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July 18, 2012 www.DesertMessenger.com Orgeron challenges Town in federal court By Shanana Rain Golden-Bear Quartzsite, AZ - An evidentiary hearing was held in U.S. Federal Court in Phoe- nix, Thursday, July 12, 2012. Orgeron is seeking a temporary injunction be placed upon the Town of Quartzsite to oust Council member Barbara Cowell, and to seat him on the council. Org- eron had the most votes in the May 15th council election. On June 4th, Quartz- site council members voted he was un- qualifi ed to be seated. The town alleges Orgeron did not meet the one-year resi- dency requirement for council mem- bers. According to documents present- ed, Orgeron didn't become a registered voter until June 28, 2011, less than one year from the May 15, 2012 election. At the hearing, Orgeron's attorney Kory Langhoffer presented a variety of docu- ments including a rental receipt from Holiday Palms RV Park dated 2009, the deed to his home purchased in 2010, voter registration dated 2011, etc. Judge Roslyn Silver stated she felt that if a candidate won the election, "by law, they have the duties and they have assumed the duties" of that of- fi ce. However, she also stated Ed Foster might not be quailfi ed, though she could not rule on that issue. She thanked the candidates for not getting into a fi st fi ght over being seated. Orgeron testifi ed he moved to the RV eron stated, he "moved in 3 days after the closing" on the home, and has "lived continuously" in Quartzsite. He also stated, "Quartzsite is not a place to in- vest for a return on your investment". Another issue was Orgeron's Arizona Driver's License, which apparently listed his Quartzsite PO Box number but with a Yuma zip code. Orgeron tes- tifi ed he was unaware of the mistake until he was pulled over for a broken windshield. He stated "DMV mixed up the zip code" to read 85364 (a Yuma zip code) instead of Quartzsite's 85346. Judge Silver noted Orgeron's zip code for his post offi ce box in Yuma Proving Ground (YPG) is 85365. As recently as May 30, 2012 a document park in Quartzsite in 2009 when he was hired on as Head Teacher for Quartzsite Elementary School. He was promised by Superintendent Jacque Price that if he were to become earn his master's degree (which he completed in Janu- ary, 2012), he would be then be hired as a principle. However, the town's at- torney stated Price was surprised to be asked to testify on that matter. Regarding his place of residence, Org- from the Yuma County Recorder states he was a resident at the YPG address. May 21, 2010 the La Paz County Assessor's tax statement lists Orgeron's address at that same address. His warranty deed of October 2010 also states his Yuma Post DESERT MESSENGER SUMMER SCHEDULE Special Summer Edi� ons: DATE NEXT ISSUE: Wed. Aug. 15 Returning to twice/month in September E-mail Rain at: desertmessenger7@yahoo.com www.DesertMessenger.com www.MyQuartzsite.com Desert Messenger • 541-218-2560 DEADLINE -Aug. 8 her husband had not stayed in her Yuma home since they bought the Quartzsite home in 2010. She said she now re- sides in Quartzsite, but works four 10- hour shifts at YPG and stays 3 nights in Quartzsite, where she looks forward to retiring. Mrs. Orgeron did not vote for her husband in the March 13th primary, as she did not register to vote in La Paz County until the end of March, 2012. There were no witnesses for the Town. Judge Silver addressed the town's ordinance 2-1-3 which states, "Coun- cil Members shall assume the duties Offi ce Box, but the Deed of Trust shows the Quartzsite RV Park mailing address. By December 2010, Quartzsite water bills displayed a Quartzsite PO Box with the zip code of 85346, while electric bills displayed Yuma PO Box. Jeffrey Murray, town's attorney ques- tioned Orgeron about why he didn't vote anywhere since the 2008 presi- dential election. Orgeron testifi ed, "I didn't vote [in Quartzsite] because I felt I'm not qualifi ed to vote." He con- tinued saying he didn't "know who the players were and the issues" in town, however it was also determined he did not vote in Ed Foster's recall in 2010. Orgeron's wife, Cheryl, testifi ed that Page 3 of offi ce at the regularly scheduled Council meeting next following the date of the general election at which, or effective as of the date of which, the Council Members were elected. Mayor and Council Members will abide by the Quartzsite Town Council Proce- dure and Legal and Ethical Standards (Quartzsite Town Council Procedure Policy) of Conduct Manual." She stated, "If Mr. Orgeron was elect- ed, he had that membership right, and not to give him that opportunity to serve was not fair." The fi nal issue is the The Voters Rights Act of 1965, which prohibits states from imposing any "voting qualifi cation or pre- requisite to voting, or standard, practice, or procedure ... to deny or abridge the right of any citizen of the United States to vote on account of race or color." Judge Silver admitted she did not give prior notice to the town's attorney that she wanted to deal with the Voting Rights Act, which was recently added by Orgeron's attorney. She gave both par- ties until Friday, July 20th to provide supplemental briefs and responses re- garding whether or not the federal court has jurisdiction on the Voters Rights Act. A ruling is expected shortly thereafter. Pocket Watches (keeping time or not) PUBLIC NOTICE Jim Buys All Non-Quartz This week Jim wants to spend $10,000.00 PAYING $22 PER GRAM FOR 14K GOLD* Jim Buys GOLD in Quartzsite! 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