Friday, April 25, 2008

Posted By on Fri, Apr 25, 2008 at 2:16 PM

The folks at the Ward 5 City Council office asked us to let you know:

Councilmember Steve Leal cordially invites everyone to a town hall meeting to discuss one of the most important issues affecting everyone, water.

At this town hall, the topics of conserving water, harvesting water and using one of Tucson’s most valuable commodities more wisely will be discussed.

WHAT: Ward V Water Conservation Town Hall

WHEN: Monday, April 28, 6-8 P.M.

WHERE: Quincie Douglas Library, 1585 E. 36th St.

Join Councilmember Steve Leal for this discussion and offer your insights into these important issues.

For more information, please contact the Ward V Council Office, (520) 791-4231 or e-mail [email protected].

Thursday, April 24, 2008

Posted By on Thu, Apr 24, 2008 at 4:26 PM

So I'm doing pretty good with this whole TV Turn-Off Week thing. I hardly watched any more TV after swearing it off yesterday. Let's see: I watched an episode of The Shield, but I was working out on an elliptical while I was watching it. That doesn't count, does it?

Oh, and I watched a few innings of the Yankees-White Sox game. And then McFury came over and we took a look at how cool this season's first episode of BSG looked in high def on my big screen.

But from here on out, no more TV until next Monday!

Posted By on Thu, Apr 24, 2008 at 9:53 AM

Looks like the Pima County Democrats have found a candidate to run for the Senate in Legislative District 26: Cheryl Cage.

"This election cycle is one of the most important in my lifetime," Cage says. "We have decisions to make about our water, our growth, our educational system. I also want to make sure the Arizona economy grows by using what we have in abundance. We have a great opportunity for solar and alternative energy businesses to be based here."

Cage is familiar with LD 26; she ran Democrat Lena Saradnik's successful House campaign in the district in 2006. When Saradnik stepped down earlier this year after suffering a stroke, Cage's name was one of three submitted to the Pima County Board of Supervisors to replace her. The seat went to former Amphi School Board member Nancy Young Wright.

LD 26, which includes Oro Valley, the Casas Adobes area and the Catalina Foothills, is a GOP-leaning district where Democrat Charlene Pesquiera won an upset victory in 2006 against Republican Al Melvin, who had used his conservative base to knock off incumbent Republican Toni Hellon in the primary. Pesquiera announced earlier this year that she would not seek reelection.

Melvin is campaigning for the Senate seat again this year against Rep. Pete Hershberger in what's expected to be a lively GOP primary.

Wednesday, April 23, 2008

Posted By on Wed, Apr 23, 2008 at 4:48 PM

A new issue awaits you! Look over to the right for links, and feel free to comment on its contents here.

Posted By on Wed, Apr 23, 2008 at 4:36 PM

Did you realize that it's TV Turn-Off Week? Yep, between Monday, April 21, and Sunday, April 27, we're supposed to stay away from the glass teat.

You might be wondering: Why would I turn off my TV?

Here's the answer from TV Turn-Off organizers: "Turning off the television gives us a chance to think, read, create, and do. To connect with our families and engage in our communities. To turn off TV and turn on life."

I'm down for that! I'm doing OK with it so far. I watched the Mets-Phillies game on Monday, but I had TiVo'ed that on Sunday, so it didn't really count as a "Monday viewing." And I watched The Daily Show and Colbert on Monday and Tuesday, but that's a professional obligation.

But from here on out, no more TV this week!

Posted By on Wed, Apr 23, 2008 at 10:03 AM

Last week, Pima County Board of Supervisors unanimously proclamed April 30, 2008: SHERIFF CLARENCE W. DUPNIK DAY

The county sheriff, first appointed by the board in 1980, celebrates 50 years in law enforcement this month.

The proclamation wasn't all serious, with the board getting in a few of its own Dupnik special achievements:

"Whereas, as safety is the Sheriff's first priority, the only time he has shot himself in the foot is while appearing before the Board of Supervisors; and..."

"Whereas, although the Sheriff could singlehandedly control a maximum security cell overrun with the most vicious criminals, it is difficult for him to control small numbers on a document known as a budget; and..."

Anyway ... get out those tin badges and Stetsons you keep hidden in your closet: It's going to be SHERIFF CLARENCE W. DUPNIK DAY!

Posted By on Wed, Apr 23, 2008 at 10:02 AM

This is an invitation to the very first Bro-Fest.

We had it all ready to be listed in this week's Weekly but complications with government entities got in the way.

One band that is slated to play is Roadhouse. These guys really know how to rock. If any one remembers Frank and Woody from way back, Frank is the lead singer. The rest of the guys have played in bands in town for years.

BRO-FEST was created to honor two very special people, Danny and Mikey Mack. Danny and Mikey were brothers who were tragically taken from us in separate vehicular accidents. Mikey was only 16 when he died, and Danny passed away 11 months later at the age of 20.

BRO-FEST is a way to celebrate their lives, to spread the joy they brought to all of us and to raise funds for a worthy cause.

Danny and Mikey Mack were All American kids. They came from a loving family, including their Mom, Libby, their Dad Don and big brother Nathan. They loved sports and were actively involved in soccer, golf, volleyball and baseball. Both were outstanding students at their schools and gave back to the community in a number of ways.

The event will take place on Sunday, April 27, at Jacob’s Park, 1010 W. Lind, from noon tp 5 p.m. Activities include live music, great food, drawings for a wide assortment of fantastic prizes, softball games, volleyball games, horseshoes and a whole lot of fun.

Money earned will be used for playground improvements at Walter Douglas Elementary School in the Flowing Wells School District. The boys both went there, and their mom still teaches there.

In connection with BRO-FEST, the Macks have partnered with Magical Builders, a 501 (c)(3) non-profit organization dedicated to improving the lives of underprivileged children and their communities (www.magicalbuilders.org).

The website is: http://www.mackmemorialfund.org/home.html

Tuesday, April 22, 2008

Posted By on Tue, Apr 22, 2008 at 4:52 PM

Superior Court Judge Michael Miller told attorneys Bill Risner and Chris Straub two hours--and he meant two hours. Court convened yesterday at 9:30 a.m., and ended at 11:30 a.m.

Risner argued on behalf of the Pima County Democratic Party for the release of election electronic-database files that go back to 1998. "When it comes down to it, they haven’t pointed out any risk, but we’ve pointed out many problems,” Risner told Miller. “... Today we have a secret machine in a room with secret codes. It’s our obligation to check. … That’s what we are asking for … and the facts are on our side.”

Pima County attorney Straub continued to toe the official county line that parts of the database files are considered confidential, and if released, they could cause major security issues, from system hacking to counterfeit ballots. The county hoped to prove to Miller that databases for future elections should never be disclosed, because their release could jeopardize future elections throughout the state and even the country. “Where’s the beef?” Straub asked the court.

Straub referred to the files released to the parties in January, and the inference that the 2006 Regional Transportation Authority election was flipped--what he referred to during the hearing as Risner's red herring.

"This is not a happy situation for anybody,” Straub told Miller. “There’s no question this system is flawed.”

Straub added that until the county can come up with a completely transparent system without security risks, part of the database must remain confidential.

"Until we get there, we are dealing with the real world,” he said.

After the hearing, Risner said he feels confident that Miller will rule in the the Democrats' favor.

“We have the facts and the law on our side. Our judge is smart, albeit cautious and with a tendency to defer to bureaucrats. Therefore, I am positive about his decision,” Risner said.

While this entire argument began more than a year ago as a public-records request, it led to a lawsuit and a four-day trial in December 2007. On Dec. 18, Miller ruled mostly in the Dems' favors that political parties have a role in monitoring the integrity of elections, and as such, Pima County should release the 2006 primary and general election files, as well as the Regional Transportation Authority election files.

The files, however, didn’t get released right away. Instead, three days after Miller’s Dec. 18 ruling, Pima County filed an appeal, saying a final decision to appeal or release the records had to come from the board of supervisors at a Jan. 8 meeting.

That’s the meeting later immortalized by Supervisor Ray Carroll’s description of it as a “yuppie riot,” with a packed meeting room of citizenry demanding the files be turned over. The files were turned over, and actually, the supervisors went beyond Miller's ruling, which only mandated that the county turn over one file from each election. Election-integrity activists convinced the supervisors there was little harm in turning over everything from 2006.

On Feb. 13, Risner and Straub appeared before Miller again, with Risner asking for a hearing to request all remaining database files. On Feb. 25, the two went before Miller again to begin a separate court battle to hear Risner's request for attorney’s fees, which remains ongoing. That issue is set for a one-hour hearing on May 5 at 2 p.m.

To prepare for the April 21 hearing, Risner presented Miller with a battery of depositions taken earlier this month of Pima County's Dr. John Moffatt, as well as Thomas P. Ryan, a voting systems expert that took part in a California Secretary of State review of its electronic voting systems, and Tucson’s own Thomas W. Ryan, a Pima County Democrat involved with voting-integrity issues since 2000.

Moffatt, who sat at the defense table with Straub and Pima County attorney Thomas Denker, said it is hard for him to judge how the hearing went.

"Since I am not an attorney, nor accustomed to the court processes, I have no clue as to feeling confident or not,” Moffatt says. “Both sides clearly agree on the need to ensure the integrity of the electoral process.  Where I feel we differ is in the general release of programs and voter data from many elections to insure that integrity. There are other, safer ways to accomplish this goal.”

Moffatt says the Democratic Party referenced studies supporting the need for ballot-related auditing, rather than database auditing.

"We have, and will continue to make improvements in the process as exhibited in the report generated by the county administrator (Chuck Huckelberry) on April 3,” Moffatt says. “One of those recommendations was to allow an open audit process to take place within the Elections Counting Center, which would address the plaintiff’s need to analyze the databases for any changes made during an election, but prevent the critical programming information and people’s votes from being distributed freely over the Internet.”

While it seems like the fight is over, Risner continues to duke it out regarding his $279,907.17 request for attorney’s fees. The May 5 hearing will decide what Risner receives and look at any new arguments on both sides.

According to the memo issued April 3 by Huckelberry , the county continues to contend the Demos and Risner are not entitled to reimbursement of fees.

"In addition, we have submitted specific objections to approximately $127,000 of the claimed fees (approximately $117,500 in attorneys' fees and approximately $9,500 in ‘paralegal’ fees),” Huckelberry wrote. “Out of the $127,000 that we have objected to, the Democratic Party has conceded that $37,282.50 in fees were not valid--Mr. Risner simply tried to pass them off as having been earned in this case, when, in fact, they actually were incurred in other matters.”

Risner said he is bringing a new argument to the May 5 hearing.

"I'm not only claiming that the Democratic Party should receive its attorney fees but also its ‘expenses.’ Since we won, we do get our ‘assessable costs’ returned to us. Those costs are only a part of the party's out of pocket expenses.

Risner said according to the Arizona Revised Statutes, specifically ARS 12-349, the party is allowed reasonable attorney fees, expenses and “double damages” not to exceed $5,000 against a party, including a county if it defends a claim without substantial justification, to delay or unreasonably expand the proceedings.

"I'm arguing that is what they are doing. So from my perspective, the May 5 hearing won't be about whether my secretary could have done something faster or I could have taken better notes but, instead, about them not telling the judge the truth about the Secretary of State's real opinion."

Risner is referring to the deposition of Joseph Kanefield, state election director of the Arizona Secretary of State’s office, requested by the county. Part of the county’s defense has been that the state laws at heart prevent the county from releasing election database files referring to ARS 16-445A.

In Kanefield’s deposition, however, it seems the Secretary of State’s office agreed with the Democratic Party.

“The secretary's true opinion was the same as the Democratic Party's, namely that the law applied to the secretary (of state) and not the counties,” Risner says.

Posted By on Tue, Apr 22, 2008 at 10:11 AM

Robert Robuck of Sahuarita has completed the trifecta of candidates readying to run against incumbents on the Pima County Board of Supervisors in the Democratic primary. 

Robuck announced his candidacy today to run against Ramon Valadez of District 2. He joins former Pima County Democratic Party Chair Donna Branch-Gilby, who announced her intention to run against Supervisor Sharon Bronson in January (along with Republican Barney Brenner, who lost to Bronson in 2000), and former two-term Tucson City Councilman and legislator Bruce Wheeler, who announced in March that he was giving serious consideration of running against Supervisor Richard Elias

While Branch-Gilby and Wheeler say their platforms focus on election-integrity issues and bad fiscal policy, Robuck says his platform hits closer to home.

He's been a Sahuarita resident since 2003 and has become an active opponent of the proposed Rosemont Mine, especially after he and several neighbors discovered their water wells were temporarily depleted after the proposed mine's parent company, Augusta Resource Corporation, began drilling for water on nearby property. 

Robuck plans to be at the Forest Service open house regarding Rosemont tonight at 6 p.m. at the Sahuarita High School Cafeteria, 350 W. Sahuarita Road, to pass out information on the water problems Rosemont will cause in his community, and to get the word out on his campaign. 

What fuels his campaign is the fact that Pima County requested Augusta to do a hydrology study on the mine property--but no hydrology study at any of the residential properties where Augusta will drill for water. 

The day after he and neighbors complained, Augusta received a 6,000-acre-feet water permit for 20 years from the Arizona Department of Water Resources. When he called the county, he says he was told that, basically, Sahuarita is a low-income area with little resources or voice. 

"One of the wells they have off Santa Rita Road is 1,300 feet deep," Robuck says, adding that when it was pumped, the water table went down more than 22 feet. "Most people have wells here that are only 200 feet deep." 

When asked if he understood the history of the District 2 office--and the South Tucson political machine often referred to as Eckstrom Democrats--Robuck says he understands what he's up against. 

"I realize I'm the underdog, but I still want to run," Robuck says. "Someone has to run against him. Someone with some common sense. ... (The supervisors) are asleep at the wheel."

Posted By on Tue, Apr 22, 2008 at 7:59 AM

The New York Times has a good read this morning exploring the relationship between Legendary Land Speculator Don Diamond and Arizona Sen. John McCain. An excerpt:

A longtime political patron, Mr. Diamond is one of the elite fund-raisers Mr. McCain’s current presidential campaign calls Innovators, having raised more than $250,000 so far. At home, Mr. Diamond is sometimes referred to as “The Donald,” Arizona’s answer to Donald Trump — an outsized personality who invites public officials aboard his flotilla of yachts (the Ace, King, Jack and Queen of Diamonds), specializes in deals with the government, and unabashedly solicits support for his business interests from the recipients of his campaign contributions.

Mr. McCain has occasionally rebuffed Mr. Diamond’s entreaties as inappropriate, but he has also taken steps that benefited his friend’s real estate empire. Their 26-year relationship illuminates how Mr. McCain weighs requests from a benefactor against his vows, adopted after a brush with scandal two decades ago, not to intercede with government authorities on behalf of a donor or take other official action that serves no clear public interest.