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Issue link: http://www.epageflip.net/i/43940
October 5, 2011 MAYOR FROM PAGE 1 the town to "proceed under A.R.S. 9- 302(B) which allows an incorporated city or town to obtain and deliver to the city or town clerk a blanket bond conditioned on faithful performance of all such city's or town's officers." Jones argued that if Lizarraga is not qualified to be mayor, then Foster should be reinstated as he received the second largest number of votes. The Court found that A.R.S 19-216 could not allow Foster to be reinstated as mayor, because it is not possible for an incumbent to be recalled and at the same time be retained in the office. Quartzsite town Attorney, Marin Brannan had filed a memorandum on September 28th, arguing on the issue of Lizarraga's qualifications as well as to the relief requested by Jennifer Jones. "The court finds that the plead- ing is improper given that the Town Attorney did not appear at the hear- ing to argue the Town's position, and waited until the day before this Court had to file its finding and judgment be- fore filing it, thus not giving Ms. Jones the opportunity for rebuttal argument. Accordingly, this Court will not con- sider any of arguments presented in the memorandum." Regarding the issue of the bond, Jones told the Desert Messenger, "I know for a fact that the blanket bond does not satisfy the requirements of the town ordinance." According to Judge Burke, "if the town had delivered such a blanket bond to the town clerk that covers all of its officers, it would cover Lizarraga, and [he] would be able to assume the duties of mayor". Town of Quartzsite issued a press re- lease last week stating, "Lizarraga, who had refrained from presiding over the Common Council during the pendency of Jones' failed suit, has resumed his rightful role and the popularly elected Mayor of the Town of Quartzsite hav- ing ousted Ed Foster as a result of the August 30, 2011 recall election." New Location! Windshield Open Year Round & Repair Service W. Cowell just north of Post Office & Shell Station Glassweld Certified 928-927-7792 Quartzsite www.DesertMessenger.com BASH FROM PAGE 1 available online at www.Quartzsite- CountryBash.com. Tickets are only $20 or $25/at the door. Children un- der 12 are free with paying adult. Budweiser will provide the beer garden. There will be great food, a children's bounce house, classic cars, karaoke and more! Come on out for a fun-filled evening at the park! The concert will be festival seating, so bring your chairs and blankets, for the best seating on the grass! For more in- formation visit www.QuartzsiteCountryBash.com or call 928-916-4120. Foster files complaint against town attorney Quartzsite, AZ- On September 20th, former mayor Ed Foster filed an eight- page complaint against Quartzsite Town Attorney Martin Brannan with the Arizona Bar Association for alleged violations of the Arizona Bar's Rules of Professional Conduct. The complaint contained over 50 pages of documents and exhibits. In his complaint, he re- fers to himself as "Mayor Foster", even though he was recalled by the voters on August 30th. In his complaint, Foster says Bran- nan wrote ordinances which unlaw- Wayne's Pet Service Need someone to take care of your pet(s), in your home, while away? REASONABLE RATES! Call 928-927-4329 Experienced HANDYMAN Residential and RV Plumbing & Electrical Service & Repair. Minor Carpentry & Yard Work. All Work Guaranteed - FREE Estimates! Call Bud 928-583-3905 fully stripped the mayor's office of its powers. Foster stated in his complaint, "Brannan's action of representing and giving advice to Mayor Foster and then charging him with nonfeasance in office created a direct and concurrent conflict of interest. Foster noted Brannan was originally hired as the town prosecutor on April 22, 2011, and it presents an inherent conflict of interest as holding the posi- tion of town attorney. He also said Bran- nan admitted to writing Ordinance 11- 10, which the Quartzsite Town Council approved at their Aug. 23 meeting, re- moving many of the powers which had been held by the Mayor, including the authority to declare an emergency. Brannan was La Paz County Attor- ney from 2004 to 2008 and also was a prosecuting attorney in the Apache County Attorney's Office, before being hired July 7, 2011 as Quartzsite's Town Attorney and Parliamentarian. M REDUCED! 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