
Archive for May, 2009
May 29th, 2009, 3:20 pm by Le Templar
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 Hugh Hallman
One of the things I enjoy about Tempe Mayor Hugh Hallman is his deftly frequent use of humor. He knows how to poke fun at himself (maybe just little too often) and he also can use laughter to blunt the pain of some stinging criticism.
Hallman recently launched a promotional web site that’s common for most politicians these days who want to keep their public image polished for their next run for (higher?) office.
Hallman does have his critics, and one has created a video targeting the mayor’s longstanding opposition to city tax incentives for development that has changed the way public business is handled in Tempe. Check out the video for yourself, and I think you’ll agree it’s quite well done.
Instead of getting defensive, Hallman put together his own response by video that he shared with supporters and media outlets (before they had a chance to discover “Mr. Meth” on their own, I would guess). While technically not quite as slick as the original smackdown, the theme music is perfect for Hallman’s side point that the critic is hiding his or her identity (and I just happened to see Colin Hay in concert in Cave Creek Friday night).
I laughed during most of the video, but it was pretty tasteless to include the photo of Osama bid Laden (implying the critic could be a real evil character, who knows?). Sure, “Hewie” calls Hallman a liar and a hypocrite in the first video. But shouldn’t the mayor be able to rise above such petty cheap shots?
Posted in: Schools • Tempe • Uncategorized • Hugh Hallman | Post a Comment »
May 28th, 2009, 4:26 pm by Le Templar
 Thomas Boggan/Tribune file photo
West Mesa residents and their elected representatives have been frustrated for years about the deteriorating status of Fiesta Village, a once-thriving retail center located just north of Fiesta Mall. Or maybe I should say west Mesa residents have been frustrated with the strip mall’s owner, Valley developer W.M. Grace. In defiance of all logic, Grace has allowed this 15 acres to become a collection of vacant buildings and pathetic-looking parking lots, now surrounded by temporary chain-link fences.
In past meetings with the Tribune Editorial Board, Mesa city officials have talked about hints from Grace that the company was working toward a complete make-over for the site. That would be an explanation for not trying to replace exiting stores with new tenets. But the entire plaza has been empty for some time with no action on the horizon. Grace has refused to talk about what it’s doing or, more accurately, what it’s not doing.
Typically in such situations, municipalities will prod a neglectful landowner to redevelop or to sell with a combination of sweet-talk and aggressive enforcement of various health and safety codes — essentially making it too expensive for the landowner to ignore the issue any longer.
But Mesa officials say they just can’t get Grace’s attention. Requests for meetings go ignored and the company apparently is willing to absorb any maintenance costs (although a swift glance tells you just how little the company is spending).
Now, Mesa City Councilman Dennis Kavanaugh is suggesting the city should seize the property from Grace and get on with re-using it. Mesa rightly has steered clear of eminent domain redevelopment in recent years after the Tribune exposed the city’s attempted abuse of this police power to seize Bailey’s Brake Shop. But Kavanaugh’s proposal offers something that always was missing in the Bailey’s case — a legitimate public use for the land under Fiesta Village.
Mesa voters approved construction of a new police substation in November as part of a public safety bond package. Even the staunchest defenders of private property rights recognize this type of public building as an acceptable reason for government to seize land. Add in the fact that Fiesta Village meets most common definitions of “‘blight” and this might seem like a slam dunk for eminent domain.
But not so fast. Is this really the best location for a new police station in western Mesa? Would the city be considering the property if Fiesta Village still had a few stores open, or if Grace had announced plans to build a hotel/condo project at some future, unspecified date?
Also, a commenter with the screen name “Scream” on Tribune writer Sonu Munshi’s story raises an interesting point. Did Mesa contribute to the Fiesta Village’s demise with its $80 million in subsidies for the Riverview project near Loop 202 and Dobson Road? Kavanaugh told Munshi at least one reason Grace won’t communicate with the city now is because Mesa rebuffed a request several years ago for redevelopment tax incentives.
As Tibor Machan explains, protection of private property rights is essential in a truly free society that honors the supremacy of individual liberties. Property rights are so important, in fact, that government generally should avoid using eminent domain for moral reasons even when such action would be legal.
The Mesa City Council needs to consider carefully the implications of seizing Fiesta Village because the current landowner isn’t using the property as the city would like.
If that location isn’t the best site for a new police station, but “good enough,” then the only lesson that Mesa will have learned from Bailey’s Brake Shop is the city simply manufactured the wrong reason a decade ago for seizing a man’s livelihood.
Posted in: Mesa • Uncategorized • Bailey's Brake Shop • Fiesta Village | 1 Comment »
May 28th, 2009, 1:39 pm by Le Templar
Arizona State Treasurer Dean Martin met with the media at noon today outside of Phoenix Children’s Hospital to let the public know his newborn son, Austin, died Wednesday night, three days after the boy’s birth was connected to the death of Martin’s wife, Kerry.
In a moving statement shared with those (like me) who couldn’t attend, Martin reveals a special grace in dealing with this tragedy.
“While that was not the miracle everyone was praying for, we received the miracle we needed,” Martin said in his written statement. “The Lord gave all of us strength and peace and the opportunity to enjoy my son. I and my family members were able to experience the miracle of holding Austin in our arms and hugging him before he passed on. God gave me three days to get to know my son, as my wife had for nine months, and He gave me the gift of being able to hold him and say goodbye.”
Memorial arrangements for both mother and son are pending.
Posted in: Arizona government • Dean Martin • Kerry Martin | Post a Comment »
May 26th, 2009, 1:32 pm by Le Templar
The office of Arizona State Treasurer Dean Martin has sent out just about the most stunning news release I have ever read — his wife, Kerry, died Monday night while giving birth to their only son, Austin.
One of the great constants in Arizona politics in recent years has been the presence of Kerry Martin at her husband’s side as he served as a state senator and then as treasurer. Officially, Kerry was his campaign manager. Unofficially, Kerry was his staunchest supporter and probably his closest friend.
I admired from afar the strength of their marriage amid the various tests of political ambition, boundless energy and occasional mischief that Dean Martin brought to working in the public spotlight. I never heard an unkind word about Kerry Martin from anyone, which is increasingly rare this days.
Apparently, their son’s life also remains in danger, as the news release says that Dean Martin is standing vigil at the newborn’s bedside.
Meanwhile, instead of cards or flowers, Dean Martin is requesting that well-wishes be sent to dean@americanvisuals.com.

THIS UNDATED PHOTO SHOWS KERRY MARTIN (left) AND HER HUSBAND, ARIZONA STATE TREASURER DEAN MARTIN, IN CELEBRATION OF THE PENDING ARRIVAL OF THEIR SON, AUSTIN. KERRY MARTIN DIED MONDAY NIGHT AS SHE GAVE BIRTH. (Photo courtesy of the Arizona State Treasurer’s Office.)
UPDATE: Gov. Jan Brewer, who lost a son while she was secretary of state in 2007, has issued a statement this afternoon:
“Words cannot describe the grief I share with so many due to the sudden and tragic loss of Mrs. Kerry Martin. Kerry was a kind, hard-working, eternally optimistic young lady — a tremendous leader in her own right. Kerry and Dean’s devotion to one another was truly inspiring.
“The collective arms of the people of the state of Arizona embrace Treasurer Martin in this time of great loss. Our prayers are with Dean, and with his family. In particular we extend our thoughtful prayers for Austin Michael Martin.”
Posted in: Arizona government • Dean Martin • Jan Brewer • Kerry Martin | 1 Comment »
May 22nd, 2009, 4:15 pm by Le Templar

SEN. RUSSELL PEARCE, CHAIRMAN OF THE SENATE APPROPRIATIONS COMMITTEE
(Tribune file photo)
Media outlets such as Capitol Media Services and the Arizona Guardian are reporting on an outcry from Arizona cities and county governments over a new budget plan at the state Legislature to divert $190 million from vehicle license taxes to help reduce a $3.3 billion budget deficit. The proposal received initial approval Wednesday as part of an overall budget package pushed through the Senate Appropriations Committee by its chairman, Sen. Russell Pearce, R-Mesa. But Gov. Jan Brewer says she’s opposed to it.
In the past, the Tribune Editorial Board has echoed Brewer’s comments that the Legislature should solve its own fiscal problems instead of passing the buck down to lower levels of government, either by requiring them to provide services previously funded by the state or by swiping away state-shared revenues that traditionally flow to cities and counties.
But in this case, I have to say Pearce is absolutely right when he says, “The truth is, it’s a state license.”
The best-known examples of state-shared revenue comes from taxes on income and motor fuel. In theory, cities and counties could collect those taxes on their own if the state decided to use the local governments’ share elsewhere (although such additional taxes would need legislative approval). The net result would be residents paying the same type of tax twice to different levels of government. That’s clearly bad policy because it would add inefficiency and a further drag on business activity.
However, Arizona is going to issue only one type of motor vehicle license and collect the tax associated with it. If the state chooses a new role for vehicle license taxes, cities and counties aren’t ever going to get the option of issuing duplicate licenses and assessing their own taxes on top of what the state charges.
Under the Senate plan, the $190 million in vehicle license taxes would be used to reduce budget cuts to K-12 education. This is exactly the kind of thinking that we need more of at the state Capitol — determine what should be our highest public priorities and direct limited resources to support them.
Yes, cities and counties would feel the loss keenly, and we’d notice further cutbacks in local services. But I’m pretty sure most Arizonans are willing to make that sacrifice if it provides some funding stability to the education system.
Posted in: Arizona Legislature • Arizona government • Governor • Transportation • Jan Brewer • Russell Pearce • Vehicle license taxes | 2 Comments »
May 19th, 2009, 2:50 pm by Le Templar

REP. DOUG QUELLAND, R-PHOENIX, SHOWS OFF THE BICYCLE HE RIDES TO THE STATE CAPITOL. (Jonathan J. Cooper/Cronkite News Service Photo)
What does it say about the long-term viability of Arizona’s system of campaign public financing when one of its biggest champions violates its basic tenets and could be removed from elected office as a result?
The Arizona Clean Elections Commission voted 4-1 Friday to order Rep. Doug Quelland, R-Phoenix, out of office and to pay a $45,000 fine. His mistake? The commission says Quelland paid his campaign manager up to $15,000 from private business accounts instead of using the state funds assigned to Quelland. That’s the most serious legal violation that a politician can make under the Citizens Clean Elections Act, inviting the ultimate penalty of being ejected from the state Capitol.
Using public funds means abiding by strict spending limits, with the notion that politicians will be elected on the strength of their ideas rather than simply by outspending their opponents on media advertising. A candidate who spends private funds on top of the tax dollars received completely undermines the intent of spending limits.
Quelland’s explanation is so convoluted that even his Republican colleagues have stopped trying to defend him. Quelland claims he did hire Larry Davis to manage his campaign, but then fired Davis 48 hours later because Quelland didn’t like Davis’ tactics. But Quelland says he allowed Davis to stay on as a unpaid campaign volunteer and then paid Davis to work on Quelland’s private business activities.
Davis’ own testimony and bank records obtained by state subpoena flatly contradict Quelland’s statements, according to various media reports.
Former Rep. David Burnell Smith, R-Carefree, was the first lawmaker in the country to be forced out of office for not abiding by rules for taking tax funds for a campaign. Smith never was a big fan of Clean Elections but, like many Republicans, signed up because the law as designed at the time put most privately funded candidates at a lopsided disadvantage.
On the other hand, Quelland became a nationwide proponent of candidates using public funds. It would be absolutely stunning if he so blatantly violated how Arizona’s system is supposed to work.
Quelland is working on an administrative appeal and he also can seek a settlement with the commission before a final order is issued. It will be interesting to see if the experience of Quelland’s attorney, Lee Miller, affects the outcome here. Miller also was Smith’s attorney in the early stages of that case more than three years ago.
Meanwhile, I pointed out recently the entire future of Clean Elections is in doubt because of a federal lawsuit that threatens to strip away access of participating candidates to additional matching funds when opponents or independent groups spend above specific limits. A lack of matching funds could prompt most state candidates to return to private fundraising like they did before the public financing law was passed by initiative in 1998.
Posted in: Arizona Legislature • Election issues • campaign public funding • Citizens Clean Elections Action • Doug Quelland | 2 Comments »
May 18th, 2009, 12:12 pm by Le Templar

Late Friday afternoon, Arizona Attorney General Terry Goddard filed federal court papers to stop the shutdown of the Tucson Citizen. The Citizen, while the state’s oldest continually printed newspaper, had been ailing for years despite a special exemption to federal anti-trust laws that allowed it to share profits and expenses with its main local competition, the Arizona Daily Star.
The Citizen’s corporate owner, Gannett, had been operating the Citizen on a day-to-day basis while negotiating with potential buyers. But it didn’t make sense to any investors because Gannett refused to sell the Citizen’s web site or Gannett’s share of the newspaper joint operating agreement.
The Citizen announced just before 10 a.m. Friday that it was closing down the print edition the next day. But the situation had been apparent for months. So I have to wonder why Goddard’s office didn’t have an emergency motion ready to file immediately when Gannett made the closure official. Instead, Goddard’s filing came near the end of the business day, and he couldn’t get a judge to hear his request for a temporary restraining order until this afternoon.
(Here’s another question: How does Goddard serve as attorney general for more than six years and still not know a single judge that he can get to sign an emergency TRO on a Friday evening or Saturday morning?)
The Citizen’s death as a newspaper and transition to a commentary/opinion Web site might have been inevitable, but I have to agree with Goddard’s assertion that Gannett’s actions violate the intent of newspaper joint operating agreements and the underlying federal law that allows them. So it would be great if a federal judge forces Gannett to make an honest effort to sell the Citizen and its assets to someone who wants to keep it as a newspaper, instead of the shell game the company has played for the past few months.
UPDATE: U.S. District Judge Raner Collins said he will rule Tuesday on Goddard’s motion. But can Collins actually order the Citizen to start printing again (and somehow bring 50 employees back to work), or would he simply order Gannett to restart sale negotiations under a different set of conditions? Or maybe he’ll see Goddard’s move as too little, too late.
SECOND UPDATE: The judge did rule Tuesday as promised, and it was in Gannett’s favor. Apparently, the folks who wanted to buy what parts of the Citizen that Gannett was willing to sell just didn’t offer enough money to match the cost of liquidation, so no anti-trust violations occurred.
Posted in: Journalism • Newspaper Preservation Act • Terry Goddard • Tucson Citizen | 1 Comment »
May 15th, 2009, 5:51 pm by Le Templar

I’ve been away from this blog for a while because I spent much of the week serving as juror No. 1 in the state of Arizona v. Sara Byron, a criminal trial before Maricopa County Superior Court in downtown Phoenix. Being called to jury duty is quite common these days, as at least one of every four adults in this county receives a summons in a single year. Perhaps that’s why so many people who came to the courthouse last week were visibly upset at the idea of getting picked for a trial, even if it lasted only a few days.
On the other hand, it’s still rare for daily news journalists to actually be sworn in. Too often, we know about the case at hand, or we know some of the court officials and law enforcement investigators involved, or we simply can’t be trusted to avoid news reports as the trial progresses.
So I had never been in a jury pool before, which disappointed me because I have long considered jury service to be one of the two basic duties of every U.S. citizen (the other duty is voting). I did have some idea how a Maricopa County jury works, thanks to a 2002 ABC television series called “State v.” But I always wanted to experience this firsthand. Juries from a cross-section of the community are an essential check on the power of a potentially overzealous government, an issue that came up in this particular trial.
Nervous about working with complete strangers who didn’t want to be there, I was pleasantly surprised by what happened. The five women and three men (and two alternates) were normal people with interesting lives who strove in small ways to make our task less onerous – from holding the elevator door for each other to sharing lunch bills to bringing donuts and other treats for the jury deliberation room. It also helped that all of us wanted to follow the rules as outlined by Judge John Hannah. And we shared the same views about the criminal case as soon as the closing arguments were over.
Sara Byron co-owned a dental office in Sun City West, and she was locked in a bitter legal dispute with another co-owner, the dentist, who claimed he actually controlled the business. About a year ago, someone went into the office in the middle of the night, poured gasoline around various pieces of the expensive equipment and started several fires which eventually burned themselves out.
Suspicion fell on Byron because the arsonist got into the building without breaking any door locks or windows. Her alleged motives were revenge against the dentist who dragged her into court, or to obtain insurance money to buy the business outright. But Byron pointed to her roommate and close friend Donavan Bering. After a series of interviews, Bering eventually confessed to the detective that she arranged for the arson with another roommate, Zachary Proctor, who was the one who entered the building and set the fires. Bering and Proctor both pleaded guilty to felony arson.
At this point, you’re probably wondering why Byron as the co-owner was on trial. Well, the roommate Bering said she actually planned the crime with Byron, who handed over a key to the office to make it happen. But Byron insisted the roommate was lying. Bryon told a sheriff’s detective she never would want the business destroyed; that’s why she had fought so hard with the dentist to keep it. Assistant Maricopa County Attorney Jon Wendell didn’t buy Byron’s story, and took the case to trial.
Unfortunately for the prosecutor, Bering was the only person to claim that Byron was part of the conspiracy, and Bering was a terrible witness. Her explanations changed wildly over time. She couldn’t reconcile her story that Byron expected the fire to be disguised as an accident for the insurance money, with how the arson actually was carried out in such an obvious manner. Byron’s defense lawyer, Justin Beresky, called a litany of witnesses who testified that Bering constantly lied about events in her life to manipulate other people.
Finally, Bering’s accomplice, who came across as far more credible, testified for the defense that he wasn’t given any reason to believe Byron was involved.
Once we jurors gathered in our windowless conference room, one woman didn’t even want to bother with deliberations. Quoting from the judge’s instructions, she argued for an immediate vote of not guilty, “The state has the burden of proving its case beyond a reasonable doubt, and this is not even close!”
But Carol the forewoman said we owed it to the state (and county taxpayers) to review all of the evidence and be confident in our final decision. That required about 45 minutes of discussion. As we kept identifying more holes in the prosecution’s case, several of us wondered why there was a trial in the first place. Wendell’s explanation in his closing argument, and again to the jurors after the verdict was read, was that Byron had to be guilty “because she was the only one who benefited” if the business was destroyed.
And that’s the ultimate beauty of including citizen jurors in the administration of justice. If you believe in the concept of innocent until proven guilty, then we never should convict someone simply because a government prosecutor or judge wants to believe that person did wrong. Jurors apply common sense and a diversity of experiences to test whether the accused really deserves to lose her freedom and reputation.
Sara Byron cried and whispered “thank you” as the jurors walked past after the judge had read our verdict. It was our reward for doing our duty as citizens in a country that values liberty so deeply.
Posted in: Courts • Journalism • Maricopa County • Maricopa County sheriff | 4 Comments »
May 8th, 2009, 2:11 pm by Le Templar
 Tribune file photo
I respect the opposition of Rep. Sam Crump, R-Anthem, to photo enforcement in Arizona. Or at least I did. But the news conference he held Thursday to promise he would continue fighting to abolish speed cameras was comical, if not downright idiotic. Crump rushed before the microphones to explain why he’s not deterred by the arrest a day earlier of Brett Mecum, executive director of the Arizona Republican Party. The state Department of Public Safety claims Mecum was snapped by a speed camera driving 109 mph on a West Valley freeway.
Crump argued Mecum’s arrest actually proves why speed cameras should be banned, because Mecum (or whoever was driving the car) might have had a great reason for driving so fast. If a DPS trooper had pulled the motorist over instead, that person could have explained the need for speed and the kindly officer would sent him on his way. Crump claims that because a photo camera captures a single moment in time and is presented after the fact, the motorist loses any opportunity to justify his actions. Crump compared the camera’s photos to a “summary execution.”
My God, there’s so many ways to dissect what’s wrong with Crump’s position. Let me try to simplify:
- If a DPS officer had pulled over the speeding car, it would have ruined any “great” reason the driver had for traveling 109 mph. Getting stopped by a patrol officer can delay a motorist by 10 minutes or more. At least with photo enforcement, the driver had no disruptions in reaching his destination and could face the consequences later.
- Possibly anticipating this counter-argument, Crump described one scenario in which a driver has to drive so fast because another motorist suffering from “road rage” is firing a gun. As we all know, modern cars allow us to move faster than a speeding bullet.
- A speed camera doesn’t “execute” or convict anyone. It supplies visual evidence of a traffic violation or crime, which is then reviewed by a police officer or traffic expert before a ticket is issued or an arrest made. Furthermore, the evidence also must convince a judge and, in this case, potentially a jury as well.
- Crump apparently forgot DPS speed cameras also record video 24 hours a day. I’m personally opposed to this part of DPS program. But it certainly undermines Crump’s claim that only a single snapshot taken out of context is used to convict criminal speedsters.
- Crump’s entire explanation assumes that if the speed camera program didn’t exist, a DPS patrol officer would have been there to catch someone driving 109 mph. But odds are good no one would have been there. Photo enforcement has grown in popularity among law enforcement agencies because they simply can’t hire enough patrol officers to reach all of the streets and highways around the clock. The state faces a $3 billion budget deficit. It ain’t hiring anyone to replace speed cameras if they are banned.
What should Crump have said? Well, he could have used Maricopa County Andrew Thomas’ legal conclusion that law enforcement can’t rely solely on speed camera photos to convict anyone. Crump also could have reminded people of the contention by other speed camera opponents that constitutional rights are more important than the most effective law enforcement possible, or that speed cameras might be more dangerous than helpful on balance.
Instead, Crump made speed camera opponents look foolish with this crazy explanation.
Posted in: Arizona Legislature • Election issues • photo enforcement • speed cameras | 3 Comments »
May 4th, 2009, 4:30 pm by Le Templar
So, are you expecting more from your Arizona schools?
You might have seen a recent television ad, or heard one on the radio, asking you to “join the movement to strengthen education in Arizona.” These ads are part of the first wave of what’s to be an extensive campaign from a new advocacy coalition that wants to put all children into formal classrooms from the age of toddlers well into young adulthood. That group, called Expect More Arizona, says it has commitments from nine sponsors of $100,000 each (that’s nearly $1 million!) to wage a public relations blitz with the goal of a better education system becoming the state’s top policy priority.
Several leaders of Expect More Arizona said squeezing more money out of taxpayers isn’t the coalition’s underlying mission when they met last week with Tribune writer Michelle Reese and me. At least initially, the coalition wants to convince the public that Arizona must lower high drop-out rates and everyone into the workforce with more education in their background.
“This is about raising the bar, about raising expectations for what our children should be learning and doing,” said Thomas Franz, president and CEO of Greater Phoenix Leadership.
Others at the meeting keep repeating this theme, including Paul Luna of the Helios Foundation and Sally Downey, superintendent of the East Valley Institute of Technology. They all said once Arizonans agree on the compelling needs to improve education, then various public bodies can launch into more concrete debates on how that should happen.
There’s one problem with this explanation — Arizonans already place a high value on education. As just one example of this, the latest Cronkite-Eight political poll indicates the only thing that Arizona residents seem to agree on when it comes to solving the state’s budget problems is don’t cut education funding anymore. Some 69 percent of those polled said this, while the next closest area was public safety spending, which only 10 percent wanted to protect at any cost.
What Arizonans don’t agree on is the best way to spend education funds to get the maximum results. A recent movement generally called school choice emphasizes giving parents and families the greatest possible flexibility in selecting a school for their children, with the idea that the best schools will attract students (and their funding sources such as state tax dollars) and schools of poorer quality will have to improve or go out of business. Most school choice advocates believe such strategies would lead to better allocation of education dollars and would ease the pressure for every-increasing budgets to try and spend our way to smarter students.
There are a number of groups who oppose this approach, in part because public schools aren’t shielded from private competition. And guess what? Several of those groups are leading sponsors of Expect More Arizona.
I don’t doubt the group’s motivations. The people involved sincerely believe they are working to improve education and make life better for all of us. But I’m going to be skeptical of their campaign until I hear some specific ideas about what they believe the state should be doing.
Here’s one of the TV ads that Expect More Arizona has created:
Posted in: Arizona government • Presidential campaign • School choice • Schools • Expect More Arizona | Post a Comment »
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