Opinions

Opinions

THE OPINIONS IN THIS SECTION WERE WRITTEN BY COMMUNITY MEMBERS  AND MANY WERE FIRST PUBLISHED IN THE FOUNTAIN HILLS TIMES INDEPENDENT.

THE PAPER  HAS BEEN UNFAIRLY ATTACKED BY ROT AND ITS SUPPORTERS AS  “PARTISAN” AND HAS LOST SUBSCRIPTIONS AS A RESULT.

PLEASE CONSIDER SUBSCRIBING TO OUR COMMUNITY NEWSPAPER. DEMOCRACY DIES IN INFORMATION SILOS.

https://www.fhtimes.com/

An Emboldened Friedel is Now Gaslighting us From the Dais

Arrogance or Ignorance?

Creepy, Phony, & Now a Proven Liar: We Don’t Need Another Agent of Chaos

Why Did Ben & Gerry Lie About the Funding For The Lake Liner?

Friedel and His Personal Attorney Jennifer Wright are Teeing Up Even More Litigation for Us to Pay for

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Turning Point Targets April 7th SRP Board Elections

We Took the Wrong Road. Can We Find Our Way Back?

We Can Raise a Million Dollars to Support Our Schools and It Won’t Cost Us a Dime

Another Example of the Mayor’s Partisanship

Whimsical Woodland: Autocrat Mayor Undermines Staff

Jennifer Wright Officially Joins Team ‘Hide the Ball’

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Do You Remember Mayoral Candidate Friedel Running on ‘Transparency’? We Do!

Setting the Record Straight on What Happened at Town Hall

Town Council’s Actions Have Pushed Fountain Hills Into a “Dark Chasm”

A Troubling Attempt to Silence Fountain Hills Residents

Sprouts Is Coming – But Don’t Forget Who Tried to Stop It

Town Council: We Have Seen What Extreme Partisanship Looks Like. Is This What We Want?

A Town Attorney Appointment Undermining Public Trust

A Second Homeschooling Candidate Resigns from the FHUSD Governing Board  

No One Owes Allen Skillicorn an Apology

Gerry Friedel’s ‘Show Me Your Papers’ Moment: Intimidation in the Council Chambers

Allen Skillicorn’s War on Truth – and the Bodycam That Exposes It

ROT’s Chair Spins Fiction, Not Facts – Skillicorn Broke the Law

Mayor Friedel Questions Long-Time Resident’s Right to Speak

Mayor Friedel’s Double Standard on Decorum

Fountain Hills Officials Punished a Paper for Coverage They Don’t Like

Skillicorn Skates

From Park Place to the Town Attorney: A Council in Disarray

‘Great Replacement Theory’ Is a ‘White-Nationalist Conspiracy’; Do Not Normalize It

Just Say No to a Statue of Charlie Kirk in Fountain Hills

Transparency Means Access — for All Residents, Not a Chosen Few

When MAGA Cries ‘Communism,’ It’s Projection — Even Here in Fountain Hills

The Mayor’s MCSO Savings Claim Doesn’t Match the Record

From Park Place to the Town Attorney: A Council in Disarray

What Has This Council Actually Accomplished?

From Press Table to Public Insults: The Mayor’s War on Local Journalism

It seems like Gerry Friedel — the self-styled “transparency” mayor (sarcasm) — continues to hold a grudge against our community news outlet, the Fountain Hills Times Independent.

Many likely remember the juvenile action against the Times Independent when Mayor Friedel and Councilmembers Watts and Larrabee, according to a public records request, had the paper’s press table removed from Council meetings in May. Town Manager Rachael Goodwin stated at the time: “There was a discussion and a directive from the mayor and several other councilmembers with the request to remove the table from the space,” Goodwin said. (Read the full story here: https://www.phoenixnewtimes.com/…/fountain-hills….)

That apparently wasn’t enough for Friedel. In a private Facebook group, under a post celebrating the ousting of a progressive journalist at the Arizona Republic, he took aim at our own community paper, commenting: “How about The Depressing Times next.”

Whether mocking the Times Independent outright or endorsing the silencing of progressive voices, the message was clear: this mayor would rather see our local paper diminished than respected for its service to the community.

In addition to attacking our community paper — which provides an outstanding service — these same individuals recently placed an election denier in the role of Town Attorney.

 

 

 

 

 

 

 

 

 

Ethics Complaint filed against Friedel.

Beth Culp
15429 East Richwood Avenue
Fountain Hills, AZ 85268

Subject: Ethics Violations Committed by Mayor Gerry Friedel 

Mayor Gerry Friedel has violated the Code of Ethics found in the Town of Fountain Hills  Rules of Procedure by making misleading and false statements in an effort to take  undeserved credit for the 6% reduction in the amount Fountain Hills residents will pay  for police services in FY 2026. The misleading and false statements include the  following, made by Friedel in a letter to the editor of the Fountain Hills Times, published  on February 21, 2025: “My meetings with Sheriff Jerry Sheridan resulted in year-over year savings of 6% or approximately $370,000.” 

This statement was a complete fabrication, made with the intent to affirmatively mislead  the residents of Fountain Hills. 

As set out in greater detail below, the Maricopa County Sheriff’s Office (“MCSO”)  provides police services to Fountain Hills, pursuant to an Intergovernmental Agencies’ Service Agreement (“the Agreement”). Throughout his mayoral campaign Friedel criticized his opponent, former mayor Ginny Dickey, for negotiating an agreement that  was unfavorable to Fountain Hills. Friedel claimed that the Town had been overcharged  for the police services provided under the Agreement and, as a result, MCSO owed the  Town hundreds of thousands of dollars. During the campaign Friedel also announced  his intent to renegotiate the terms of the contract if he was elected. 

In campaign advertisements Friedel pledged that, if elected, he would meet with the new MCSO Sheriff within the first 100 days of his administration, presumably as a first  step in recovering the alleged overpayments and renegotiating the Agreement.  

On February 5, 2025, Jim Prindiville, the MCSO’s Chief Financial Officer, advised the  Fountain Hills Town Manager that primarily due to a decision made by the Maricopa County Board of Supervisors in 2023, to pay down unfunded pension benefits for sworn officers, Fountain Hills would be charged approximately 6% less for law enforcement  services during the upcoming fiscal year.  

One day later, on February 6th Friedel, suggested in a meeting with constituents and in  a press release, that following his meeting with Sheriff Sheridan, the MCSO responded  to the concerns expressed during his meeting with Sheridan, by reducing the amount  that Fountain Hills would pay for police services by 6%. 

On February 21, 2025, in a purported effort to clear up the “confusion” about the  reduction Friedel claimed that his meetings with Sheriff Sheridan “resulted in year-over year savings of 6% or approximately $370,000.

Many residents of Fountain Hills are still operating under the mistaken belief that  Friedel’s meeting with Sheriff Sheridan saved taxpayers $370,000. By attempting to  and succeeding in misleading the residents of Fountain Hills Friedel breached his  ethical obligations as codified in the Fountain Hills Town Code. 

All of the ethical violations described below have either been  

Committed or discovered by me within the past 90 days. 

The Code of Ethics is found in Section 8 of the Fountain Hills Rules of Procedure.  

Friedel violated both the letter and spirit of the Code of Ethics by falsely representing that his meetings with Sheriff Sheridan resulted in a $370,000 reduction in the amount  paid by Fountain Hills taxpayers for law enforcement services. In making these misrepresentations and false statements, Friedel sought to and did lead members of the  public to believe that he had fulfilled his campaign promises to recoup alleged  overpayments and renegotiate the terms of the Agreement.  

Section 8.4 of the Code of Ethics obligates every councilmember to: “be dedicated to  the highest ideals of honor, ethics and integrity in all public and personal relationships.”  

Friedel’s act of falsely taking credit for the $370,000 reduction of the cost of police  services undeniably demonstrated a profound lack of honor, ethics, and integrity.  

The most fundamental obligation of a public official is to be honest in his  communications with the public, particularly as to matters of public interest and concern.  For the past 18 months the MCSO Agreement has been a matter of keen public interest,  based primarily on the criticisms levelled by Friedel and his supporters.

Section 8.6 of the Code incorporates the following relevant provision: 

A. Accountability. We shall ensure that government is conducted openly,  efficiently, equitably, and honorably and in a manner that permits citizens to be fully  informed to allow them to hold Town officials accountable. (emphasis supplied) 

The term “honorably” refers to conduct that is honest, fair and deserving of respect.  Friedel did not act “honorably” when he falsely claimed that his meetings with Sheriff  Sheridan resulted in a $370,000 reduction in the cost of the MCSO contract.  

Friedel made the false and misleading statements described in this Complaint, to lead residents to believe that, after less than 100 days in office, he had succeeded in fulfilling his campaign promise to obtain concessions from the MCSO to make the agreement  more favorable to the Town. Had the truth not been discovered, the public would have  been deprived of the opportunity to hold Friedel accountable. 

Section 8.6 of the Code incorporates the following relevant provision: 

B. Respectability. We shall safeguard public confidence in the integrity of Town  government by being honest, fair, caring, and respectful and by avoiding conduct  creating the unexplainable appearance of impropriety, or impropriety or which is  otherwise unbefitting a public official. 

Friedel’s act of falsely taking credit for the $370,000 reduction of the cost of police  services under the MCSO contract undermined public confidence in the integrity of  Town government. It cannot be disputed that dishonesty constitutes conduct that is  “unbefitting” a public official”. 

MCSO’s Law Enforcement Services Agreement with Fountain Hills, and other  municipalities that contract for its law enforcement services, including Cave Creek and  Carefree, is based on a “cost recovery” model. Essentially, the MCSO recovers the direct  costs it incurs in providing law enforcement services and assesses an additional 3% to  recover its indirect administrative costs. A copy of the MCSO agreement will be provided  to the investigator upon request. 

In the contract, municipalities agree to reimburse the MCSO as detailed in annualized  worksheets for the fiscal year (See, MCSO Agreement Section III. A. 1) The total amount  paid under the contract on a fiscal year basis is subject to a 3% administrative service  charge “to help recover a portion of the administrative support costs” (III. D.6) 

The reimbursement costs under the agreement are reviewed and revised annually. (III. B.)  The MCSO agrees that no later than February 20 of the preceding fiscal year, it will provide  the town manager with the calculated annualized amount to be paid for the upcoming  fiscal year. (III.B.1). This February deadline aWords the municipalities to factor in the cost of  public safety services in budgeting for the upcoming fiscal year. 

On February 5, 2025, the MCSO fulfilled its obligation to communicate its calculations  and the resulting annualized adjustment to Fountain Hills through a letter signed by Jim  Prindiville. The town managers of the other municipalities served by the MCSO would  have received similar letters. The most relevant pages of the February 5th letter are found  below: 

The letter from Mr. Prindiville begins with the following two paragraphs: 

“Enclosed, per Section III.A.2.a. of the Law Enforcement Services Agreement  between the Town of Fountain Hills and Maricopa County on behalf of the SheriW’s  OWice, is the updated Worksheet (Exhibit A) with Law Enforcement charges for FY 2026, eWective July 1, 2025. “ 

The FY 2026 cost is $5,759,468.37. This a net decrease of $373,243.21 (6.09%) from the current year. “ 

The explanation for the $370,000 reduction was provided on page 2 of the letter in the  following paragraph:

“In 2023, the Maricopa County Board of Supervisors took advantage of low interest  rates to pay down unfunded pension liabilities, directing $500 million into the Public  Safety Personnel Retirement System (PSPRS) and Corrections OWicer Retirement  Plan (CORP). This is the first year of reduced pension contribution rates, and they  are reflected in the lower benefits rate applied to sworn deputy compensation. “ 

It is my understanding that on or about February 5, 2025, the town managers of Carefree  and Cave Creek received a similar communication from Mr. Prindiville. It is also my  understanding that those municipalities were advised that the towns they managed would  also pay approximately 6% less for police services during the upcoming fiscal year. The  investigator should be able to confirm my understanding by contacting the town managers  of those communities. 

The documentary evidence establishes that the “savings” Friedel has taken credit for was  the result of MCSO’s reduced personnel costs stemming from a decision made by the  Maricopa County Board of Supervisors in 2023, and did not result from any meeting or  meetings Friedel had with SheriW Sheridan. 

During his campaign Friedel pledged to hold monthly gatherings where residents could  ask him any question and he would respond with an honest answer. Friedel asserted that  these meetings would promote “transparency” which he claimed had been lacking during the prior administration. 

On the morning of February 6, 2025, Friedel hosted his first “CoWee with the Mayor”.  During this inaugural event, Friedel stood in the center of the restaurant’s dining room and  announced that he had good news about the MCSO agreement. Friedel then advised the  attendees that following his meeting with the newly elected sheriW, the MCSO had  determined that the cost of police services would be reduced by 6% eWective July 1.  

Friedel beamed and the attendees applauded. Later, as he made his way around the room  greeting constituents and shaking hands Friedel accepted congratulations for his  success.  

On the day of the Mayor’s CoWee, a “News Flash” was published on the Town of Fountain  Hills website. The press release was titled, “Town’s MCSO Law Enforcement Contract to  Decrease Significantly with No Cuts to Service”. 

In the press release, disseminated to other media outlets, including KTAR and the  Fountain Hills Times Friedel was quoted as follows: 

“I am pleased to announce that the MCSO contract for Fountain Hills residents will go  down roughly 6%!” said Mayor Gerry M. Friedel. “A short time after being sworn in, SheriW  Jerry Sheridan and I met. I expressed the concerns I had with the contract and to say he  listened would be an understatement! This is a win for our entire community.” 

https://fountainhillsaz.gov/CivicAlerts.aspx?AID=732

Three weeks after this press release was issued, in response to a Request for Public  Records submitted to the Town of Fountain Hills, I was provided with an email showing the  edits to the February 6 press release prepared by Town StaW, including Paul Soldinger, the  Town’s Chief Financial OWicer. The following screen shot of this email is diWicult to read  but a hard copy of the original can be obtained by the investigator directly from the Town. 

The redlining, in the draft press release, indicates that the following sentence had been  included in an earlier draft: “The savings are administrative in nature, with much of it  coming from its [MCSO’s] handling benefits payments throughout their agency.” (Paragraph 4, second sentence, emphasis supplied.) Mr. Soldinger suggested that the  preceding sentence be modified to read: “The savings are administrative in nature, with much of it coming from MCSO employee benefit costs.” (Id. emphasis supplied) Neither of  these sentences, explaining the reasons for the reduction, were included in the published  version of the press release. 

The redlined document demonstrates that as of 11:25 AM on February 6, 2025, the draft  press release correctly advised the residents of Fountain Hills that the reduction was the  result of an annual administrative adjustment and, by implication, that the “savings” could  not have been the result of any meeting or meetings between Friedel and SheriW Sheridan 

To date, Friedel has failed to advise the residents of Fountain Hills what they should have  been told during the Mayor’s CoWee and in the February 6 press release: The 6% cost  reduction was a function of the savings realized by MCSO attributable to its reduced  employee benefit costs that were passed through to Fountain Hills. 

Toward the end of a letter to the editor, published on February 21, 2025, Friedel took direct  credit for the $370,000 “savings”. Friedel’s letter was written as a response to a letter to the  editor published by a Fountain Hills resident, Michael Scott, that questioned the propriety  of Friedel’s meeting with Sheridan.  

Friedel’s letter, titled “Confusion Over MCSO Contract Savings” can be accessed via the  following link: 

HTTPS://WWW.FHTIMES.COM/STORIES/CONFUSION-OVER-MCSO-CONTRACT SAVINGS-IN-FOUNTAIN-HILLS,565340 

In the letter to the editor Friedel took full credit for the $370,000 savings to taxpayers in the  following sentence: “My meetings with SheriW Jerry Sheridan resulted in year over year  savings of 6% or approximately $370,000.”

It appears that Friedel’s unambiguous and unsupportedstatement, that his meetings with  the sheriW resulted in the $370,000 savings, may have come to the attention of SheriW  Sheridan or other MCSO oWicials, who asked him to withdraw his claim. 

After the letter to the editor was published, Friedel attempted to walk back his statement,  through the following “Friedel Friday” post. The post was not published on any of Friedel’s  oWicial pages or on the Town’s website. As far as I have been able to determine, the Friedel  Friday post was only published on a private Facebook Group, Fountain Hills Connection,  that is known for blocking and banishing Friedel’s critics, including me.  

In this post Friedel stated: “Let me be clear this [the 6% reduction] has nothing to do with  me…” 

Friedel’s admission, made to a private Facebook group, does not absolve him of  responsibility for his ethical violations. Based on the comments accompanying the post and a statement made by a resident, during the March 4 Town Council meeting, residents  continue to believe that the Friedel’s meeting with SheriW Sheridan resulted in the 6%  reduction in the cost of police services.  

During the “Call to the Public” at the March 4 Town Council meeting I advised the council  and the attendees of my belief, based on the documents I had reviewed, that the mayor  had been dishonest when he stated that his “meetings with SheriW Jerry Sheridan resulted  in year over year savings of 6% or approximately $370,000.” Friedel made no response to  my presentation, although the Rules of Procedure allowed him that opportunity

The misleading and false statements made by Friedel concerning a matter of public  interest evidenced a lack of honesty and integrity, undermined public confidence in Town  Government and constituted conduct unbefitting a public oWicial. 

Respectfully submitted, 

Beth Culp
bethanykculp@gmail.com
651-295-1334

NO, MAYOR FREDEL’S MEETINGS WITH SHERIFF SHERIDAN DID NOT RESULT IN A $370,000 SAVINGS FOR FOUNTAIN HILLS TAXPAYERS 

When Gerry Friedel woke up on February 6th, he must have been feeling very lucky. That day he would fulfill one of the 12 commitments he made in his “100 Day Pledge to Residents,” widely circulated at the end of his campaign. That morning, he would fulfill his pledge “to establish (sic) monthly coffee with the Mayor to ensure transparency”. Admittedly, not a particularly notable achievement, but it was one pledge down and 11 to go. 

But, the exciting part, the lucky part, responsible for the jaunty spring in Friedel’s step that brisk morning, was “the letter.” The letter the Town had received just the day before.  A letter that looked like the letter the Town received in February every year with the “re line” “FY2026 Contracted Law Enforcement”.  The letter from the COO of the MCSO advising Fountain Hills how much it would pay for Law Enforcement Services during the upcoming fiscal year. But this year the letter was very different.  This year for the first time, the letter advised the Town Manager, Rachael Goodwin, that next year Fountain Hills would pay less for law enforcement services.  The reduction was not the result of anything Friedel did or said.  It was an adjustment made every year that was always communicated in February.

Under the terms of its Law Enforcement Services Agreements with the towns and cities it contracts with, in February of each year MCSO must advise the municipalities of the amount they will be assessed for police services during the upcoming fiscal year. The February deadline ensures that MCSO’s “clients” will have sufficient time to factor this this expense into their budgets for the upcoming fiscal year. 

The annual adjustments made by MCSO are based on its past and projected costs. Usually, due primarily to inflation, the amount to be paid goes up, but this year would be different. This year, to Friedel’s delight, the number was actually going down and he had made a decision that during the first “Coffee with the Mayor” he would take credit for this unanticipated windfall.

A letter of a sheriff's office

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A document with numbers and text

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The letter signed by Jim Prindiville, the Chief Operating Officer for the Maricopa County Sheriff’s Office, reported that, as a result of a decision made by the Maricopa County Board of Supervisors in 2023, the amount to be paid by Fountain Hills during the next fiscal year would be decreased by $373,468.27.  Other municipalities that contracted with MCSO for law enforcement services, including Carefree and Cave Creek, would have received similar advisories from Mr. Prindiville. 

Friedel, apparently believing that the actual reasons for the reduction would not be made public, decided that he would take the credit for the “savings”. For well over a year,  Friedel had made the MCSO contract a campaign issue, claiming that Fountain Hills was paying for the police service the MCSO provided to Rio Verde. He contended that the contract renegotiated during Mayor Dickey’s term was woefully inadequate and even suggested that Mayor Dickey had failed to address the contract’s many inadequacies because she and Sheriff Penzone were both democrats.  Friedel had repeatedly stated that, if elected, he would negotiate a better deal.

During the “Coffee with the Mayor” Friedel stood in the center of the room and first announced that he had fulfilled his pledge to meet with the newly elected sheriff, Jerry Sheridan, to review the MCSO contract and share his often-voiced concern that Fountain Hills was not getting what it was paying for.  Friedel went on to advise the attendees that following this meeting MCSO decided to reduce the contract’s cost by 6% for the upcoming fiscal year.

 Friedel’s announcement was met with applause by his many supporters and with skepticism by at least one observer, who familiar with the terms of the MCSO contract, including the annual cost adjustments, decided to request and review the correspondence advising Fountain Hills of the reduction. 

A screenshot of a phone

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On the day of the Mayor’s Coffee,  Fountain Hills posted a “News Flash” titled: “Towns MCSO Law Enforcement Contract to Decrease Significantly with No Cuts to Service”.  In the press release, widely disseminated to other media outlets, Friedel made the following statement:

“I am pleased to announce that the MCSO contract for Fountain Hills residents will go down roughly 6%!” said Mayor Gerry M. Friedel. “A short time after being sworn in, Sheriff Jerry Sheridan and I met. I expressed the concerns I had with the contract and to say he listened would be an understatement! This is a win for our entire community.” 

This was not the first draft of the press release. In an earlier draft, Paul Soldinger, the Chief Financial Officer for the town, suggested a version that would have truthfully advised the public that the “savings” was the result of a reduction of MCSO’s personnel costs and not the result of Friedel’s meeting with Sheridan. This version was rejected in favor of the one that would allow Friedel to suggest and later claim that Sheridan agreed to give the Town a discount after Friedel expressed his concerns about the contract.

The statement was carefully crafted to imply but not directly state that Friedel’s meeting with the sheriff resulted in the MCSO’s decision to charge fountain Hills $370,000 less for police services.  

The inclusion of the phrase ‘to say he [Sheridan] listened would be an understatement!’  clearly implies that after hearing Friedel’s concerns, the Sheriff agreed to give Fountain Hills a discount. Clearly, that is what many of Friedel’s supporters believed. Following the announcement, he was showered with praise. 

In a post, now deleted, Councilmember Hannah Toth boasted that, in a few short months the “conservatives” had saved Fountain Hills taxpayers “almost a million”. 

Toward the end of a letter to the editor, published on February 21st, Friedel took direct credit for the reduction.

Opinion

Confusion over MCSO contract savings in Fountain Hills

Posted Friday, February 21, 2025 10:42 am

By Gerry Friedel | Mayor, Town of Fountain Hills

My meetings with Sheriff Jerry Sheridan resulted in year-over-year savings of 6%, or approximately $370,000. The new contract is the first MCSO contract savings in decades.  

If Gerry’s initial statement was circumspect, leaving room for plausible deniability, the statement he made in the February 21st letter to the editor was not. This statement, directly linking Friedel’s meetings with Sheridan to the reduction, left no room for interpretation or plausible deniability. The statement was a blatant misrepresentation and there is a contract and a letter to prove it. 

MCSO’s Law Enforcement Services Agreement with Fountain Hills, and other municipalities that contract for its services, is based on a “cost recovery” model.  Essentially, the MCSO recovers the direct costs it incurs in providing law enforcement services and assesses an additional 3% to recover its indirect administrative costs. 

In the contract, municipalities agree to reimburse the MCSO as detailed in annualized worksheets for the fiscal year  (See, MCSO Agreement Section III. A. 1)  The total amount paid under the contract on a fiscal year basis is subject to a 3% administrative service charge “to help recover a portion of the administrative support costs”  (III. D.6)

The reimbursement costs under the agreement are reviewed and revised annually. (III. B.) The MCSO agrees that no later than Februrary 20 of the preceding fiscal year, it will provide the town manager with the calculated annualized amount to be paid for the upcoming fiscal year.  (III.B.1).

On February 5, 2025, the MCSO fulfilled its obligation to communicate its calculations and the resulting annualized adjustment to Fountain Hills. The letter from Mr. Prindiville begins with the following two paragraphs: 

“Enclosed, per Section III.A.2.a. of the Law Enforcement Services Agreement between the Town of Fountain Hills and Maricopa County on behalf of the Sheriff’s Office, is the updated Worksheet (Exhibit A) with Law Enforcement charges for FY 2026, effective July 1, 2025. “

The FY 2026 cost is $5,759,468.37. This a net decrease of $373,243.21 (6.09%) from the current year. “

The explanation for the reduction was provided on page 2 of the letter in the following paragraph:

“In 2023, the Maricopa County Board of Supervisors took advantage of low interest rates to pay down unfunded pension liabilities, directing $500 million into the Public Safety Personnel Retirement System (PSPRS) and Corrections Officer Retirement Plan (CORP). This is the first year of reduced pension contribution rates, and they are reflected in the lower benefits rate applied to sworn deputy compensation. “

The reduction had no connection to and certainly did not result from Friedel’s meetings with Sheriff Sheridan.  We do not doubt that a meeting or meetings were held where Friedel expressed his concerns to the Sheriff. But the Sheriff did not respond to Friedel’s concerns by cutting him a deal to knock 6% off the amount Fountain Hills would be required to pay during the next fiscal year. 

As evidenced by the letter from Mr. Prindiville, pictured above, the events that led to the reduction had been in the works years before the mayor and the sheriff met.  In 2023, the Maricopa County Board of Supervisors decided to pay down the County’s unfunded pension liabilities under the Arizona Public Safety Personnel Retirement System. This “pay down” resulted in lower personnel costs for MCSO and a corresponding cost reduction for Fountain Hills and other municipalities (including Carefree and Cave Creek) it serves. The reduction was also attributed to vacancy credits, negotiated into the contract during Mayor Dickey’s administration, resulting at the time, in a $722,000 reduction.   Notably, but not surprisingly, Mayor Dickey never attempted to take credit for this considerably more significant “reduction”.

It appears that Friedel’s unambiguous and unsupported claim that his meetings with the sheriff resulted in the reduction concerned either Sheridan or other MCSO officials.  After the letter to the editor was published, Friedel attempted to walk back his statement, through a “Friedel Friday” that was not published on his official page but to a large, private Facebook Group, known for blocking and banishing Friedel’s critics.  In this post Friedel stated: “Let me be clear this [the 6% reduction] has nothing to do with me…”

A screenshot of a social media post

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Friedel’s ultimate admission that he had nothing to do with the 6% reduction was too little -too late.  Based on the comments accompanying the post, Friedel’s supporters viewed this statement not as an admission that he had not told them the truth in his initial statements,  but as evidence of his humility, a humble man’s reluctance to take credit where credit was due. 

Toward the conclusion of the letter to the  editor, Friedel wrote: “I will always be transparent to the residents of Fountain Hills.”   

In retrospect, Friedel’s choice of the preposition “to” as opposed to “with” is both significant and ironic.  Friedel is transparent to those residents who can see through his inartful attempts at deception, but Friedel has not been transparent with any of us.

Prop 312 and the Homeless

A person sleeping on the ground

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Photo source: American Psychological Association, “Laws banning sleeping outdoors criminalize homelessness,” Oct.1, 2024

FOR THOSE WITHOUT SHELTER WINTER IS COMING 

It has been estimated that each year approximately 5 million U.S. residents lose their housing because they can no longer afford it, resulting in evictions and foreclosures. For the majority, this will be there first experience with homelessness, and most are able to find shelter with the help and support of friends, family, government, and private social service agencies. But the demand for housing exceeds the supply, and those who cannot find shelter or due to mental illness or addiction, are incapable of locating it, find themselves living on the streets. 

Despite the best efforts of Allen Skillicorn and other alarmists, to convince us otherwise, the reasonable residents of Fountain Hills recognize that, with very few exceptions, those who live in or pass through our town can go to sleep every night with a roof over their heads. That is not the case in many other towns and cities in Maricopa County or the United States.

The Maricopa County Association of Governments (“MAG”) participates in the Continuum of Care program (“CoC”), a national community focused approach to ending homelessness.   Since 1999 MAG has provided staffing and financial support to the Maricopa County CoC.  

Each year the CoC conducts a survey to identify the number of people who are without housing or living in shelters on a single day – the “point in time”.  Shelter outreach teams and volunteers participate in this effort. The results of the survey are analyzed to determine what, if any, progress has been made in reducing the number of people who are unhoused; how to allocate existing resources; and what additional resources are needed. 

According to the Point in Time (“PIT”) survey conducted on Jan. 22, 2024, there were 4,076 residents of Maricopa County who were without housing, a 17 percent decrease from the prior year. On that same date, there were 5,359 people in emergency shelters or transitional housing, a 13 percent  increase from the prior year.  According to the national PIT report, on Jan.  21, 2024, 653,104 people were without shelter, a 12 percent increase from the prior year.   

Is a crackdown coming?

Until recently, local governments were reluctant to attempt to curb homelessness by imposing criminal penalties based, in part, on the belief that it would be unconstitutional. This belief was based on case law, like the Ninth Circuit’s decision in Martin v. Boise, where the court found that imposing criminal penalties on individuals without shelter violated the Eighth Amendment’s prohibition against cruel and unusual punishment. According to the Ninth Circuit, “as long as there is no option of sleeping indoors, the government cannot criminalize indigent, homeless people for sleeping outdoors, on public property, on the false premise they had a choice in the matter.”  

Local governments no longer need to be concerned with constitutional constraints on their power to punish the homeless for the crime of sleeping on the streets. In July of this year the United States Supreme Court issued its ruling in the case of Grants Pass v. Johnson. The Supreme Court found that laws, regulations and ordinances that ban sleeping or camping on public property and impose criminal penalties on individuals who violate the bans do not violate the Eighth Amendment.  

Last year, in the aftermath of the controversy, sparked by Councilmember Skillicorn’s relentless fear mongering, the Fountain Hills Town Council enacted an ordinance (11-3-2 ) that makes it unlawful for an individual to use a public street, alley, lane, parkway, or other right of way to lie down, sleep, or remain in a sitting position. The Town Council also enacted an ordinance (11-3-3) that prohibits camping in any public park or place except where specifically authorized. Section 11-3-4 of the Town Code provides that individual violators will be subject to civil penalties as provided in Article 1-8: fines ranging from $250 to $2,500 depending on the number of infractions. Criminal sanctions can also be imposed on “habitual offenders.”  The Town Code currently provides that civil and criminal penalties can be avoided if the person consents to be taken to a facility providing social services related to “mental health, housing, and/or substance abuse.” The Town Council determined that it would partner with local social service agencies to provide emergency and transitional housing.  

It is important to note that Arizona is in the Ninth Circuit and until the Supreme Court’s recent decision, local and state governments were bound by that court’s determination that criminal penalties could not be imposed for the violation of bans on outdoor sleeping and camping if there was no alternative housing provided. Now that the constitutional constraint has been lifted it remains to be seen whether local governments will begin issuing tickets, imposing fines, and jailing the most vulnerable members of our community. We feel confident that at least one Town Councilmember will be eager to “lock them all up.”  Hopefully, the majority of the Town Council will reject that option.

Public officials more interested in the welfare of the community than grandstanding will not support a crackdown. Both compassion and common-sense weigh heavily in favor of rejecting a crackdown.   There is irrefutable evidence that issuing a ticket to or assessing a fine against a person with no resources does not curb homelessness. It has been established that the homeless who are cited rarely show up for court appearances and have no money to pay the resulting fines. In addition, a crackdown would be fiscally irresponsible.   

A crackdown would divert administrative, police, and court resources at considerable expense to taxpayers. Arresting and jailing those who do not comply is an extraordinarily expensive exercise in futility. Four years ago, the cost of booking and jailing a person for a single day in Maricopa County was $500.  

We do not need more people in Arizona jails. The increase in Arizona’s prison population during the past two decades is more than double the increase in the state’s general population. 

Will local governments feel compelled by Proposition 312 to stage a crackdown?

Despite the evidence that punitive laws and ordinances targeting the homeless are both ineffectual and expensive, local governments may believe that they have been placed between a rock and hard place by Proposition 312.  

In November, Arizona voters approved the proposition, which calls for the amendment state law to authorize the owners of private property to receive property tax refunds for amounts they incur for “private mitigation efforts” if it is determined that their local government has not taken sufficient action to curb homelessness by enforcing laws outlawing “camping, blocking roads, panhandling, or urinating and defecating in public.” Private mitigation efforts include the cost of installing and operating security cameras, hiring private security, and cleaning up the property. 

The irony of Proposition 312 is that it threatens to make it impossible for local governments to pursue the only remedy found to effectively address all the maladies associated with homelessness: housing.   To avoid the expense of litigation with disgruntled residents and the loss of property tax revenue, local governments may feel compelled to aggressively enforce existing bans. Revenue will be diverted to enforcement, the enforcement will fail, and the property tax revenue will still be forfeited when property owners establish that people are still living on the streets.  

Compassionate and prudent local legislators could respond to this dilemma by rescinding their punitive ordinances and allocating funds to work with social service agencies and community volunteers to provide housing and treatment for those who need it. But that is unlikely to happen in our current political climate where compassion is viewed as a liberal conceit. The alternative is the one adopted by a majority of the Fountain Hills Town Council last year: Give the “violators” the opportunity to avoid civil or criminal penalties if they consent to be taken to a facility providing social services related to “mental health, housing and/or substance abuse.”   

WHAT CAN WE DO?

Volunteer to Help with the PIT Count

The CoC relies on the data collected during the annual PIT survey to identify the needs of the unhoused in our community and how to best allocate resources to address those needs.   This work is essential to our ability to understand and address the scope of the challenge in our community. 

This year the PIT count is scheduled for January 28, 2025.  Justin Weldy is the volunteer coordinator for Fountain Hills.  Please consider volunteering to assist in the process by contacting Mr. Weldy at: jweldy@fountainhillsaz.gov.  

Let the Mayor and Town Council know that you are opposed to a “crackdown”.  

We can only hope that the recently elected council will resist the urge to participate in a crackdown and continue to follow the common-sense approach to addressing one of our society’s most intractable problems.  However, we need to monitor the current council and be prepared to communicate our opposition to ordinances or resolutions that would punish the homeless in our community.

Be watchful for and generous to the unhoused. 

As you travel through our Town keep an eye out for those in need. If you can do so safely, approach them, introduce yourself and ask if there is something you can do for them.   

The congregation of The Fountains United Methodist Church (15300 N Fountain Hills Blvd.) has prepared “Blessings Bags” to distribute to those in need.  Each bag contains a simple meal, energy bar, water, toiletries, socks and underwear.  The bags are kept on tables in the Church vestibule. You can pick up a bag or bags from the church or make your own to carry in the trunk of your car.

You can also help those you encounter who appear to be without shelter by directing them to available community resources. 

Fountain Hills has a contract with Central Arizona Shelter Services (“CASS”) to provide housing to single adults experiencing homelessness in our town.  The individual must be referred for these services by a designated representative of the Town or the MCSO.  To obtain basic information about CASS services and their programs by calling 602-256-6945.  In the alternative, to connect a deputy with the person in need call the MCSO non-emergency number 602-876-1011.  Where appropriate the deputy can present options, arrange transportation and contact CASS on behalf of the Town. 

New Leaf is another local resource for the unhoused.  The telephone number for New Leaf Centralized Services is 877-211-866. The number for Family Housing that may be available through New Leaf is 602-595-8700.  

Consider programming these numbers into your phone and writing them on post it notes to carry with you or include in the Essentials Bags you distribute. 

Winter is coming and we need to do what we can to help those in need get through it safely

No, There Was Not an “Investigation” That Could Have Bankrupted Fountain Hills Friedel’s Outrageous Lie Puts Future of Fountain Hills at Risk

On October 2, 2024, Gerry Friedel issued a statement demonstrating, beyond question, that he will lie to win the mayoral election, even if the lie risks the financial reputation and future of Fountain Hills. 

The lie, contained in a “press release”  provided to a number of media outlets, including the Fountains Hills Times and the Arizona Free News, addressed the Town Council’s failure to appoint Gayle Earle to fill the seat vacated by Councilmember Grzybowski. The press release included many false statements of fact and law, but by far the most outrageous was the claim that due to Mayor Dickey’s alleged statutory violation and the resulting complaint filed with the Attorney General, the “State Treasurer will be required to hold back the shared state funds for the town, effectively bankrupting Fountain Hills until the complaint is resolved.”  

This statement was a complete fabrication intended to alarm the public and turn them against Mayor Dickey on the eve of the election. 

As set out below, under the applicable statutes, the State Treasurer had no authority to withhold funds from Fountain Hills during an investigation into the claim that Mayor Dickey violated state law.  

Nine days after Friedel made this statement the Attorney General’s office determined that it did not have the statutory authority to investigate; however, even if an investigation had been undertaken and the Attorney General determined that the law had been violated, no funds could be withheld by the State Treasurer unless the Town failed to correct the violation within 30 days after it was advised of the determination. In addition, even if the violation was not corrected within the 30-day “grace period,” under no circumstances could the State Treasurer withhold funds needed by the Town to service its debt or meet its ongoing financial obligations.  

There was never any risk that that the Town of Fountain Hills would be “bankrupted” by the decision not to fill a vacancy 30 days before the scheduled election.  

Never one to shrink away from rebroadcasting a lie,  Allen Skillicorn, the Town’s self-appointed Chaos Agent, apparently working in concert with Friedel, used his best efforts to ensure that the lie was widely disseminated:

Three weeks after the lie was published, it has been conclusively determined that there will be no investigation, no finding of a statutory violation, and no funds withheld from the Town by the State Treasurer that could “bankrupt” Fountain Hills. Yet to date, neither Friedel nor Skillicorn have issued a statement advising the public that there will be no investigation and there is not (and never was) any risk that state funds would be withheld that could bankrupt Fountain Hills. 

Why do they continue to perpetuate this lie?

The Facts

The Vote

Effective Sept. 5, 2024, Councilmember Sharron Grzybowski resigned her seat on the Town Council. Grzybowski’s seat, along with one other, would be filled on December 3, 2024, following the results of the November election. If the Town Council did not appoint a replacement in the interim, the seat would remain vacant for a total of four regularly scheduled meetings. 

During its September 17 meeting the Town Council considered Councilmember Skillicorn’s request that it appoint Gayle Earle to fill the vacant seat. Prior to and during the meeting the Council received public comments on the issue of whether Earle should be appointed to the seat. Approximately 90 percent of the comments, submitted in writing and in person, favored leaving the seat vacant. The vote on Councilmember Toth’s motion to appoint Earle resulted in a 3-3 split. Earle was not appointed. 

The “1487 Complaint” 

In 2016, the Arizona Legislature enacted SB 148. The Act empowers any member of the state legislature to submit a complaint to the Attorney General if he or she believes that a local government entity or agency has taken an action that violates Arizona state law or the Arizona Constitution. The letters submitted by legislators advising the Attorney General of suspected violations are referred to as “1487 Complaints.” The governing provisions are found in A.R.S 41-194.01. 

Under § 41-194.01, if the complaint falls with the purview of the statute, the Attorney General has 30 days to complete its investigation and issue a determination as to whether or not state law had been violated. If the Attorney General determines that there has been a violation, the local government entity or agency has 30 days to take corrective action. If, at the conclusion of that 30-day period, corrective action has not been taken, the Attorney General is directed to notify the State Treasurer to withhold “shared monies” from offending entity or agency until the corrective action is taken. Significantly, the State Treasurer cannot withhold funds needed by the local government “to make required deposits payments for debt service on bonds or other long-term obligations.” A.R.S. § 42-5029, subsection L. This prohibition serves as a safety net, effectively protecting the local government entity or agency from defaulting on its obligations and risking insolvency. 

On Sept. 30, 2024, State Representatives Alexander Kolodin and Joseph Chaplik submitted a “1487 Complaint” to the Arizona Attorney General’s Office. The letter provided:

Dear Ms. Crawford: 

When a vacancy occurred on the Fountain Hills Town Council (the “Council”) it deadlocked with respect to filling the vacancy via vote on 9/17/2024. The council has not agendized the filling of the vacancy for October.  As a consequence, it does not appear that the Town Council will ever fill this vacancy, as it is compelled to do by law, but will simply wait until the winner of the election takes office. 

A.R.S. § 9-235, however, states: “The council shall fill a vacancy that may occur[.]” Accordingly, the council has no discretion to wait until the voters fill the vacancy but, rather is required to fill the vacancy itself pending the voters’ chosen candidate taking office.

Therefore, pursuant to A.R.S § 41-194.0I, I (sic) am requesting that your office investigate whether the Fountain Hills Town Council is in violation of A.R.S § 9-235.

The complaint, asked the AG to investigate whether or not Mayor Dickey violated § 9-235 when, following the split vote, she did not place the issue of Earle’s appointment on the agenda for either or the two meetings scheduled to occur before the November 5 election.  

The complaint was fatally flawed for two reasons:

First, under §41-194.01, the Attorney General only has the authority to investigate complaints resulting from the alleged violation of state law or the Arizona Constitution by the enactment of an “ordinance, regulation, order or other official action” or the adoption of a “written policy, written rule or written regulation” that violates state law or the Constitution of Arizona.  Here, the complaint was not based on any affirmative legislative action or any written policy. 

On Oct. 11, 2024, Hayleigh Crawford advised Kolodin and Chaplik that there would be no investigation into their complaint because their allegations of “misconduct” did not involve any affirmative action that fell within the purview of  §41-194.01.

In addition, the Town Council’s failure to fill the vacant seat did not violate state law.  Section 9-235 authorizes and obligates a Town Council to fill a vacancy by appointment, but does not state when the appointment must be made. The statute does not require that the position be filled at the next regularly scheduled meeting or within a specific number of days. Where, as here, a statute does not specify a time frame for completing an action, it is presumed that the legislature intended to provide a “reasonable period.”  

This presumption of a reasonable period to fill the vacancy is consistent with the following relevant provisions of the Fountain Hills Town Code:

2-1-4 Vacancies in Town Council 

A.  The Council shall fill any vacancy that may occur in the Council by any method provided by ARIZ.REV.STAT. 9-235.

C.  All vacancies shall be filled in a reasonable time from the occurrence of the vacancy.

The only method for filling a vacancy provided under §9-235 is appointment by the Town Council. The Mayor does not have the authority to fill the vacancy through appointment.   The Council has a “reasonable time” to fill the vacancy.  

An effort was undertaken to fill the seat within two weeks after the vacancy occurred. That effort failed. It was not unreasonable for the Mayor to await the outcome of the election when it was clear that the majority of the Town Council would not vote to appoint Earle. 

Friedel’s Lies

Two days after the 1487 Complaint was sent to the AG, Friedel issued a “press release” that received a brief mention in the Fountain Hills Times but served as the basis for a full blown, error-laded article published by the Arizona Free Press. The article included the following sentence: “Fountain Hills Town Councilman and Republican Mayoral Candidate Gerry Friedel revealed on Tuesday that Democrat incumbent Mayor Ginny Dickey has refused to appoint primary election winner Republican Gayle Earle to the council.” The article continues: “In so refusing Dickey preserves a 3-3 partisan deadlock until after the November election but is accused of violating state law.” 

Friedel was clearly aware that Mayor Dickey had no power to appoint Earle. Yet, he deliberately represented that the Mayor had the authority to appoint Earle and refused to do so because Earle was a Republican. 

The article concluded with the following quoted statement, attributed to the Friedel Campaign:  “The AG will investigate Mayor Dickey’s unwillingness to agendize filling the vacancy while the State Treasurer will be required to hold back the shared state funds for the town, effectively bankrupting Fountain Hills until the complaint is resolved.”  

As set out above, this statement was a lie. The State Treasurer could not withhold state funds while the matter was under investigation. The State Treasurer could withhold funds only after the investigation resulted in a determination that there had been a violation covered by the statute and then only if the Town failed to correct the violation within 30 days. In no event could the State Treasurer withhold funds necessary for the Town to meet its debt obligations.   

There was never any risk that that the Town of Fountain Hills would be “bankrupted” by the decision not to fill a vacancy 30 days before a scheduled election. So why did Friedel lie?

Even those who have grown accustomed to Friedel’s dirty campaign were surprised that he would sink to this level. This lie is remarkable both for its unbridled mendacity and for its potential for causing lasting injury to Fountain Hills.

Did Friedel even consider how current, or prospective creditors or contractors, would react to a sitting member of the Town Council’s statement that the Town would be effectively bankrupted by the Mayor’s alleged unlawful act? Did he consider how current or prospective residents or business owners would respond?  

The questions we need to ask Friedel at this point are:

Now that the lie has been exposed, will you retract your statement? 

Will you apologize to the residents for creating an unwarranted concern for the solvency of our Town?

We are waiting.

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