Story contributed by Quartzsite Outsider
Today Quartzsite Assistant Town Manager Al Johnson threatened Quartzsite Councilwoman Patricia Workman with trespass if she came to Town hall unannounced or “any administrative area of the town government . . .”
According to Mr. Johnson, Councilwoman Workman now has to make appointments to see HIM prior to performing her public service. And she is not allowed to speak to anyone in Town administration other than Mr. Johnson or she’ll be arrested for trespass!
The way the letter reads, she cannot even file legal papers or inspect the record in the Municipal Court without being arrested!
Ignoring the blatant constitutional violations here, this is a Councilwoman we’re talking about. A public servant. As such, Mr. Johnson’s threat is arguably a violation of the spirit, if not the letter of A.R.S. Section 13-2402, which says,
A. A person commits obstructing governmental operations if, by using or threatening to use violence or physical force, such person knowingly obstructs, impairs or hinders:
1. The performance of a governmental function by a public servant acting under color of his official authority.
Such a violation is a Class 1 misdemeanor for every count. http://www.azleg.state.az.us/ars/13/02402.htm
(Given the history in Quartzsite, it’s doubtful Chief Gilbert, or his officers—who days ago admitted to arresting a citizen without probable cause after a phone call from Al Johnson—will arrest his boss. Gilbert’s number is 928-927-4644. Nor will the La Paz County Sheriff, Don Lowery, get involved. (Lowery wrongly claims he doesn’t have jurisdiction in Quartzsite. Even though he sent a deputy to investigate when former Mayor Lizarraga was allegedly assaulted by the Town Attorney, Martin Brannan. 928-669-6141))
The Assistant Town Manager, who seems to be acting on his own without legal authority or advice (since there is no cc: to the Town’s Attorney, Martin Brannan), claims that one reason for his threat is because Councilwoman Workman cannot be trusted with documents marked “Confidential.”
In a bizarre “Animal House” double-secret probation twist, Johnson talks about two documents the Town had made, a secret one for itself and one for Councilwoman Workman, the latter it distributed only to the Councilwoman. Johnson says Councilwoman Workman cannot be trusted because she released the “confidential” letter to the public. And so he is threatening her with trespass! (An additional implication is that she cannot see any official Town documents Mr. Johnson doesn’t want her to see, confidential or otherwise. Like unauthorized checks?) We don’t know if the letter Al Johnson sent to Councilwoman Workman is also different from an “official” one he wrote for the Town!
But Councilwoman Workman did not violate any law by making Mr. Johnson’s first letter to her public. A phone call to Kathryn Marquoit, Assistant Ombudsman for Public Access (602.285.9136) confirms what Mr. Johnson should know. According to Marquoit, “stamping a letter ‘Confidential’ means nothing.” Marquoit said such a letter would still be available through an Open Record Law request. (Marquoit also offered that “they have some interesting interpretations over there [in Quartzsite].”
Besides, if the Councilwoman had violated a law, the proper remedy would be to report her to the authorities. Not threaten her with trespass. Further, in his letter Johnson libels Councilwoman Workman with unsubstantiated claims of “abusive behavior” from “multiple town employees.” We wonder if that refers to Councilman Workman exposing the unauthorized check for $11,000 signed by town employee Alex Taft and “employee” Vice Mayor Cowell, as reported two days ago? http://qtown.us/blog/2012/07/17/quartzsite-embezzlement-smoking-gun-found/
So a lowly ASSISTANTTownManager is threatening a Town Councilwoman. This is like a staffer at the Arizona Senate telling a State Senator they couldn’t come to the Senate building! Or that a State Senator could only do public business with the staffer. In any other place, that staffer would be fired for insubordination. Unfortunately, that’s not likely to happen in Quartzsite until the incumbents are out of power.. That’s why a majority of the voters voted the incumbents out of office in May. But even so, the incumbents refuse to leave! It’s taking a federal and state action to force them out. No wonder Mr. Johnson is so brazen. And ridiculous.
dallen1x
July 20, 2012 at 8:28 am
First: We know that these restrictions on the Councilwoman ‘can’ come from anyone but they ‘must’ come from a judge or the Council in order to be enforceable. A letter from an underling like Mr. Johnson means little. The letter did not come from the City Administrator, the City Council or an employee union.
Second: We also know that the citizens, via the City Council, literally ‘own’ City Hall. We also know, but the affected sometimes forget, that the people that work at City Hall are ‘employees’. They run the business of the City based off what the Council ‘tells’ them to do…..not the other way around. As with most towns, large and small, there are those that do a good job but these people are dragged down by those acting like Mr. Johnson.
Third: If the alleged words were spoken they would be the 1st Amendment words of a frustrated person since they presented no ‘imminent lawless action’. Any ‘reasonable person’ (legal definition of such) would be able to discern that there was no hostile intent. Mr. Johnsons letter would suggest that he is not a ‘reasonable person’ and any such person must be treated as ignorant and / or hostile, or subversive.
Yellacat
July 20, 2012 at 7:04 am
Let me see, it seems we have evidence of conspiracy to commit:
1)Extortion
2)Embezzlement
3)Obstruction of Justice
Sounds like a prime candidate for RICO to me!!
Thomas Fixer Nethken
July 19, 2012 at 3:03 pm
Thinking Councilwoman Workman needs to request an agenda item be placed for the next meeting ;
Discussion of vote of no confidence in, and possible censure of Asst. Clown Manager for attempts to deny Council Members rights of access and entry to public spaces of the Town of Quartzsite.
Thomas Fixer Nethken
July 19, 2012 at 2:54 pm
What a crock, there is a large difference between the meaning of the words confidential, and classified.
A public document marked confidential places the burden of restraint on the government entity that holds it.
No such burden of restrain exists for the person it is addressed to unless the document has been ordered sealed by a court of law.
There is no basis in law for the publication of the first letter ‘an obvious attempt to harrass and intimidate Councilwoman Workman’ to be used as justification for the conclusion that she;
“clearly should not be trusted with access to confidential or sensitive information”
**************************?***********************
Portions of the Town Government of Quartzsite appear to meet the definition of “Criminal Syndicate” under ARS 13-2301 Definitions;
7. “Criminal syndicate” means any combination of persons or enterprises engaging, or having the purpose of engaging, on a continuing basis in conduct that violates any one or more provisions of any felony statute of this state.
And;
Under ARS 13-2308
13-2308. Participating in or assisting a criminal syndicate; classification
A. A person commits participating in a criminal syndicate by
4. Intentionally promoting or furthering the criminal objectives of a criminal syndicate by inducing or committing any act or omission by a public servant in violation of his official duty; or
**************************?*************************
I would say that the asst. Clown Managers attempts to intimidate Councilwoman Workman into not doing due diligince in her service to the citizens of Quartzsite;
due to his attempts to induce fear of arrest in her if she trys to enter public spaces, in the process of obtaining documentation of what she believes may be criminal activity on the part of Town Employees…
Could be easily enterpreted as Felony Intimidation in support of a criminal syndicate..
I could be wrong… I often am..
But I don’t think a prosecuter would think so if he got around to trying to stack charges to throw at members of the Cabal.
Sawed off little runts determined to buy himself a set of pink underwear and a tent .
CosmoMan
July 19, 2012 at 2:31 pm
I don’t live in Quartzsite, or even AZ, but I am fascinated by what is going on in your town. How much longer will these fools be in charge? Possible indictments for corruption for Taft, Brannan, Gilbert, Cowell, Johnson and Frausto? Which one is going to be smart enough to save themselves by turning on the others?