THIS STATE IF
41 THE PERSON KNOWS OR RECKLESSLY DISREGARDS THE FACT THAT SUCH COMING TO,
42 ENTERING OR RESIDING IN THIS STATE IS OR WILL BE IN VIOLATION OF LAW.
43 B. A MEANS OF TRANSPORTATION THAT IS USED IN THE COMMISSION OF A
44 VIOLATION OF THIS SECTION IS SUBJECT TO MANDATORY VEHICLE IMMOBILIZATION OR
45 IMPOUNDMENT PURSUANT TO SECTION 28-3511.
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1 C. A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A CLASS 1
2 MISDEMEANOR AND IS SUBJECT TO A FINE OF AT LEAST ONE THOUSAND DOLLARS, EXCEPT
3 THAT A VIOLATION OF THIS SECTION THAT INVOLVES TEN OR MORE ILLEGAL ALIENS IS
4 A CLASS 6 FELONY AND THE PERSON IS SUBJECT TO A FINE OF AT LEAST ONE THOUSAND
5 DOLLARS FOR EACH ALIEN WHO IS INVOLVED.
6 Sec. 6. Section 23-212, Arizona Revised Statutes, is amended to read:
7 23-212. Knowingly employing unauthorized aliens; prohibition;
8 false and frivolous complaints; violation;
9 classification; license suspension and revocation;
10 affirmative defense
11 A. An employer shall not knowingly employ an unauthorized alien. If,
12 in the case when an employer uses a contract, subcontract or other
13 independent contractor agreement to obtain the labor of an alien in this
14 state, the employer knowingly contracts with an unauthorized alien or with a
15 person who employs or contracts with an unauthorized alien to perform the
16 labor, the employer violates this subsection.
17 B. The attorney general shall prescribe a complaint form for a person
18 to allege a violation of subsection A of this section. The complainant shall
19 not be required to list the complainant's social security number on the
20 complaint form or to have the complaint form notarized. On receipt of a
21 complaint on a prescribed complaint form that an employer allegedly knowingly
22 employs an unauthorized alien, the attorney general or county attorney shall
23 investigate whether the employer has violated subsection A of this section.
24 If a complaint is received but is not submitted on a prescribed complaint
25 form, the attorney general or county attorney may investigate whether the
26 employer has violated subsection A of this section. This subsection shall
27 not be construed to prohibit the filing of anonymous complaints that are not
28 submitted on a prescribed complaint form. The attorney general or county
29 attorney shall not investigate complaints that are based solely on race,
30 color or national origin. A complaint that is submitted to a county attorney
31 shall be submitted to the county attorney in the county in which the alleged
32 unauthorized alien is or was employed by the employer. The county sheriff or
33 any other local law enforcement agency may assist in investigating a
34 complaint. When investigating a complaint, the attorney general or county
35 attorney shall verify the work authorization of the alleged unauthorized
36 alien with the federal government pursuant to 8 United States Code section
37 1373(c). A state, county or local official shall not attempt to
38 independently make a final determination on whether an alien is authorized to
39 work in the United States. An alien's immigration status or work
40 authorization status shall be verified with the federal government pursuant
41 to 8 United States Code section 1373(c). A person who knowingly files a
42 false and frivolous complaint under this subsection is guilty of a class 3
43 misdemeanor.
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1 C. If, after an investigation, the attorney general or county attorney
2 determines that the complaint is not false and frivolous:
3 1. The attorney general or county attorney shall notify the United
4 States immigration and customs enforcement of the unauthorized alien.
5 2. The attorney general or county attorney shall notify the local law
6 enforcement agency of the unauthorized alien.
7 3. The attorney general shall notify the appropriate county attorney
8 to bring an action pursuant to subsection D of this section if the complaint
9 was originally filed with the attorney general.
10 D. An action for a violation of subsection A of this section shall be
11 brought against the employer by the county attorney in the county where the
12 unauthorized alien employee is or was employed by the employer. The county
13 attorney shall not bring an action against any employer for any violation of
14 subsection A of this section that occurs before January 1, 2008. A second
15 violation of this section shall be based only on an unauthorized alien who is
16 or was employed by the employer after an action has been brought for a
17 violation of subsection A of this section or section 23-212.01, subsection A.
18 E. For any action in superior court under this section, the court
19 shall expedite the action, including assigning the hearing at the earliest
20 practicable date.
21 F. On a finding of a violation of subsection A of this section:
22 1. For a first violation, as described in paragraph 3 of this
23 subsection, the court:
24 (a) Shall order the employer to terminate the employment of all
25 unauthorized aliens.
26 (b) Shall order the employer to be subject to a three year
27 probationary period for the business location where the unauthorized alien
28 performed work. During the probationary period the employer shall file
29 quarterly reports in the form provided in section 23-722.01 with the county
30 attorney of each new employee who is hired by the employer at the business
31 location where the unauthorized alien performed work.
32 (c) Shall order the employer to file a signed sworn affidavit with the
33 county attorney within three business days after the order is issued. The
34 affidavit shall state that the employer has terminated the employment of all
35 unauthorized aliens in this state and that the employer will not
36 intentionally or knowingly employ an unauthorized alien in this state. The
37 court shall order the appropriate agencies to suspend all licenses subject to
38 this subdivision that are held by the employer if the employer fails to file
39 a signed sworn affidavit with the county attorney within three business days
40 after the order is issued. All licenses that are suspended under this
41 subdivision shall remain suspended until the employer files a signed sworn
42 affidavit with the county attorney. Notwithstanding any other law, on filing
43 of the affidavit the suspended licenses shall be reinstated immediately by
44 the appropriate agencies. For the purposes of this subdivision, the licenses
45 that are subject to suspension under this subdivision are all licenses that
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1 are held by the employer specific to the business location where the
2 unauthorized alien performed work. If the employer does not hold a license
3 specific to the business location where the unauthorized alien performed
4 work, but a license is necessary to operate the employer's business in
5 general, the licenses that are subject to suspension under this subdivision
6 are all licenses that are held by the employer at the employer's primary
7 place of business. On receipt of the court's order and notwithstanding any
8 other law, the appropriate agencies shall suspend the licenses according to
9 the court's order. The court shall send a copy of the court's order to the
10 attorney general and the attorney general shall maintain the copy pursuant to
11 subsection G of this section.
12 (d) May order the appropriate agencies to suspend all licenses
13 described in subdivision (c) of this paragraph that are held by the employer
14 for not to exceed ten business days. The court shall base its decision to
15 suspend under this subdivision on any evidence or information submitted to it
16 during the action for a violation of this subsection and shall consider the
17 following factors, if relevant:
18 (i) The number of unauthorized aliens employed by the employer.
19 (ii) Any prior misconduct by the employer.
20 (iii) The degree of harm resulting from the violation.
21 (iv) Whether the employer made good faith efforts to comply with any
22 applicable requirements.
23 (v) The duration of the violation.
24 (vi) The role of the directors, officers or principals of the employer
25 in the violation.
26 (vii) Any other factors the court deems appropriate.
27 2. For a second violation, as described in paragraph 3 of this
28 subsection, the court shall order the appropriate agencies to permanently
29 revoke all licenses that are held by the employer specific to the business
30 location where the unauthorized alien performed work. If the employer does
31 not hold a license specific to the business location where the unauthorized
32 alien performed work, but a license is necessary to operate the employer's
33 business in general, the court shall order the appropriate agencies to
34 permanently revoke all licenses that are held by the employer at the
35 employer's primary place of business. On receipt of the order and
36 notwithstanding any other law, the appropriate agencies shall immediately
37 revoke the licenses.
38 3. The violation shall be considered:
39 (a) A first violation by an employer at a business location if the
40 violation did not occur during a probationary period ordered by the court
41 under this subsection or section 23-212.01, subsection F for that employer's
42 business location.
43 (b) A second violation by an employer at a business location if the
44 violation occurred during a probationary period ordered by the court under
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1 this subsection or section 23-212.01, subsection F for that employer's
2 business location.
3 G. The attorney general shall maintain copies of court orders that are
4 received pursuant to subsection F of this section and shall maintain a
5 database of the employers and business locations that have a first violation
6 of subsection A of this section and make the court orders available on the
7 attorney general's website.
8 H. On determining whether an employee is an unauthorized alien, the
9 court shall consider only the federal government's determination pursuant to
10 8 United States Code section 1373(c). The federal government's determination
11 creates a rebuttable presumption of the employee's lawful status. The court
12 may take judicial notice of the federal government's determination and may
13 request the federal government to provide automated or testimonial
14 verification pursuant to 8 United States Code section 1373(c).
15 I. For the purposes of this section, proof of verifying the employment
16 authorization of an employee through the e-verify program creates a
17 rebuttable presumption that an employer did not knowingly employ an
18 unauthorized alien.
19 J. For the purposes of this section, an employer that establishes that
20 it has complied in good faith with the requirements of 8 United States Code
21 section 1324a(b) establishes an affirmative defense that the employer did not
22 knowingly employ an unauthorized alien. An employer is considered to have
23 complied with the requirements of 8 United States Code section 1324a(b),
24 notwithstanding an isolated, sporadic or accidental technical or procedural
25 failure to meet the requirements, if there is a good faith attempt to comply
26 with the requirements.
27 K. IT IS AN AFFIRMATIVE DEFENSE TO A VIOLATION OF SUBSECTION A OF THIS
28 SECTION THAT THE EMPLOYER WAS ENTRAPPED. TO CLAIM ENTRAPMENT, THE EMPLOYER
29 MUST ADMIT BY THE EMPLOYER'S TESTIMONY OR OTHER EVIDENCE THE SUBSTANTIAL
30 ELEMENTS OF THE VIOLATION. AN EMPLOYER WHO ASSERTS AN ENTRAPMENT DEFENSE HAS
31 THE BURDEN OF PROVING THE FOLLOWING BY CLEAR AND CONVINCING EVIDENCE:
32 1. THE IDEA OF COMMITTING THE VIOLATION STARTED WITH LAW ENFORCEMENT
33 OFFICERS OR THEIR AGENTS RATHER THAN WITH THE EMPLOYER.
34 2. THE LAW ENFORCEMENT OFFICERS OR THEIR AGENTS URGED AND INDUCED THE
35 EMPLOYER TO COMMIT THE VIOLATION.
36 3. THE EMPLOYER WAS NOT PREDISPOSED TO COMMIT THE VIOLATION BEFORE THE
37 LAW ENFORCEMENT OFFICERS OR THEIR AGENTS URGED AND INDUCED THE EMPLOYER TO
38 COMMIT THE VIOLATION.
39 L. AN EMPLOYER DOES NOT ESTABLISH ENTRAPMENT IF THE EMPLOYER WAS
40 PREDISPOSED TO VIOLATE SUBSECTION A OF THIS SECTION AND THE LAW ENFORCEMENT
41 OFFICERS OR THEIR AGENTS MERELY PROVIDED THE EMPLOYER WITH AN OPPORTUNITY TO
42 COMMIT THE VIOLATION. IT IS NOT ENTRAPMENT FOR LAW ENFORCEMENT OFFICERS OR
43 THEIR AGENTS MERELY TO USE A RUSE OR TO CONCEAL THEIR IDENTITY. THE CONDUCT
44 OF LAW ENFORCEMENT OFFICERS AND THEIR AGENTS MAY BE CONSIDERED IN DETERMINING
45 IF AN EMPLOYER HAS PROVEN ENTRAPMENT.
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1 Sec. 7. Section 23-212.01, Arizona Revised Statutes, is amended to
2 read:
3 23-212.01. Intentionally employing unauthorized aliens;
4 prohibition; false and frivolous complaints;
5 violation; classification; license suspension and
6 revocation; affirmative defense
7 A. An employer shall not intentionally employ an unauthorized alien.
8 If, in the case when an employer uses a contract, subcontract or other
9 independent contractor agreement to obtain the labor of an alien in this
10 state, the employer intentionally contracts with an unauthorized alien or
11 with a person who employs or contracts with an unauthorized alien to perform
12 the labor, the employer violates this subsection.
13 B. The attorney general shall prescribe a complaint form for a person
14 to allege a violation of subsection A of this section. The complainant shall
15 not be required to list the complainant's social security number on the
16 complaint form or to have the complaint form notarized. On receipt of a
17 complaint on a prescribed complaint form that an employer allegedly
18 intentionally employs an unauthorized alien, the attorney general or county
19 attorney shall investigate whether the employer has violated subsection A of
20 this section. If a complaint is received but is not submitted on a
21 prescribed complaint form, the attorney general or county attorney may
22 investigate whether the employer has violated subsection A of this section.
23 This subsection shall not be construed to prohibit the filing of anonymous
24 complaints that are not submitted on a prescribed complaint form. The
25 attorney general or county attorney shall not investigate complaints that are
26 based solely on race, color or national origin. A complaint that is
27 submitted to a county attorney shall be submitted to the county attorney in
28 the county in which the alleged unauthorized alien is or was employed by the
29 employer. The county sheriff or any other local law enforcement agency may
30 assist in investigating a complaint. When investigating a complaint, the
31 attorney general or county attorney shall verify the work authorization of
32 the alleged unauthorized alien with the federal government pursuant to
33 8 United States Code section 1373(c). A state, county or local official
34 shall not attempt to independently make a final determination on whether an
35 alien is authorized to work in the United States. An alien's immigration
36 status or work authorization status shall be verified with the federal
37 government pursuant to 8 United States Code section 1373(c). A person who
38 knowingly files a false and frivolous complaint under this subsection is
39 guilty of a class 3 misdemeanor.
40 C. If, after an investigation, the attorney general or county attorney
41 determines that the complaint is not false and frivolous:
42 1. The attorney general or county attorney shall notify the United
43 States immigration and customs enforcement of the unauthorized alien.
44 2. The attorney general or county attorney shall notify the local law
45 enforcement agency of the unauthorized alien.
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1 3. The attorney general shall notify the appropriate county attorney
2 to bring an action pursuant to subsection D of this section if the complaint
3 was originally filed with the attorney general.
4 D. An action for a violation of subsection A of this section shall be
5 brought against the employer by the county attorney in the county where the
6 unauthorized alien employee is or was employed by the employer. The county
7 attorney shall not bring an action against any employer for any violation of
8 subsection A of this section that occurs before January 1, 2008. A second
9 violation of this section shall be based only on an unauthorized alien who is
10 or was employed by the employer after an action has been brought for a
11 violation of subsection A of this section or section 23-212, subsection A.
12 E. For any action in superior court under this section, the court
13 shall expedite the action, including assigning the hearing at the earliest
14 practicable date.
15 F. On a finding of a violation of subsection A of this section:
16 1. For a first violation, as described in paragraph 3 of this
17 subsection, the court shall:
18 (a) Order the employer to terminate the employment of all unauthorized
19 aliens.
20 (b) Order the employer to be subject to a five year probationary
21 period for the business location where the unauthorized alien performed work.
22 During the probationary period the employer shall file quarterly reports in
23 the form provided in section 23-722.01 with the county attorney of each new
24 employee who is hired by the employer at the business location where the
25 unauthorized alien performed work.
26 (c) Order the appropriate agencies to suspend all licenses described
27 in subdivision (d) of this paragraph that are held by the employer for a
28 minimum of ten days. The court shall base its decision on the length of the
29 suspension under this subdivision on any evidence or information submitted to
30 it during the action for a violation of this subsection and shall consider
31 the following factors, if relevant:
32 (i) The number of unauthorized aliens employed by the employer.
33 (ii) Any prior misconduct by the employer.
34 (iii) The degree of harm resulting from the violation.
35 (iv) Whether the employer made good faith efforts to comply with any
36 applicable requirements.
37 (v) The duration of the violation.
38 (vi) The role of the directors, officers or principals of the employer
39 in the violation.
40 (vii) Any other factors the court deems appropriate.
41 (d) Order the employer to file a signed sworn affidavit with the
42 county attorney. The affidavit shall state that the employer has terminated
43 the employment of all unauthorized aliens in this state and that the employer
44 will not intentionally or knowingly employ an unauthorized alien in this
45 state. The court shall order the appropriate agencies to suspend all
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1 licenses subject to this subdivision that are held by the employer if the
2 employer fails to file a signed sworn affidavit with the county attorney
3 within three business days after the order is issued. All licenses that are
4 suspended under this subdivision for failing to file a signed sworn affidavit
5 shall remain suspended until the employer files a signed sworn affidavit with
6 the county attorney. For the purposes of this subdivision, the licenses that
7 are subject to suspension under this subdivision are all licenses that are
8 held by the employer specific to the business location where the unauthorized
9 alien performed work. If the employer does not hold a license specific to
10 the business location where the unauthorized alien performed work, but a
11 license is necessary to operate the employer's business in general, the
12 licenses that are subject to suspension under this subdivision are all
13 licenses that are held by the employer at the employer's primary place of
14 business. On receipt of the court's order and notwithstanding any other law,
15 the appropriate agencies shall suspend the licenses according to the court's
16 order. The court shall send a copy of the court's order to the attorney
17 general and the attorney general shall maintain the copy pursuant to
18 subsection G of this section.
19 2. For a second violation, as described in paragraph 3 of this
20 subsection, the court shall order the appropriate agencies to permanently
21 revoke all licenses that are held by the employer specific to the business
22 location where the unauthorized alien performed work. If the employer does
23 not hold a license specific to the business location where the unauthorized
24 alien performed work, but a license is necessary to operate the employer's
25 business in general, the court shall order the appropriate agencies to
26 permanently revoke all licenses that are held by the employer at the
27 employer's primary place of business. On receipt of the order and
28 notwithstanding any other law, the appropriate agencies shall immediately
29 revoke the licenses.
30 3. The violation shall be considered:
31 (a) A first violation by an employer at a business location if the
32 violation did not occur during a probationary period ordered by the court
33 under this subsection or section 23-212, subsection F for that employer's
34 business location.
35 (b) A second violation by an employer at a business location if the
36 violation occurred during a probationary period ordered by the court under
37 this subsection or section 23-212, subsection F for that employer's business
38 location.
39 G. The attorney general shall maintain copies of court orders that are
40 received pursuant to subsection F of this section and shall maintain a
41 database of the employers and business locations that have a first violation
42 of subsection A of this section and make the court orders available on the
43 attorney general's website.
44 H. On determining whether an employee is an unauthorized alien, the
45 court shall consider only the federal government's determination pursuant to
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1 8 United States Code section 1373(c). The federal government's determination
2 creates a rebuttable presumption of the employee's lawful status. The court
3 may take judicial notice of the federal government's determination and may
4 request the federal government to provide automated or testimonial
5 verification pursuant to 8 United States Code section 1373(c).
6 I. For the purposes of this section, proof of verifying the employment
7 authorization of an employee through the e-verify program creates a
8 rebuttable presumption that an employer did not intentionally employ an
9 unauthorized alien.
10 J. For the purposes of this section, an employer that establishes that
11 it has complied in good faith with the requirements of 8 United States Code
12 section 1324a(b) establishes an affirmative defense that the employer did not
13 intentionally employ an unauthorized alien. An employer is considered to
14 have complied with the requirements of 8 United States Code section 1324a(b),
15 notwithstanding an isolated, sporadic or accidental technical or procedural
16 failure to meet the requirements, if there is a good faith attempt to comply
17 with the requirements.
18 K. IT IS AN AFFIRMATIVE DEFENSE TO A VIOLATION OF SUBSECTION A OF THIS
19 SECTION THAT THE EMPLOYER WAS ENTRAPPED. TO CLAIM ENTRAPMENT, THE EMPLOYER
20 MUST ADMIT BY THE EMPLOYER'S TESTIMONY OR OTHER EVIDENCE THE SUBSTANTIAL
21 ELEMENTS OF THE VIOLATION. AN EMPLOYER WHO ASSERTS AN ENTRAPMENT DEFENSE HAS
22 THE BURDEN OF PROVING THE FOLLOWING BY CLEAR AND CONVINCING EVIDENCE:
23 1. THE IDEA OF COMMITTING THE VIOLATION STARTED WITH LAW ENFORCEMENT
24 OFFICERS OR THEIR AGENTS RATHER THAN WITH THE EMPLOYER.
25 2. THE LAW ENFORCEMENT OFFICERS OR THEIR AGENTS URGED AND INDUCED THE
26 EMPLOYER TO COMMIT THE VIOLATION.
27 3. THE EMPLOYER WAS NOT PREDISPOSED TO COMMIT THE VIOLATION BEFORE THE
28 LAW ENFORCEMENT OFFICERS OR THEIR AGENTS URGED AND INDUCED THE EMPLOYER TO
29 COMMIT THE VIOLATION.
30 L. AN EMPLOYER DOES NOT ESTABLISH ENTRAPMENT IF THE EMPLOYER WAS
31 PREDISPOSED TO VIOLATE SUBSECTION A OF THIS SECTION AND THE LAW ENFORCEMENT
32 OFFICERS OR THEIR AGENTS MERELY PROVIDED THE EMPLOYER WITH AN OPPORTUNITY TO
33 COMMIT THE VIOLATION. IT IS NOT ENTRAPMENT FOR LAW ENFORCEMENT OFFICERS OR
34 THEIR AGENTS MERELY TO USE A RUSE OR TO CONCEAL THEIR IDENTITY. THE CONDUCT
35 OF LAW ENFORCEMENT OFFICERS AND THEIR AGENTS MAY BE CONSIDERED IN DETERMINING
36 IF AN EMPLOYER HAS PROVEN ENTRAPMENT.
37 Sec. 8. Section 23-214, Arizona Revised Statutes, is amended to read:
38 23-214. Verification of employment eligibility; e-verify
39 program; economic development incentives; list of
40 registered employers
41 A. After December 31, 2007, every employer, after hiring an employee,
42 shall verify the employment eligibility of the employee through the e-verify
43 program AND SHALL KEEP A RECORD OF THE VERIFICATION FOR THE DURATION OF THE
44 EMPLOYEE'S EMPLOYMENT OR AT LEAST THREE YEARS, WHICHEVER IS LONGER.
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1 B. In addition to any other requirement for an employer to receive an
2 economic development incentive from a government entity, the employer shall
3 register with and participate in the e-verify program. Before receiving the
4 economic development incentive, the employer shall provide proof to the
5 government entity that the employer is registered with and is participating
6 in the e-verify program. If the government entity determines that the
7 employer is not complying with this subsection, the government entity shall
8 notify the employer by certified mail of the government entity's
9 determination of noncompliance and the employer's right to appeal the
10 determination. On a final determination of noncompliance, the employer shall
11 repay all monies received as an economic development incentive to the
12 government entity within thirty days of the final determination. For the
13 purposes of this subsection:
14 1. "Economic development incentive" means any grant, loan or
15 performance-based incentive from any government entity that is awarded after
16 September 30, 2008. Economic development incentive does not include any tax
17 provision under title 42 or 43.
18 2. "Government entity" means this state and any political subdivision
19 of this state that receives and uses tax revenues.
20 C. Every three months the attorney general shall request from the
21 United States department of homeland security a list of employers from this
22 state that are registered with the e-verify program. On receipt of the list
23 of employers, the attorney general shall make the list available on the
24 attorney general's website.
25 Sec. 9. Section 28-3511, Arizona Revised Statutes, is amended to read:
26 28-3511. Removal and immobilization or impoundment of vehicle
27 A. A peace officer shall cause the removal and either immobilization
28 or impoundment of a vehicle if the peace officer determines that a person is
29 driving the vehicle while any of the following applies:
30 1. The person's driving privilege is suspended or revoked for any
31 reason.
32 2. The person has not ever been issued a valid driver license or
33 permit by this state and the person does not produce evidence of ever having
34 a valid driver license or permit issued by another jurisdiction. This
35 paragraph does not apply to the operation of an implement of husbandry.
36 3. The person is subject to an ignition interlock device requirement
37 pursuant to chapter 4 of this title and the person is operating a vehicle
38 without a functioning certified ignition interlock device. This paragraph
39 does not apply to a person operating an employer's vehicle or the operation
40 of a vehicle due to a substantial emergency as defined in section 28-1464.
41 4. THE PERSON IS IN VIOLATION OF A CRIMINAL OFFENSE AND IS
42 TRANSPORTING, MOVING, CONCEALING, HARBORING OR SHIELDING OR ATTEMPTING TO
43 TRANSPORT, MOVE, CONCEAL, HARBOR OR SHIELD AN ALIEN IN THIS STATE IN A
44 VEHICLE IF THE PERSON KNOWS OR RECKLESSLY DISREGARDS THE FACT THAT THE ALIEN
45 HAS COME TO, HAS ENTERED OR REMAINS IN THE UNITED STATES IN VIOLATION OF LAW.
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1 B. A peace officer shall cause the removal and impoundment of a
2 vehicle if the peace officer determines that a person is driving the vehicle
3 and if all of the following apply:
4 1. The person's driving privilege is canceled, suspended or revoked
5 for any reason or the person has not ever been issued a driver license or
6 permit by this state and the person does not produce evidence of ever having
7 a driver license or permit issued by another jurisdiction.
8 2. The person is not in compliance with the financial responsibility
9 requirements of chapter 9, article 4 of this title.
10 3. The person is driving a vehicle that is involved in an accident
11 that results in either property damage or injury to or death of another
12 person.
13 C. Except as provided in subsection D of this section, while a peace
14 officer has control of the vehicle the peace officer shall cause the removal
15 and either immobilization or impoundment of the vehicle if the peace officer
16 has probable cause to arrest the driver of the vehicle for a violation of
17 section 4-244, paragraph 34 or section 28-1382 or 28-1383.
18 D. A peace officer shall not cause the removal and either the
19 immobilization or impoundment of a vehicle pursuant to subsection C of this
20 section if all of the following apply:
21 1. The peace officer determines that the vehicle is currently
22 registered and that the driver or the vehicle is in compliance with the
23 financial responsibility requirements of chapter 9, article 4 of this title.
24 2. The spouse of the driver is with the driver at the time of the
25 arrest.
26 3. The peace officer has reasonable grounds to believe that the spouse
27 of the driver:
28 (a) Has a valid driver license.
29 (b) Is not impaired by intoxicating liquor, any drug, a vapor
30 releasing substance containing a toxic substance or any combination of
31 liquor, drugs or vapor releasing substances.
32 (c) Does not have any spirituous liquor in the spouse's body if the
33 spouse is under twenty-one years of age.
34 4. The spouse notifies the peace officer that the spouse will drive
35 the vehicle from the place of arrest to the driver's home or other place of
36 safety.
37 5. The spouse drives the vehicle as prescribed by paragraph 4 of this
38 subsection.
39 E. Except as otherwise provided in this article, a vehicle that is
40 removed and either immobilized or impounded pursuant to subsection A, B or C
41 of this section shall be immobilized or impounded for thirty days. An
42 insurance company does not have a duty to pay any benefits for charges or
43 fees for immobilization or impoundment.
44 F. The owner of a vehicle that is removed and either immobilized or
45 impounded pursuant to subsection A, B or C of this section, the spouse of the
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1 owner and each person identified on the department's record with an interest
2 in the vehicle shall be provided with an opportunity for an immobilization or
3 poststorage hearing pursuant to section 28-3514.
4 Sec. 10. Title 41, chapter 12, article 2, Arizona Revised Statutes, is
5 amended by adding section 41-1724, to read:
6 41-1724. Gang and immigration intelligence team enforcement
7 mission fund
8 THE GANG AND IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT MISSION FUND IS
9 ESTABLISHED CONSISTING OF MONIES DEPOSITED PURSUANT TO SECTION 11-1051 AND
10 MONIES APPROPRIATED BY THE LEGISLATURE. THE DEPARTMENT SHALL ADMINISTER THE
11 FUND. MONIES IN THE FUND ARE SUBJECT TO LEGISLATIVE APPROPRIATION AND SHALL
12 BE USED FOR GANG AND IMMIGRATION ENFORCEMENT AND FOR COUNTY JAIL
13 REIMBURSEMENT COSTS RELATING TO ILLEGAL IMMIGRATION.
14 Sec. 11. Severability, implementation and construction
15 A. If a provision of this act or its application to any person or
16 circumstance is held invalid, the invalidity does not affect other provisions
17 or applications of the act that can be given effect without the invalid
18 provision or application, and to this end the provisions of this act are
19 severable.
20 B. The terms of this act regarding immigration shall be construed to
21 have the meanings given to them under federal immigration law.
22 C. This act shall be implemented in a manner consistent with federal
23 laws regulating immigration, protecting the civil rights of all persons and
24 respecting the privileges and immunities of United States citizens.
25 Sec. 12. Short title
26 This act may be cited as the "Support Our Law Enforcement and Safe
27 Neighborhoods Act".

Sunday, April 25, 2010

AN OPEN LETTER TO ALL ELECTED LEADERS IN HEBER VALLEY

Your service for and in behalf of the citizens of this valley is deeply appreciated. Your sacrifice of time and energy in behalf of others sometimes seems to be a thankless job, but your accomplishment in doing your best, allows the citizens of this valley to find a place they can be proud of.

In the last little while there has been a few issues, that citizens would appreciate your review and where necessary to have you make some necessary corrections.

There is a serious need to increase transparency in government. Not only in the results, but in the agendas. It is hard to understand what you are going to be discussing and what decisions you may be making when the agenda has reference to only a number or a single set of letters. Adding a small paragraph to each item would allow everyone to obtain a better picture as to why they should attend and participate. It is known the agenda and it’s posting is a State requirement but that is only the minimum requirements, so perhaps, it is now time to have more than a minimum expression. The effort of making the agendas more instructional, could be the means of getting more citizens to participate.

In a community as small as ours, there is always going to be some minor conflicts of interest. But in the last little while, the conflicts of interest have grown tremendously and have become so obvious that citizens are wondering if this is just a sign of greater problems. A statement has been made that unless money has changed hands, there is really no conflict at all. But the courts in the past have seen things differently. There has been some severe conflicts of interest, where those participating have openly used their position to increase their holdings, influences, and their businesses.
As you know, when people, the citizens, see these conflicts, it leads them to believe a lot more is going on and that perhaps, some of those involved are obtaining rewards similar to those found in the movies.
Your work in reducing the conflicts of interest, by not allowing those with obvious ones from serving or at the very least, making decisions, would be an important step in restoring confidence in the system of government and those who serve within that frame work.

The citizens you serve are struggling. There are many who have lost their incomes through downsizing or company closings. They are pressed to pay an increasing tax burden. Many are retired, widows or widowers or with severe health problems who want to do right, but are finding the appetites of those they have elected to use their tax dollars wisely is expanding under the mistaken idea, that it is the services the people want. But history has shown it is not always what citizens want, but what elected leaders want.
Local governments must find ways to reduce wants, to become more efficient. In the good times government seems to grow but when times get tough, government wants to continue down the same path, believing that tax increases will allow them to continue on with no restrictions.
There is a need for governments in this valley, to find ways to reduce. Increasing taxes and fees at this time, should not be part of the plan.
Citizens need you do with less just like they must in these uncertain times.

There is a real need for increasing our local businesses. Governments know that business pays the bills not housing. In the last few years, more attention has been spent in promoting and facilitating development of homes. Everyone knows that homes do not pay the bills and never have. Later on, taxpayers are usually called upon to pay for things that were either overlooked or forgotten about.
Many have created and supported ponzi schemes when it comes to homes. They take from one developer and shell out the costs for another and then recover with the third. We have now reached the end. And the sins of the past regarding housing have caught up with government. This down turn is a perfect time to work on existing business and finding ways to bring into our valley new ones.

Citizens need your help in making their pursuit of life, liberty and happiness a reality. There has been problems that have required all to change their lives and live within their means. They have cut back. Done without and made do with what they have. They have done their part.
As leaders, everyone wants you to take control and do your part. Citizens want you to become more participatory in their government by the sheer fact they voted for you. They are tired of the appointed ones impacting their lives, but without recourse. They want you to be responsible for the actions of government and not allow others to speak for you.
They want to do more with you rather than against you. They want to be your partner.
Take control. Find ways to reduce your budgets without thinking about the pockets of citizens. Clean out the conflicts of interest. Allow the light of day to be part of your decision making. Give a blueprint of what they can expect by providing more information on the agendas. Relieve the regulatory requirements on business. Not health and safety requirements, but those other ones that place unnecessary burdens and outlandish intrusions which force business in many cases not to grow.

Citizens are waiting for you to take control.

Sunday, April 11, 2010

THE FUTURE?

The other day a friend came to may office and wanted to know what I knew about a couple of elected officials who had benefitted( or thought to have benefitted) by a couple of decisions they had made.
I suggested that believing everything one hears in our Valley, would not be good for any ones health. After this person had left, I contemplated what he had said and how his thoughts seem to be the thoughts of so many currently.

I came to the conclusion, that our elected leaders, no matter how good we think they are or how honest has brought this problem upon themselves.

Let me share with you some things that I know from observation and investigation.
Some of the finest people I know, occupy some of the elected positions within our valley. They are bright, smart and I doubt seriously if they would ever cross the line in their service to this community. They seek to do right and actually come prepared to do the peoples business. But there seems to be a trend among a few, to hide and pontificate on the issues, rather than express how things really are.
When people see, that getting to the point of the issue may take hours rather than simple minutes. And that questions can actually be answered in yes and no terms, rather that in the tone we find in Washington, which is, “before I can answer that question, let me say this”. When citizens hear this, they know two things. The first, this person has no idea what the answer is, but instead of saying so, would rather lead you down some path in an effort to make you believe they have a clue about what they are talking about. And the second thing, this leader has something to hide. Perhaps it is not serious, but they have said or done something, that on second thought, was not right and proper, but they do not want you to know.

In our community we have some very serious problems of transparency, serious understanding of the issues both for now and for the future, and the problem of smallness, which has nothing to do with height, but with mind set. It goes like this; “if I tell you what I really know on the subject, I am some how diminished”.
Time and time again we see it from some of our elected and appointed leaders.
The classic was with our recent School construction. I was accused by people in the education community of being against children, against education and against teachers.
Nothing could be further from the truth. But the reason for these accusation were because questions were being asked of those who should know, but did not. In some cases actually lied to cover not knowing. The questions that were asked at the time of Bond vote, were simple with no other thought in mind but the facts. Just the facts. It would have given citizens information and a complete understanding of the issues. But they would not, and because of their approach, the High School will never be clean when it comes to discussion for those remembering the history. We see it even to this day. Citizens who are now being asked to pay the bills, are skeptical of what went on and no amount of words or other public relation work is going to change it. A little truth, transparency and less pretty pictures and misleading statements and the out come would have been far better for the district. Even to this day, there is a certain amount of distrust on the part of Citizens related to this issue. There is a divide between citizens and those in the teaching profession. But it did not have to be that way.

Today, we see it again in what the County, Heber City, Midway and to some degree some of the special service districts are doing. Things are happening, decisions are being made and money spent. And instead of making the citizens part of the partnership (they say they are, but that’s because they are using your money), they skirt issues, give the bare minimum of information and in many ways avoid the very transparency that is necessary to stop or at the very least reduce the amount of distrust between government and her citizens.
The great fear is, that someday, somewhere, citizens are going to do more than sit home and wring their hands over the issues. It could get mean and ugly. It has in the past and history tells us, the citizens will take just so much before they turn on the masters. And when this happens, there would not be enough people left who support law, to put a stop to the carnage.
It has been said, when we do not teach, understand and know our previous history, we are doomed to repeat it.
What if we had a tea party right here in this valley. Not one related to our federal government, but one on local government. In my minds eye, it is not a pretty sight and no one in their right mind would want it to happen, but unless some of our leaders wise up and do better, who knows?

THE FUTURE?

The other day a friend came to may office and wanted to know what I knew about a couple of elected officials who had benefitted( or thought to have benefitted) by a couple of decisions they had made.
I suggested that believing everything one hears in our Valley, would not be good for any ones health. After this person had left, I contemplated what he had said and how his thoughts seem to be the thoughts of so many currently.

I came to the conclusion, that our elected leaders, no matter how good we think they are or how honest has brought this problem upon themselves.

Let me share with you some things that I know from observation and investigation.
Some of the finest people I know, occupy some of the elected positions within our valley. They are bright, smart and I doubt seriously if they would ever cross the line in their service to this community. They seek to do right and actually come prepared to do the peoples business. But there seems to be a trend among a few, to hide and pontificate on the issues, rather than express how things really are.
When people see, that getting to the point of the issue may take hours rather than simple minutes. And that questions can actually be answered in yes and no terms, rather that in the tone we find in Washington, which is, “before I can answer that question, let me say this”. When citizens hear this, they know two things. The first, this person has no idea what the answer is, but instead of saying so, would rather lead you down some path in an effort to make you believe they have a clue about what they are talking about. And the second thing, this leader has something to hide. Perhaps it is not serious, but they have said or done something, that on second thought, was not right and proper, but they do not want you to know.

In our community we have some very serious problems of transparency, serious understanding of the issues both for now and for the future, and the problem of smallness, which has nothing to do with height, but with mind set. It goes like this; “if I tell you what I really know on the subject, I am some how diminished”.
Time and time again we see it from some of our elected and appointed leaders.
The classic was with our recent School construction. I was accused by people in the education community of being against children, against education and against teachers.
Nothing could be further from the truth. But the reason for these accusation were because questions were being asked of those who should know, but did not. In some cases actually lied to cover not knowing. The questions that were asked at the time of Bond vote, were simple with no other thought in mind but the facts. Just the facts. It would have given citizens information and a complete understanding of the issues. But they would not, and because of their approach, the High School will never be clean when it comes to discussion for those remembering the history. We see it even to this day. Citizens who are now being asked to pay the bills, are skeptical of what went on and no amount of words or other public relation work is going to change it. A little truth, transparency and less pretty pictures and misleading statements and the out come would have been far better for the district. Even to this day, there is a certain amount of distrust on the part of Citizens related to this issue. There is a divide between citizens and those in the teaching profession. But it did not have to be that way.

Today, we see it again in what the County, Heber City, Midway and to some degree some of the special service districts are doing. Things are happening, decisions are being made and money spent. And instead of making the citizens part of the partnership (they say they are, but that’s because they are using your money), they skirt issues, give the bare minimum of information and in many ways avoid the very transparency that is necessary to stop or at the very least reduce the amount of distrust between government and her citizens.
The great fear is, that someday, somewhere, citizens are going to do more than sit home and wring their hands over the issues. It could get mean and ugly. It has in the past and history tells us, the citizens will take just so much before they turn on the masters. And when this happens, there would not be enough people left who support law, to put a stop to the carnage.
It has been said, when we do not teach, understand and know our previous history, we are doomed to repeat it.
What if we had a tea party right here in this valley. Not one related to our federal government, but one on local government. In my minds eye, it is not a pretty sight and no one in their right mind would want it to happen, but unless some of our leaders wise up and do better, who knows?