Desert Messenger

September 5, 2012

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Page 14 TOWN HALL FROM PAGE 5 on 3 of the 4 items on the agenda. He officially "disapproved the notice and agenda" and notified AG's office there may be a violation of Open Meeting Law. Items on the agenda included: possible action on the services of Alex Taft, and Assist. Manager Al Johnson, reinstatement of Gilbert and Garcia. 5:01pm Monday, Taft issued the fol- lowing press release, "Today the Town of Quartzsite has given the evidence to DPS in the matter of the investiga- tion into Sgt. Garcia and Police Chief Jeff Gilbert. DPS will be investigating this matter rather than another law enforcement agency as suggested in the August 27, 2012 Council Meeting." However on Tuesday, August 28: At noon Taft issued the following press release: "The Town of Quartzsite has turned over evidence regarding the in- vestigation into Chief Gilbert and Sgt. Garcia to DPS. DPS is still consider- ing the matter for review." In an attempt to stop Tuesday's coun- cil meeting from occurring, Brannan filed a Motion for Temporary Restrain- ing Order (TRO) against the Quartz- site Town Council Members in La Paz County Superior Court. Brannan said council had not provided her with any notice of complaints, and firing or sus- pending her would violate her consti- tutional right to due process. His com- plaint also asked for Tuesday evening, council members were delivered a copy of the Motion for TRO. There was no judge's signature on this document nor a court stamp showing it was received. Tuesday, August 28th: Tuesday morning, QPD officers deliv- ered Council members another copy of the Motion for TRO with court stamp but without a judge's signature, even though Ed Foster and Parker Live On- line were reporting otherwise. Shortly after 1pm, Judge Michael Burke finally issued a signed TRO and stopped the possible actions on Gilbert, John- son and Garcia, stating "According to Quartzsite Town Code 3-2-1 F, the council can not interfere with appoint- ments or removals" made by the town manager. However he stated council could discuss the matter with Town Manager. Regarding Taft, the court found that because she serves at the pleasure of the council, she may be removed with- out cause and without notice with a Call toll-free: 1-888-420-6391 Are You Still Paying Too Much For Your Medications? You can save up to 90% when you fill your prescriptions at our Canadian and International Pharmacies. LipitorTM $570.81 Bottle A Typical US brand price for 20mg x 100 Manufactured by PfizerTM Bottle B Atorvastatin* $67.00 Generic equivalent of LipitorTM generic price for 20mg x 100 Manufactured by Generics Manufacturers Compare Our Prices! Call us toll-free at 1-888-420-6391. 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Generic equivalents are equal to their "brand" counterparts in Active Ingredients, Dosage, Safety, Strength, Quality, Performance and Intended use. It may vary in colour, shape, size, cost and appearance. majority of the vote. Regarding Gilbert, Judge Burke stated "because the Town Manager appoints the Chief of Police with the concur- rence of the Town Council, any rein- statement of the Chief of Police from administrative leave must be done by the Town Manager with the concur- rence of the Town Council." As council members arrived at Town Hall just prior to the 3pm meeting, they were served the signed TRO. Burke set a hearing for a preliminary injunction on these matters for 3:30 p.m. Sept. 11. Five of six current council members appeared at Tuesday's meeting (Car- ol Kelley was absent due to medical issues.)According to Judge Burke and Brannan, the council could only dis- cuss and take action on the services of Town Manager Taft. Brannan said council could only terminate Taft with- out cause and without discussion. Org- eron disagreed, saying he interpreted Burke to say the could not discuss the other three items. Council Member Norma Crooks motioned to go into ex- ecutive session. Brannan advised the council they could not go into execu- tive session because the executive ses- September 5, 2012 sion notice had "inadvertently been left off the agenda." Orgeron proceeded to read the notice on today's agenda pur- suant to ARS 38-431-03 (A). Brannan then advised the council they could not go into executive session because they didn't specify the statute, even though Orgeron read the entire notice includ- ing the statute. After returning from executive ses- sion, council voted 4-1 to place Taft on paid administrative leave effective after the meeting. No reason was giv- en. Council announced Terry Frausto, Town Clerk would be the Acting Town Manager and was not to have any con- tact with Taft. In another matter, Council Member Pat Workman sent a letter to Acting Town Manager Terry Frausto request- ing she take action against Johnson af- ter he denied her access to her Town Hall mailbox and to Town Hall itself. Brannan then filed a motion requesting that Councilwoman Patricia Workman be held in contempt of court. In his mo- tion, Brannan used Burke's ruling that council members could not take action against appointed employees. Predictable Financial Future Create a Stable and Find out how you can supplement Social Security and other pension plans; protect your savings against market downturns and guard against outliving your assets. 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