Opinions
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Times Up Gerry: Friedel’s Lies Challenged in New Lawsuit
VIEW THE ENTIRE COMPLAINT ARTICLE BY CLICKING HERE.
CAUGHT BETWEEN A ROCK AND A HARD PLACE


The Town Council Struggles to Address Residents’ Concerns While Complying with the Law
Those who attended or viewed the live stream of the September 4th Town Council Meeting witnessed an extraordinary example of how dysfunctional those proceedings have become since ROT came on the scene two years ago. The meeting’s agenda included the adoption of the proposed amendments to Zoning Ordinance Chapter 17, Wireless Telecommunications Towers and Antennas. At the conclusion of the Public Hearing the amended ordinance was approved and adopted by the Town Council by the now all too familiar 4-3 split. But in the process, there was a lot of spewing, threatening, complaining and accusing. The acrimony was particularly remarkable because Chapter 17 does not even address the regulation of the issue that has caused the most consternation: the installation of antennas necessary to support 5G technology in Fountain Hills.
BACKGROUND
5G and Fountain Hills
It is indisputable that as a country and as a community we increasingly rely on portable wireless devices to manage our lives and our businesses. To meet the demand for increased speed and processing capabilities the telecommunications industry must build a next generation wireless communications network.
The Fifth Generation (5G) standards for mobile wireless networks require a greater bandwidth to support more complex devices and faster downloads. 5G wireless technology requires a denser, shorter network of antennas to function properly.
5G is distinguished from older technologies, because it relies on millimeter waves allowing for a tremendous increase in data speed and volume. However, because millimeter waves travel shorter distances, the technology is dependent on the addition of Small Wireless Facilities (SWFs) to the communication network. The spacing between SWFs can, depending on the demand, range from a block to a mile as compared to large cell towers which can be miles apart. To function properly an SWF cannot be obstructed – it must be publicly visible.
An SWF typically consists of radios, an equipment box and one or more antennas. The facilities are intended to supplement, not replace, existing networks by providing increased capacity for data transmission.
Subject to regulatory approval, SWFs can be placed on public property, in rights of way (ROWs) or, with the owner’s permission, on private property.
To date, there are no SWFs located on Fountain Hills public property or in its ROW. Currently no applications have been submitted.
To support the rapid expansion of 5G technology the FCC has promote the use public rights of way, as opposed to private property, to place SWFs. As noted above, an SWF cannot be placed on private property without the permission of a property owner. This permission is generally granted through a lease agreement. Given the number of SWFs necessary to support 5G, placement on private property is not viewed as a viable alternative to the use of ROWs.
The federal government by statute, and through regulations, enacted by the FCC, prohibits local governments from banning SWF’s and limits their ability to regulate their placement. Local governments can regulate for aesthetics, design and control of the right of way.
The alarm sounds
Beginning in 2022, a small but vocal group of residents began sounding the alarm claiming that the introduction of 5G technology to our community threatened the health and well-being of the residents. Their concerns, expectations and demands have set up conflicts that have become increasingly contentious.
Residents’ concerns result in a moratorium
In 2023 the opponents of 5G convinced a majority of the Town Council to vote in favor of a Resolution calling for a “moratorium” on the creation of a 5G infrastructure in Fountain Hills. The Resolution instructed “all utilities operating in the Town of Fountain Hills to cease and desist the build out of so-called ‘5G’ wireless infrastructure until January 31, 2024.”
The stated purpose of the moratorium was to allow the Town Council time to review and update its existing regulations to ensure that the “equipment and method of service delivery of communications not protected in the 19(Telecommunications Act)(services other than Cellular Type II communication), are delivered vis methods that do not devalue property values and are deemed safe to the environment and human health.”
From the outset, the Town Attorney, Aaron Arnson, advised the Town Council that the moratorium would not have any meaningful legal effect because “federal law largely preempts state and local regulatorily authority over wireless facilities and small wireless facilities, except for reasonable aesthetic requirements.”
Arnson also advised the Town Council that the FCC had approved a “shot clock” requirement that allowed local governments a limited time frame (60 to 90 days) to approve an application. The Council was advised that the moratorium would not pause the running of the shot clock. An application made during the moratorium could not be challenged and would be automatically approved if the applicable “shot clock period” expired while the moratorium was in effect.
The limitations on regulation imposed by the Doctrine of Preemption
Based on the accusatory and often false statements made during the Public Hearing and posted on social media it is apparent that many residents do not understand the preclusive effect of the “Doctrine of Preemption” when it comes to the regulation of the telecommunications industry.
Preemption is a doctrine of constitutional law that applies where there is a conflict between the law of a higher level of government and the law of a lower level of government. Where there is a conflict, the law of the higher level of government takes precedence. In the United States, under the Supremacy Clause to the Constitution, federal law is the “supreme law of the land”.
For decades cities and towns have relied on their zoning codes to regulate the placement of wireless communications equipment. Provisions, incorporated into zoning codes were used to determine where telecommunications equipment, including cell towers could be installed or built.
The federal Telecommunications Act of 1996 limits the ability of state and local governments to regulate the placement or proliferation of telecommunications equipment that is used to provide personal wireless services. Any provision of state or local law or regulation that would prohibit or have the effect of prohibiting the provision of personal wireless services is not enforceable.
The challenge for local government has been how to regulate the placement of these facilities without running afoul of federal law that prohibits any law or regulation that would “prohibit or have the effect of prohibiting the provision of personal wireless service.” The FCC is charged with enforcing this law and has taken an expansive approach to its interpretation and an aggressive approach to its enforcement.
During the recent Public Hearing, one of the speakers, Crystal Cavanaugh, accused the Town Attorney of “tossing about the term preemption to shut down discussion saying we as a local entity can’t override big government regulations or put protections in place for residents is not acceptable or necessarily accurate.” Although it may be “unacceptable” to Ms. Cavanaugh and others, when it comes to in this provision of the Telecommunications Act, the courts have consistently found that “big government regulations” trump local government regulations.
The validity of the concern
The opposition to 5G in Fountain Hills, as in other communities, is based, in large part on a belief that exposure to electromagnetic fields is harmful to the health of humans and animals.
According to the World Health Organization (“WHO”) during the past 30 years more than 25,000 articles have been published on the biological effects of exposure to non-ionizing radiation. Based on what it described as an “in depth review of the scientific literature” WHO concluded that “current evidence does not confirm the existence of any health consequences from exposure to low level electromagnetic fields.” https://www.who.int/news-room/questions-and-answers/item/radiation-electromagnetic-fields.
WHO’s determination provides little comfort to those who sincerely believe that their health has been or may be damaged by EMF exposure, and they take no comfort in statements like this, found at the end of WHO’s “current evidence” statement: “However, some gaps of knowledge exist and need further research.”
Without regard to the sincerity or validity of residents’ beliefs the federal government has determined that local jurisdictions cannot regulate transmission facilities or equipment based on concerns over the harmful effects of exposure to non-ionizing radiation so long as the emissions fall within the federal standards.
Local governments that have challenged the FCC have not fared well in the resulting Enforcement Actions.
The Amendment of Chapter 17
Chapter 17 of the Zoning Code addresses towers and antennas other than SWF’s located in the public ROW. The ordinance addresses permitted uses, special use permits, setbacks and separation. Set back and separation requirements have been established to alleviate the risk of damage to adjacent properties. The ordinance also addresses aesthetics, landscaping and visibility recommendations. Finally, the ordinance sets out the necessary administrative approval process.
The Public Hearing
As noted above, the approval process was marred by contentiousness that began when Councilmember Skillicorn raised a “point of order” and called for the matter to be “tabled” because, prior to the hearing, Vice Mayor Kalivianakis circulated a document containing her suggested changes to the language of the proposed amendments to the ordinance.
Skillicorn’s point of order was properly overruled by Mayor Dickey, on the grounds that the Vice Mayor, like any member of the Town Council, had the right to suggest changes to the language of proposed amendments to an ordinance during the approval process. The fact that the Vice Mayor provided other members of the Town Council with written copies of her suggested revisions did not violate any procedural rule or provision of the Open Meetings law.
Public Comment
The period set aside for public comment was particularly acrimonious and, at times, ugly. Much of the acrimony appeared to result from fundamental misunderstandings of the limitations imposed on the Town Council’s ability to regulate by the Doctrine of Preemption. Other concerns were more specific and often unwarranted.
The concern that the ordinance did not require the applicant to provide insurance coverage.
Many of the commenters appeared to be operating under the mistaken belief that the ordinance left them “uninsured” in the event of an accident or injury involving a cell tower.
For example, during her public comments, Liz Gildersleeve claimed that if a cell tower “toppled” during a monsoon and caused damage to her home she would be “uninsured” because the zoning ordinance did not require applicants to purchase insurance that would cover her. Lori Troller, similarly concerned about falling towers, gave the following example: “I got a tower in my ROW that falls on my driveway, my child gets hit I have to sue, I have got to get medical coverage for my child got burned or whatever.” Troller went on to say that she could not “go to the towers” because the ordinance did not “hold them responsible”. Troller went on to say” So I come to you to you, [the] Town can’t get that insurance it doesn’t exist the insurance companies don’t offer that insurance because it’s a huge loser”. Troller went on say: So it comes down to everybody who says “yes” you’re going to be responsible for everybody’s house’ .
It seems highly unlikely, if not impossible, given the ordinance’s separation requirements, for a cell tower to fall on private property. The separation requirement for a single-family residence or duplex is 200 feet or 300% of the tower’s height, whichever is greater. There is no separation requirement that would apply to residential property that is less than 100 feet or 100% of the tower’s height.
In any event, the obligation, if any, imposed by a local government on a person or corporation, to purchase insurance, provide proof of insurance or add an individual or entity as an additional insured may be found in a municipal code provision but is rarely included in a zoning ordinance. It appears that only one Chapter of the Fountain Hills Zoning Code mentions an insurance requirement. That provision, 19.06, of the Architectural Review Guidelines, obligates a property owner to purchase insurance under very limited and specific circumstances.
As to the expressed belief that residents would be “uninsured” for any loss or damage resulting from an accident or injury involving a cell tower, Troller and Gildersleeve, as well as Councilmember Friedel, appear not to understand how insurance works. Most, if not all, residents have health insurance, that would cover physical injury resulting from an cell tower related accident and homeowner’s insurance, that would cover property damage.
The providers of this “first party” insurance would pay for the resulting injury or damage, subject to applicable deductibles. Those providers would then have the right to seek reimbursement of the amount they paid from any party found to be legally responsible for the injury or damage. If the legally responsible party is covered by liability insurance the insurance company would pay.
Both Troller and Gildersleeve also appeared to be confused about their right to recover damages from members of the Town Council for their imagined “uninsured” loss. Both contended that members of the Town Council, who voted in favor of the amended ordinance, would be personally liable for any injury or damage caused by a cell tower. Addressing Councilmember, Sharron Grzbowski, attending her last meeting as a town council member, Troller scoffed: “I hope you are moving like out of the country so it’s not going to absolve you because a yes is a yes.”
Apparently, Troller and Gildersleeve are not aware that they cannot recover damages from individual councilmembers for for voting in favor of the amended ordinance. The councilmembers are absolutely immune from personal liability resulting from their legislative actions . See, Bogan et al v. Scott-Harris, 523 U.S. 44 (1998).
During the public comments, John Donnelly, who identified himself as a personal injury lawyer, also raised the specter of litigation. Donnelly envisioned not one, but two class action lawsuits. The first class action, would be brought against the Town by those claiming to have been injured by radiation exposure. A second-class action would be brought by the “very rich people” who live in his neighborhood if the Town allowed cell towers to be built in the wash adjacent to their homes.
Of course, as the Town Attorney observed later in the proceedings, anyone can sue for anything, as evidenced by the two meritless lawsuits brought against the Town by ROT and Skillicorn. The issue is whether they would prevail. It is extremely unlikely that the Town would be found legally responsible, for injury or damage related to cell towers, due to its limited ability to regulate their placement, and inability to regulate based on health concerns, if the facilities comply with federal standards.
The concern that the ordinance did not require the applicant to indemnify the Town
Those concerned about being “uninsured” were also concerned that the amended ordinance did not include a provision that would require the applicant to “indemnify” the Town. Friedel officiously stated that he would not vote in favor of the amended ordinance because it did not include an express indemnity requirement.
Indemnity, like insurance, is not an issue that is ordinarily addressed or that needs to be addressed in a zoning ordinance. The fact, that the ordinance does not address indemnification does not leave the Town “uninsured” as some of the speakers and Councilmember Friedel suggested. The Town has liability coverage. In addition, the fact that the ordinance does not address indemnity does not preclude the Town from addressing the issue in the administrative or approval process.
Concerns over the “lack of transparency”
Matthew Corrigan, a candidate for Town Council, took the opportunity to stir the pot when he criticized the Town Council for a purported lack of transparency. Corrigan claimed that the information provided by Mr. Wesley at the beginning of the hearing was “all new” and had not been made available for review by the Planning and Zoning Commission or the public. That statement was not true. Virtually all of the information in the presentation was included in the online packet for the July 8th meeting of the P&Z, where it was extensively discussed. In addition, all of the information presented was included in the online packet for the Town Council meeting five days before the hearing.
Complaints about a lack of transparency were also based on the Town Council’s determination that it would not to waive the attorney-client privilege by producing the “Campanelli documents”.
Before and during the hearing, concerns were raised that the amendments to Chapter 17 should not be considered until the P&Z and members of the public had been provided with the opportunity to review a document or documents that had been prepared by Andrew Campanelli, one of the attorney consultants the Town retained to assist them in their review. On one of his many websites, AntiCellTowersLawyers.Com, Campanelli describes his practice as representing: “property owners, civic associations and local governments who seek to invoke their civil rights to oppose respective applications for the installation of cell towers and antennas.”
In her public comment, Crystal Cavanaugh asserted that it was “not acceptable” to allow the Town Attorney to withhold information from a reputable expert that was “hired supposedly by the attorney”. During his public comment, Larry Meyers argued that because Campanelli was paid with “our money” his communications to the Town Council should be made available to the public.
At the outset, it should be noted that Ms. Cavanaugh was wrong to suggest that the Town Attorney hired Mr. Campanelli or withheld the Campenelli documents. The Town of Fountain Hills retained Mr. Campanellli and only the Town of Fountain Hills could waive the attorney-client privilege. Here, a majority of the Town Council agreed that the privilege should not be waived.
We can only speculate as to why the Town Council chose not to waive the attorney-client privilege. They may have been concerned that waiving the privilege would set a precedent. They may have been concerned that the document could be used against the Town in an Enforcement Action brought by the FCC. Without regard to the reasons, the Town Council, in the exercise of its discretion, decided not to waive the privilege and the discussion should end there.
Concerns over the bifurcation of the review and amendment of Zoning Ordinance Chapter 17 and Chapter 16-2 of the Municipal Code
Based on input from staff and concerns over resources, the Town Council elected to bifurcate the review of Zoning Ordinance Chapter 17 and Chapter 16-2 of the Municipal Code, where the regulation of SWF’s in the ROW are addressed.
A number of residents, as well as Councilmembers Toth and Friedel, argued that the approval of the amendments to Chapter 17 should be postponed pending the review of Chapter 16-2. A countervailing argument was made that the amendments to Chapter 17 , should be approved now because they provided additional guidance to applicants and included enhancement and safeguards that would benefit residents. In the end it was determined, by the majority, that the balance weighed in favor of approving the amendments to Chapter 17.
Public Comment ends with a threat
April McCormick, who believes that her health has been adversely affected by EMF exposure, was the last speaker during the Public Comment section of the hearing.
McCormick complained bitterly about the way she and, Andrew Campanelli had been treated and made angry and unfounded accusations against Mr. Arnson. Toward the end of her comments, McCormick bent over the podium, glared up at Mayor Dickey and Councilmember McMahon and proclaimed: “Elections matter! And I’m telling you right now, the only way this is ever going to happen is to get rid of her!” (jabbing her finger at Mayor Dickey) “and her! (jabbing her finger at Councilmember McMahon).
After the hearing was closed Mayor Dickey patiently attempted to address the expressed concerns about the process. Both Mayor Dickey and the Vice Mayor attempted to again explain the limitations on the Town’s ability to regulate the technology based on the limitations imposed by federal law. But, by then, some of the most disgruntled residents had left the building and those that remained were not in the mood to listen.
AFTERMATH
A month later, the bitterness and distrust on display during the rancorous hearing continues to hover over the Town like a toxic cloud. The acrimony is not surprising given the misinformation and disinformation concerning “5G” that has been circulating in the ROT dominated information silos for the past three years. Acrimony, that the three ROT supported candidates, Friedel, Corrigan and Watts have exploited.
What was clearly not appreciated by many of the agitated attendees, but which should have been appreciated by Friedel, Watts and Corrigan, is that when it comes to cell tower regulation, the Fountain Hills Town Council is caught between a rock and a very hard place.
The Town Council can continue to take abuse from a vocal minority of residents who want them to ban or strictly regulate cell towers or it can attempt to appease the minority and invite an Enforcement Action that would be both disruptive and expensive.
It is understandable that members of the public might not appreciate the Town Council’s dilemma. It is not, however, understandable that sitting members of the Town Council and candidates for mayor and the Town Council, do not. Rather, it appears that they are intent on fanning the flames and, if elected, would welcome a fight with the FCC. Serving as an additional, but compelling reason why they should not be elected.
Skillicorn & Settle Share Pasts of Quitting and Targeted Hate, Prioritizing Personal Agendas Over Decorum, Decency, and Fountain Hills Best Interests



ROT ruins towns.
ROT-endorsed Allen Skillicorn lied to an MCSO deputy, bullied town employees, and was censured and sanctioned. ROT-endorsed school board member and homeschool parent Libby Settle, who voted against funding our local schools and supporting teachers and students, is out as an #FHUSD school board member. But let’s not forget their attacks against our schools, our libraries, our librarians, our residents, and inclusion within our #FountainHills community.
If these kinds of hate-driven, bigoted attacks repulse you as they do us, reject ROT candidates Friedel, Watts, and Corrigan.
Who Is Behind NicoPAC Political Signs Around Fountain Hills? Hint: It Is an Outsider Funded By Ruinous Interests








Who’s behind the deceitful anti-Dickey signs and those promoting Corrigan and Watts that are appearing around #FountainHills?
A far-right activist immersed in MAGA, conspiracy theories, and far-right conservatism is depositing political signs around town, funded by political action committee money from outside Fountain Hills.
Nico Delgado is known for his relationships with and admiration for Turning Point USA, Kari Lake, and Roger Stone, a jury-convicted multi-count felon with ties to the Proud Boys. Turning Point USA is a far-right hate group that engages in bigotry and targeted discrimination. The group has appeared at Town Council meetings and supported anti-inclusion and anti-diversity efforts. Councilmember Allen Skillicorn is a fanboy, retweeting Delgado posts.
Kari Lake, as many know, is a conspiracy theorist and election denier. According to American Bridge:
Lake encouraged supporters to “strap on a Glock” to prepare for the 2024 elections.
Lake encouraged barbers and hairdressers to intimidate voters with the “weapon” they use close to their ear.
Lake wants to put cameras in all of Arizona’s classrooms, risking the safety of children.
Lake appeared in a promotional video for Trump’s Project 2025.
Lake defended January 6th insurrectionists.
Lake campaigned in front of a Confederate flag.
Lake lied during her speech at the Republican National Convention, falsely claiming that undocumented immigrants could vote.
Lake supports Arizona’s 1864 near-total abortion ban.
Lake called a 15-week abortion ban “reasonable.”
Lake called for repealing the Affordable Care Act which would strip away health care access from the 350,000 Arizonans who depend on it.
Lake proposed massive cuts to Medicare and Medicaid.
Lake repeatedly promoted conspiracy theories about COVID-19 and vaccines.
Lake called climate change a “scam” and downplayed record temperatures.
Lake opposed the Bipartisan Infrastructure Law, Inflation Reduction Act, and the CHIPS Act.
Political signs don’t vote. It’s imperative to know the candidates as well as who’s behind political signs and how they’re being funded.
Corrigan and Watts are ROT candidates. Mayor Dickey is a proven, collaborative, selfless leader who’s helped build and safeguard our beautiful, safe, and prosperous community. Delgado, the MAGA activist whose ties aren’t with Fountain Hills but with Lake, Stone, Skillicorn, and Hannah Toth-employer Turning Point, is dropping political action committee-funded signs locally in an effort to destroy Fountain Hills by overrunning our Town Council with officials whose “ideals” align with Lake, Stone, Skillicorn, and Turning Point.
The future of Fountain Hills is on the ballot. Mayor Dickey, along with Council candidates #PeggyMcMahon and #ClaytonCorey, will invest in our town’s future and protect Fountain Hills. Delgado, his mentors, and ROT candidates will destroy Fountain Hills. We’ve seen the lawsuits. We’ve seen the bullying. We’ve seen the bigotry and misogyny. We’ve seen quality Town staff resign. It can get even worse, friends.
Share this post, and vote as if Fountain Hills’s future depends on it…because it does!
Judge Issues Final Order Finding That Skillicorn’s Lawsuit Against the Town Lacks Merit: Request for an Injunction Is Denied

As previously reported, last month the Honorable Dominic Lanza—the judge assigned to the action Allen Skillicorn v. Ginny Dickey et al.—issued a tentative ruling, finding that under established Supreme Court precedent, the Town Council had the right to censure and discipline Skillicorn. In an order dated August 29, 2024, Judge Lanza issued a final order denying Skillicorn’s Motion for a Preliminary Injunction. The final order should effectively conclude the litigation.
In his lawsuit Skillicorn asked the Court to issue an order compelling the Town to remove the following sanctions imposed by the Town Council:
- Skillicorn cannot hold the position of Vice Mayor;
- The Town will not pay for any of Skillicorn’s travel expenses incurred on Town business;
- Skillicorn cannot interact with Town employees or staff unless another person is present; and
- Skillicorn must apologize to Peter Lucchese, the Town Code Enforcement officer he assaulted and subsequently described as a “sign thief.”
In the final order Judge Lanza again expressly rejected Skillicorn’s claim that the imposition of sanctions violated his First Amendment rights. The Judge also found that Skillicorn’s claims against Mayor Dickey, Vice Mayor Kalivianakis and Councilmembers McMahon and Grzybowski (all of whom voted to impose the sanctions) were barred by the Doctrine of Legislative Immunity.
For months, Skillicorn has boasted that this lawsuit would expose “corruption” on the part of Fountain Hills’ elected representatives while soliciting for money to support his lawsuit against the Town. Skillicorn has claimed on his social media accounts and through the publication of orchestrated “fake news” reports on far-right media that he has been persecuted “due to his conservatism.” Skillicorn also claims that he was unfairly “disciplined” for “confronting a town employee who was stealing one of his signs,’ and for “questioning other Council members over voting issues regarding developers who had contributed to their campaigns.”
Even after the tentative ruling finding that his claims were without merit, Skillicorn has brazenly persisted in repeating the ridiculous, false claim that the sign was “stolen,” when he knows that the sign was lawfully removed. Recently, Skillicorn has doubled down on his false allegations of “corruption” by posting a claim (with no evidentiary support) that unidentified Council members actually received campaign contributions from the developers of the Four Peaks Project development.
Skillicorn’s Malevolence Knows No Bounds.
Against this backdrop #GerryFriedel, who aspires to be our leader and claims that he “loves” Fountain Hills and values its employees, says nothing to defend the reputation of the Town, his colleagues on the Town Council, or its employees against Skillicorn’s unfounded attacks.
If Friedel is elected in November we can expect him to support removing the sanctions against Skillicorn. The sanctions that Friedel was too cowardly to support have, if nothing else, protected employees and staff from further abuse. Friedel as mayor is likely to support lifting the sanctions and then watch passively as Skillicorn resumes his reign of chaos and anarchy: abusing staff and employees; attacking the Town’s teachers and librarians; and impugning the honesty and integrity of those he views as his political enemies. Friedel feels no obligation to protect anyone but himself.
Based on the final order on the preliminary injunction Skillicorn and his attorney, Timothy LaSota, should voluntarily dismiss the lawsuit. The Judge has determined that Skillicorn is not entitled to an order compelling the Town Council to remove the sanctions because they were legally justified. Applying the same reasoning, the Court would not allow a jury to consider Skillicorn’s ridiculous claim that he is entitled to damages from the Town or the individual defendants.
When the action is voluntarily dismissed don’t expect Skillicorn to hold a press conference acknowledging that his claims were found to be meritless by a federal judge appointed by his idol, Donald Trump. Skillicorn will slither away to another dark corner where he will circulate more rumors, invent more scandals, and cause irreparable damage to #FountainHills and the people who live here. If Gerry Friedel is elected as mayor there will be no one to stop him.
UNFIT TO SERVE
We expect our candidates for Town Council to demonstrate that they have the requisite experience and knowledge to serve effectively as our representatives. We also expect our candidates to demonstrate that they have sound judgment, value collegiality, and have a temperament that is conducive to respectful interactions with constituents, staff, and other elected officials.
Without regard to their experience and knowledge, candidates who have repeatedly demonstrated that they lack judgment do not value collegiality and are incapable of controlling their emotions and are unfit to serve.
Rick Watts publicly suggested that Ashley Earle, Gayle Earle’s daughter-in-law, should be “beaten” presumably to dissuade her from continuing her public support of Joe Arpaio’s mayoral candidacy. Gerry Friedel instigated a barroom brawl at Batchelor’s Pad on the night of the primary election that resulted in an assault charge being brought against his wife, Barbara.
Watts, a ROT-supported candidate for Town Council and Friedel, the ROT-supported candidate for mayor, have conclusively demonstrated that they lack judgment, do not value collegiality, and are incapable of controlling their emotions. Their bad behavior has resulted in threatened and actual acts of violence, two reports filed with the MCSO, and brought more unwanted attention to our town.
RICK WATTS PICKS ANOTHER FIGHT –
The Candidate’s “Euphemism” Lands Him in Hot Water.
In considering the most recent controversy resulting from Watts’ poor judgment, it is important to recall his less than collegial interaction with Vice Mayor Kalivianakis, who months after the relevant events he continues to attack.
The earlier controversy arose out of Watts’ service on the Planning and Zoning Commission and his conviction that he is an expert on 5G technology, a topic under consideration. Watts repeatedly demanded that the Town Council provide him with a document discussing 5G prepared by an outside attorney who had been retained by the Council. The Council did not share the document with Watts or other members of the Planning
Commission based on the advice of the Town Attorney, who was apparently concerned that the communication would lose its privileged status if it was disclosed to a person who did not qualify as a “client.” Watts did not accept the determination but responded by publicly accusing the Council of “misdirection, stalling, and concealing information.” Watts also lambasted Vice Mayor Kalivianakis for the following statement made during the June 4, 2024, meeting: “The Planning and Zoning Commission is not made of telecommunications experts. They are farmers. They are butchers. They are people of the town.”
The Vice Mayor subsequently apologized to any members of the P&Z who may have found her reference to “farmers and butchers” disrespectful or demeaning.
Watts refused to accept the apology and during a sternly delivered three-minute lecture made it clear that he was deeply offended that he had been compared to “farmers” and “butchers.” Watts concluded with: “I can accept the Council’s direction but not its insults.” After Vice Mayor Kalivianakis responded to his critique Watts jumped up from his seat, turned his back on the Council, and as he moved to the back of the chamber looked down at the floor, shook his head, and angrily said, “bullshit!”
Months later, Watts still cannot let it go, as demonstrated by the following communication:
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The recent controversy arose out of a comment made during a telephone conference call with other ROT-supported candidates, including Gayle Earle. The topic under consideration was the obvious risk that Joe Arpaio’s insistence on remaining in the race would “split the vote.” Watts was irritated by Ashley Earle’s continued, ardent support of the former sheriff.
According to Chris Earle, Ashley’s husband, Watts said: “If Ashley was my kid, I’d take a baseball bat to them.” According to Watts, what he actually said, was: “If Ashley were my kid, I would take her out behind the barn and take a bat to her.”
Subsequently, during a meeting of the Fountain Hills Republican Club, Ashley and Chris Earle confronted Watts and demanded that he repeat his “threat” to their faces. According to Ashley, in response Watts told her “that I should be afraid that he is going to come at me with a baseball bat.” Also, according to Ashley, Watts then said: “let’s take this outside.” At that point cooler heads prevailed, and no one went outside. Ashley, however, filed a report with the MCSO claiming that Watts had threatened to harm her.
On the evening of June 29—primary election eve—Ashley used her Facebook page to vent, the resulting conversation follows:
Recently, Watts attempted to provide “context” in an effort to explain his behavior:
There are issues with the sufficiency and credibility of Watts’ attempt to explain his actions by providing context. However, most would accept his representation that there was “no physical malice intended.” But clearly there was “malice,” a word that encompasses an intent to cause distress”.
Watts must have known that his incendiary suggestion that Gayle Earle “take a bat” to her daughter-in-law would cause her, as well as her son and daughter-in-law, distress. If Watts was concerned that Ashley’s support of Arpaio might cause voters to defect from Friedel’s camp, why didn’t he offer to “calmly and civilly” discuss those concerns with her?
As evidenced by his recent explanation, Watts still does not understand that what was most offensive and shocking was not his “intent” but his suggestion, “tongue-in-cheek” or otherwise, that a woman should be beaten for expressing an opinion. “Maybe a poor choice of words” does not come close: how about “abhorrent”?
Watts’ judgment and temperament are more than concerning, they are disqualifying. Rick Watts is not fit to serve as a member of the Town Council.
FRIEDEL’ S VINDICTIVENESS RESULTS IN A BARROOM BRAWL
In recent days, Gerry Friedel’s vindictive and mean-spirited nature has become more apparent. The ill at ease guy, who struggles to appear affable, engaged, and sincere in his weekly video performances, has been replaced by an angry guy who, while still clearly ill at ease, is ready to engage in scorched-earth politics. The kind of scorched-earth politics where the truth doesn’t matter and you eagerly sacrifice, whatever is left of your integrity, to mindlessly attack your opponent.
Friedel’s emergence as a consistently malevolent and angry man will be addressed at a later date. For now, let’s focus on his instigation of the debacle at Batchelor’s Pad.
Those familiar with the facts of the June 30 Batchelor’s Pad brawl won’t be surprised to learn that they do not differ significantly from the dramatized” version that was circulated on social media as “The Dust Up” and now posted on the Flourish website.
On the night of the July 30th election, the “true Republicans” convened a watch party at
Batchelor’s Pad. In the beginning the attendees were in good spirits and hopeful
(considering the voter turnout) that their concerted effort, to convince Republicans that a vote for Arpaio was a wasted vote, would result in a primary victory for Friedel. The atmosphere became less convivial when the early returns established that the vote was, in fact, splitting.
As the evening wore on a person (whose identity is known by Friedel but not by this author) became aware that Vice Mayor Kalivianakis was meeting with Arpaio. For months the Vice Mayor had been attacked on social media and during Town Council meetings as a “traitor” to those who supported her as one of ROT’s “conservative” candidates.
The yet to be identified person, trespassed onto Arpaio’s property, stood outside his office, took a surreptitious photo of the two siting together through the window.
The trespasser’s photo was sent to Friedel who then forwarded it to Vice Mayor
Kalivianakis, who was still visiting with Arpaio, and unaware that she had been stalked. Because the Vice Mayor is nothing, if not plucky, she texted a response to Friedel saying that if he wanted her to stop by his watch party he should have just asked. Shortly thereafter, accompanied by her boyfriend, the Vice Mayor entered the premises where she encountered a mostly hostile crowd!
To her credit, Vice Mayor Kalivianakis has been circumspect in discussing the ensuing chaos, pending the results of the MCSO investigation. Upon her arrival she was verbally assaulted by several people and physically assaulted by Friedel’s wife, Barbara. During the ensuing melee, the Vice Mayor’s boyfriend, who had attempted to come to her aid, was ejected from the restaurant, sustaining injuries in the process, that were subsequently documented.
When it was clear that the crowd could not be controlled, MCSO was called, at approximately 9:00 p.m., by one of the attendees. Three vehicles responded and their flashing lights attracted the attention of Mayor Dickey’s supporters who were meeting just up the street. Friedel’s watch party came to an abrupt and ignominious end.
In the aftermath, Vice Mayor Kalivianakis charged Barbara Friedel with assault. The MCSO recently completed its investigation and forwarded the completed report to the Maricopa County Prosecutor.
To date, Friedel has not issued a public statement or even acknowledged his role in instigating the confrontation. At a minimum, one would expect a man who aspires to be our mayor and constantly complains about a “lack of transparency” to apologize to Vice Mayor Kalivianakis for the injury she sustained, and to the community , for the public embarrassment resulting from a barroom brawl, at an event he sponsored. But Gerry Friedel is a man, whose outsized ego and narcissism are so entrenched, that the mere thought of admitting to and apologizing for his use of a trespasser’s surreptitious photo to lure the Vice Mayor to a gathering where he knew she would be met with hostility and was physically assaulted by his wife, is impossible for him.
Gerry Friedel is unfit for office.
The Dust Up
This account is based on a true story from the very recent past. Some names have been altered and events dramatized but other than that, this is pretty much what really happened.
Li’l Gerr stood staring out the saloon window, his mouth agape, partially blinded by the flashing lights of the three black and yellow Expeditions dispatched to handle the dust up. A single tear formed in his slightly smaller right eye and began its trek down his unevenly stubbled cheek when it was spotted and wiped away by Barelythere Barb. Barelythere looked down at him and mournfully murmured: “Well, this really sucks”.
Li’l Gerr looked away from Barelythere and watched as the Deputies came through the saloon door surveying the gang and asked himself: “How could it all have gone so wrong?”
This was supposed to be his big night. The votes were going to come in and it was going to be clear to everyone that he would win by a landslide! Hoagieman and Tuton would hoist him on their shoulders, parade him around the room and sit him on the bar where he would perch, as the whole gang lined up to shake his hand and pat his head.
It hadn’t worked out that way. The liquor had flowed freely and the gang was giddy with anticipation. But then, the first report came in. It was clear there would be no landslide. The gangs’ mood darkened. There was blame to be placed, there were fingers to be pointed and there were scores to be settled.
There was bad blood. So much bad blood.
O’l Joe started it. Why did he have to be so damn selfish and stubborn? Why couldn’t he just hang up his saddle and mosey on into the sunset? Sure, there would be sacrifices. O’l Joe would have to give up those five-dollar contributions from the poor folks in Louisiana, Arkansas and Mississippi. He wouldn’t be able to use his campaign money to pay for his fancy dinners or to pay Dev and Guido to keep him company. He would have to give up driving down the Boulevard, admiring the giant signs with his name on them. He might even be forced to give back or give away his nest egg.
But it was time. O’l Jo had lost six elections in a row. How long did he think he could ride this horse? He might have come around and seen the light. He might have been convinced to do the right thing, for the good of the gang, if it hadn’t been for Miss Ashleigh, that conniving little vote-splitter.
Li’l Gerr knew that Miss Ashleigh had used her wiles to convince O’l Joe that he could win and return to his glory days. She had him believing that he would be leading a posse down the Avenue during the Holiday Parade! O’l Joe riding in the front, on a white stallion with Santa at the back, atop a shiny, red firetruck.
It was Ms. Ashleigh who put those ideas in O’l Joe’s head, sidling up to him like that and praising him.
It was no wonder that Ranger Rick got so mad with Miss Ashleigh for interferin’. He got so mad that during one of the gangs’ group calls he said (according to Big Ma and Hothead Earle ): “If she was my kid, I’d take a baseball bat to her!” Others recollected that he said: “If she was my kid, I’d take her out behind the barn and take a bat to her head”. It didn’t really much matter what the exact words were. Ranger Rick’s meaning was pretty darn clear! Ashleigh had got out of line and needed some sense beat into her!
It was just too bad that Big Ma was on that call. Big Ma didn’t appreciate Ranger Rick tellin’ her how to discipline one of her kin. Hothead Earle was madder than a wet hen when Big Ma told him about the baseball bat. Nobody was goin’ to suggest taking a bat to his woman behind a barn or any other locale!
Next thing you know there’s the Red Ruckus at the Meetin’ House. Ms. Ashleigh and Hothead Earle dared Ranger Rick to say to their faces what it was he would do with a baseball bat if Ms. Ashleigh was his kid. Hothead Earle and Ranger Rick were nose to nose and fixin’ to “take it outside” when folks told them to settle down and not go makin’ fools of themselves at the Meetin’ House.
But Ms. Ashleigh and Hothead Earle would not just let it go. Last night, Ms. Ashleigh had been posting all manner of nastiness on the Facebook. Telling everyone not to vote for Ranger Rick and if they wondered why, they should just call her up and ask her. But then Ms. Ashleigh couldn’t wait for people to call her up. She was so worked up she just had to put it all out there – the stuff about the baseball bat and all – where anyone could read or take a screenshot of it. Miss Ashleigh went on and on about than damn baseball bat and how Ranger Rick had threatened to beat her with it.
Miss Ashleigh claimed that she was so scared about Ranger Rick coming after her with that baseball bat that she turned him into the Sheriff and there was a report to prove it! Some folks questioned Ms. Ashleigh trying to get a better feel for what had happened. They asked: “What color was the baseball bat?” And, “Could they get a copy of that Sheriff’s report?”
Then Miss Crystal gave Miss Ashleigh the “what for” for making such a fuss on the Facebook. Miss Crystal said that Miss Ashleigh’s story about the baseball bat wasn’t “quite accurate” and it was Miss Ashleigh and Hothead Earle who started the ruckus at the Meetin’ House. Miss Crystal said that she was downright disappointed in Ms. Ashleigh for bringing up this whole mess, the night before an election, when she was an outsider and didn’t even live in town. Miss Ashleigh said she was disgusted with Miss Crystal for not standing up for women who were being threatened with baseball bats.
Looking back, Li’l Gerr had to admit that there was bad blood, but it might have all worked out if it wasn’t for the vote not being a landslide and Ms. B showing up at the saloon.
Just as the crowd was starting to boil over and looking for a way to let off some steam, someone reported that Ms. B had just been spotted going into O’l Joe’s office and there was a picture to prove it! The camera with the picture got passed around and there it was, all digitized and ready for sharing. A picture, taken through O’l Joe’s office window, of Ms. B sitting with O’l Joe. Li’l Gerr thought they both were looking kind of forlorn, but the gang didn’t see it that way. Ms. B had already made them real mad with all her flip flopping and such and she was going to be real sorry for consorting with that vote splitter.
Even so, the dust up might have been avoided if Li’l Gerr had not sent that picture and all manner of mean thoughts to Ms. B. Looking back, Li’l Gerr realized that was a mistake and he was asking for trouble. He should have figured that being the kind of gal she is, Miss B would see that picture and read those mean thoughts and head right on over to the saloon to set things right. Clear the air! After all, she was just trying to cheer up O’l Joe, make him feel a little bit better about hanging up his saddle and having to pay Dev and Guido to hang out with him out of his own pocket. Folks would understand.
But folks didn’t understand.
When Ms. B and her gentleman friend swung open the door of the Saloon things got real ugly-real fast.
As he watched the deputies make their rounds, Li’l Gerr shook his head and tried hard to remember who did what and who they did it to. He knew it was just a matter of time before the Deputies would ask him for his story. But it had happened so fast it was all kind of a blur and he couldn’t see over all those heads.
Li’l Gerr did remember that there was yelling and shoving. There was a lot of red faces and angry words directed at Ms. B. He remembered that Barelythere said mean words to Ms. B and gave Ms. B’s arm a good tug or twist. Li’l Gerr also remembered that the gentleman friend didn’t take kindly to the gang going after Ms. B like that and got himself all mixed up in fisticuffs until he was tossed out the door looking kind of battered and beat up.
Li’l Gerr boosted himself up on the bar stool waiting for the Deputies. He looked in the mirror and tried the best he could to clear his head. He was pretty sure that his usual approach to these types of things (denyin’ and deceivin’) wouldn’t work.
His only hope was to keep this thing quiet. He could only pray to Tony’s god that word of the dust up didn’t get out. The only problem with that was the folks in a meeting just up the street. Those folks didn’t much like Li’l Gerr or the gang and he was pretty sure that one of them would have spotted the black and yellow Expeditions and those damn flashin’ lights.
Barely there was right, Li’l Gerr thought: “This really does suck”.
THE PROJECT 2025 MANDATE FOR LEADERSHIP AND FOUNTAIN HILLS – Political and Religious Extremists Are Intent on Taking Control of Our Town
The Appeal to Heaven Flag and the Second American Revolution
Recently, Councilmember Allen Skillicorn changed his on-line profile image to a painting depicting George Washington holding the “Appeal to Heaven Flag”. The Appeal to Heaven Flag, also known as the Pine Tree Flag, dates back to the Revolutionary War, but in 2020, became a symbol of the “Second American Revolution” proposed by the Heritage Foundation in Project 2025. The Second American Revolution will end with the “reform” of our government and institutions to “transform” the United States into a Christian nation where all aspects of society are controlled by Biblical Principles. https://www.baptiststandard.com/news/nation/appeal-to-heaven-flag-tied-to-christian-nationalism/
Kevin Roberts, President of the Heritage Foundation and one of the principal authors of “Project 2025 the Mandate for Leadership” recently warned: “We are in the process of the second American Revolution, which will remain bloodless, if the left allows it to be.” https://www.newsweek.com/project -2025-promises-second revolution-1920506
The Pine Tree Flag was carried by rioters during the January 6th attack on the Capitol. The Pine Tree flag was displayed outside of Justice Alito’s vacation home resulting in considerable controversy. Mike Johnson, the Speaker of the House flies the flag outside of his office. https://www.au.org/the-latest/articles/appeal-heaven-flag24/. State Senator John Kavanaugh sponsored a a bill that would have required HOA’s to allow residents to fly the Pine Tree flag.
And now, Allen Skillicorn, following the election of his ally, Gayle Earle, to the Town Council, has openly announced his allegiance to the principles of the Second American Revolution and, with the anticipated support of a “conservative majority” on the Town Council, his intent to follow the Project 2025 playbook.
The Project. 2025 Playbook
The Introduction to Project 2025’s “Mandate for Leadership, the Conservative Promise” describes the book as an “agenda prepared by and for conservatives who will be ready on Day One of the next Administration to save our country from the brink of disaster”. (Mandate for Leadership p.3) To avoid this “disaster” conservative leaders must focus on fulfilling the following “promises”:
- Restore the Family as the centerpiece of American life and protect our children.
- Dismantle the “administrative state” and return self-governance to the American people.
- Defend our nation’s sovereignty, borders, and bounty against global threats.
- Secure our God-given individual rights to live freely-what our Constitutions calls “the Blessings of Liberty”.
(Id.)
Some of the radical changes proposed in the Mandate for Leadership primarily involve the federal government. However, the Second American Revolution, envisioned by Project 2025, goes beyond dismantling and transforming the federal government to create an autocracy. The goal is to create a Christian autocracy.
https://baptistnews.com/article/are-our-churches-prepared-for-christian-autocracy/. That goal can be met only by winning the culture war on the federal, state and local level. According to the Mandate for Leadership the Second American Revolution won’t be complete unless and until the culture war against “wokeness” has been won. (Id. p. 4)
According to the Mandate for Leadership terms such as “sexual orientation and gender identity (“SOGI”), diversity, equity and inclusion (“DEI”), gender equality, gender awareness, gender sensitive, abortion, reproductive health, reproductive rights, and any other term used to deprive Americans of their First Amendment rights” must be deleted from legislation, rules, regulations, grants and contracts. (Id. p. 5)
The Mandate for Leadership also calls for the “noxious tenets” of “critical race theory” and “gender ideology” to be excised from the curricula in every public school because: “(T)hese theories poison our children, who are being taught on the one hand to affirm that the color of their skin fundamentally determines their identify and even their moral status while on the other they are taught to deny the very creatureliness that inheres to being human and consists of accepting the giveness of our natures as men or women”. (Id.)
Project 2025 and Fountain Hills
The culture war against “wokeness” cannot be won solely through action taken at the federal level. To win the culture war action must be taken by state and local governments. To create an autocratic theocracy state and local laws will need to be revised to adopt” biblically based” definitions and principles. These revisions to the law cannot be made unless supporters of the Project 2025 conservative agenda are elected. In Fountain Hills we have now elected two committed Project 2025 culture warriors and may well have elected a third.
During the past two years many have been so distracted by the orchestrated conflict between “conservatives” and “leftists”, manufactured and fueled by Reclaim Our Town (ROT) that we failed to take notice the of the efforts undertaken by religious and political extremists to pursue the Project 2025 agenda in Fountain Hills.
In 2022, Fountain Hills elected Hannah Toth and Allen Skillicorn to our Town Council. Both Toth and Skillicorn are unabashed supporters of the primary goal of Project 2025: the establishment of an autocratic Christian Theocracy. (see: http://www.appealtoheaven.org). Skillicorn views the Bible as having supremacy over the Declaration of Independence.
Although both Skillicorn and Toth appear to have higher political aspirations, for now, they are intent on orchestrating a takeover of the Town Council. With the election of Skillicorn’s avowed ally, Gayle Earle, they are only one vote away from achieving this goal.
Enter Allen Skillicorn
Before Skillicorn entered the political arena in Fountain Hills he served as a Trustee for the Village of East Dundee and went on to serve three years and 11 months in the Illinois House of Representatives.
In November of 2021 Skillicorn was defeated by his Democratic opponent, who during the campaign noted his association with right wing organizations (like “Illinois Gun Owners Together”) and described him as “Too Extreme for Illinois”, a description he eagerly embraced:
On January 5, 2021, before the end of his second term, Skillicorn, who had been the subject of an ethics investigation, abandoned his position in the Illinois House, leaving his constituents unrepresented.
Why Skillicorn selected Fountain Hills as the launching pad for his failed political career remains a mystery. It appears that he may have been invited or at least encouraged to come here to pursue his far-right political agenda. Skillicorn very quickly, and probably not coincidentally, attached himself to State Senator John Kavanagh.
Skillicorn also formed an alliance with Hannah Toth. Toth and Skillicorn appear to have recognized early on that they had more than their purported fiscal conservatism in common.
The Attack on “Cultural Marxism”
In 2022 Skillicorn announced that he would run for the Fountain Hills Town Council. In relaunching his political career Skillicorn invoked one of the central themes of Project 2025: “cultural Marxism”. See, https://www.heritage.org/progressivism/report/how-cultural-marxism-threatens-the-united-states-and-how-americans-can-fight/
Throughout his campaign Skillicorn described his opponents as “Marxists”, “Socialists” and “Leftists”. During a meeting of the Fountain Hills Republican Club Skillicorn pledged to rid Fountain Hills of the “Communists” and “Socialists” that were intent on destroying the Town.
The Attack on “Wokeness”
A core belief shared by Skillicorn and the authors of Project 2025 is that the Second American Revolution must, through political action, defeat the “woke cult” that has legitimized “affronts” to morality like gay marriage and abortion. Skillicorn believes that the Gospel of Christ has been subordinated to a false gospel of secular liberalism.
During his two years on the Town Council Skillicorn has characterized those who support reproductive freedom, gay rights, asylum seekers or the homeless as “woke” a mindset he considers to be both “evil” and “satanic”:
Skillicorn has repeatedly attacked Mayor Dickey as “woke”, and falsely claimed that, like other “woke mayors”, she has brought crime and homelessness to Fountain Hills and suggested she be “fired”.
The proponents of Project 2025, like Skillicorn, believe that the “woke cult” is intent on subverting the family, to “replace people’s natural loves and loyalties with unnatural ones.” (Mandate for Leadership, p. 4) They believe that marriage can only be between one man and one woman and homosexuality is unnatural. Skillicorn has personally endorsed the proposition that you cannot be a gay Christian:
Skillicorn has targeted “woke” schools, teachers and our library for condemnation:
The authors of the Mandate for Leadership refer to “transgender ideology” as “pornography” and labeled members of the transgender “child predators” (Mandate for Leadership, p. 5) Both Skillicorn and Toth have repeatedly attacked and demeaned members of the transgender community:
Toth demonstrated her disdain for members of the transgender community by sitting in the front row of the Candidate Forum wearing a shirt embossed with the caption “Real Men Aren’t Women”.
As noted above, the Mandate for Leadership supports outlawing abortion and curtailment of a woman’s right to reproductive freedom as do Skillicorn and Toth. Both view abortion as murder:
Project 2025 is intent on ending all policies directed toward the goal of creating diversity, equity and inclusion (“DEI”). Skillicorn has stated his belief that “DEI” must die:
Skillicorn attempted to introduce a Resolution that would have banned what he described as “DEI discrimination”. The measure failed for lack of a second when it was determined that only Toth, Gerry Friedel and Skillicorn would vote in favor of the measure.
To date, Skillicorn and Toth’s efforts to enact ordinances or pass resolutions to support the culture war have been sporadic because they lacked a majority. They were successful in restoring an Invocation prior to Town Council meetings but disappointed to discover that they could not Constitutionally limit the speakers to those who supported their religious views . They were also successful in passing a Resolution that would prohibit the issuance of future mask or vaccine mandates which the Mandate for Leadership would also outlaw. (Mandate p. 19 and 475)
It is apparent, however, that if Skillicorn and Toth obtain a reliable majority there is no limit to the cultural issues they could attempt to regulate. Unfortunately, they now need only one more vote.
Enter Gayle Earle
Last year, Skillicorn identified Gayle Earle as the most likely candidate to provide him with the unwavering support he and Toth require to support them in their culture war. Earle has made no secret of her devotion to Skillicorn. During a presentation to the Rio Verde Republican Women’s Club, Earle described Skillicorn as Fountain Hills’ “boldest councilmember” and referred to the hearing, that led to the imposition of sanctions against him as a “public lynching.” Clearly, Gayle Earle was a critical component of Skillicorn’s plan to assume control over the Town Council.
We do not have concrete evidence that Gayle Earle shares Skillicorn’s and Toth’s commitment to the establishment of a Christian autocracy. However, given the fact that Wendy Rogers “loves” Earle and based on her relationship to Ashley Earle, it is a safe bet that Gayle Earle will support any far-right social agenda item advanced by Toth and Skillicorn.
Gayle Earle shares a close bond with her daughter-in-law, Ashely Earle. Ashley is a proponent of Project 2025 and holds a leadership position with Moms for Liberty, identified by the Southern Poverty Law Center in its 2022 annual Year in Hate and Extremism report. https:www.npr.org/2023/06/07/1180486760/splc-moms-for-liberty-extremist-group/ Ashley Earle is also an unabashed fan of Jacob Chansley, the January 6th “Q’Anon Shaman”.
In this photo, where she is pictured standing next to Chansley, Ashley proudly displays her “We the People” tattoo, a phrase found in the preamble to the Constitution that has been co-opted by alt-right antigovernment organizations and the January 6 rioters.
Enter Turning Point USA
TPUSA, founded and led by Charlie Kirk, began in 2012 as a campus-based campaign to recruit students to support conservative candidates and causes. Today, TPUSA is a multifaceted, multi-billion-dollar behemoth that supports far-right and alt-right causes and candidates. Its related entities include Hannah Toth’s employer, Turning Point Action, as well as Turning Point Faith. The announced mission of Turning Point Faith is to restore America’s biblical values and empower Christians to assume control over local, state and federal government. http://tpusafaith.com.
Some may recall the unhinged presentation made by Ben Larrabee during a Town Council meeting. Larrabee, who does not live in Fountain Hills, but is one of Toth’s senior coworkers at Turning Point Action, provided a three-minute rant on the topics of “grooming,” “sex trafficking,” and bathroom assaults allegedly committed by transgender school children. Larrabee falsely claimed that he was “cut-off” by the Mayor:
Larrabee has injected himself into town governance, serving as a “consultant” to Skillicorn, Toth and Gerry Friedel regarding the “Ban DEI Resolution”.
TPUSA is poised to continue to meddle in Town governance and use its considerable resources to support the take over of our Town Council.
The Skillicorn/Toth/Earle/Friedel Alliance
Although Friedel is on record as saying he considers Skillicorn to be a “bully” and does not “agree with his character,” it is clear that he will continue to back the bully as long as the bully has ROT’s support.
As to this point it is important to recall that Friedel voted:
- against imposing sanctions on Skillicorn for his clear ethical violations, including the unlawful pursuit of the Town Code Enforcement Officer;
- in favor of Skillicorn’s resolution to instruct the Town Attorney not to defend the litigation arising out of the failed Four Peaks Referendum, which would have resulted in an admission by the Town and the Town Clerk of illegal conduct;
- against the zoning change that would allow the Four Peaks Development to proceed;
- in favor of Skillicorn’s grandstanding motion to reduce the Town’s budget cap by $1; and
- against accepting the $100,000 grant from Maricopa County to develop an EV Charging Station site plan.
Skillicorn, Toth and Earle can be confident that Friedel will do nothing to thwart their ambition to take control of the Town government and continue the culture war.
The Skillicorn/Watts/Corrigan Alliance
Recently, on his X Account, Skillicorn posted a photo of him standing beside a Watts/Corrigan sign that had been paid for by the NICOPAC. Nico Delgadao, the founder of the Political /action Committee, is the posterchild of the far-right in Arizona politics and a Skillicorn ally.
In the post Skillicorn endorsed both Corrigan and Watts touting the signs the NICPAC purchased to support their candidacy. Although Skillicorn deleted his post endorsing Watts and Corrigan, Delgado’s posts were preserved. In one of these posts Degado warned that the election of Watts and Corrigan was necessary to “Save Fountain Hills”.
We now know that both Watts and Corrigan are supported by ROT, Skillicorn and the far-right activist, Nico Delgado. Both fit into Skillicorn’s plan to take control of the Town Council.
HOW CAN WE STOP THE TAKEOVER?
The self-styled Christian warrior, Allen Skillicorn has his sights set on taking over the Fountain Hills Town Council to pursue the extremist war on “wokeness” described in the Mandate for Leadership.
If Skillicorn, Toth and Earle attain a majority on the Town Council we can expect the Project 2025 culture wars to be waged during every meeting of the Town Council. We can expect the presentation and passage of ordinances and resolutions that would: stop any development that would diversify our community; place restrictions on access to public restrooms; ban DEI; disavow any provision of the Strategic Plan aimed at protecting our environment; and allow religious symbols and even the Pine Tree flag to be displayed on Town property. Attention would be diverted from the business of government: budget management, strategic planning, economic development and allocation of resources.
Fountain Hills is not unique. What is happening in Fountain Hills is being replicated in small towns and cities across the country. https://www.politico.com/news/magazine/2023/02/21/michigan-christian-nationalists-0008321
We are 60 days out from an election that threatens to take Fountain Hills down a treacherous path. Those of us who believe that: local governments should be nonpartisan; that the culture wars should not be waged during Town Council meetings; and that the separation between church and state should be maintained have work to do.
We need to support Ginny Dickey, Peggy McMahon and Clayton Corey candidates who can be relied on to actively oppose the planned takeover. We need to be vocal and vigilant in voicing our opposition to Friedel, Watts and Corrigan.
Consider supporting the Political Action Committee, Flourish Fountain Hills by joining and liking our Facebook and donating to our effort to stop the takeover. https://flourishfountainhills.com
Fountain Hills forward! We can do this!
BOB’S FREE BIKES HAS FOUND A NEW HOME!

When we last visited Bob’s Free Bikes we were awed by the giant, year-by-year recording of the more than 6,000 bikes that had been donated by this amazing organization since it was founded by Bob Mandel in 2016. Today, the whiteboard, although significantly smaller, is still there to document Bob’s progress in fulfilling its mission: ”changing the life of a child one bike at a time.”

Following our last visit, we reported that Bob’s was searching for a new location for its multi-faceted operation. Due to the anticipated sale by the Fountain Hills Unified School District of the Four Peaks Elementary School property, Bob’s was in dire need of new space. We are relieved and happy to report that Bob’s has found a new home.
The address of Bob’s Bikes is now:
16548 Laser Drive, Suites 12 & 13
Fountain Hills, AZ 85268
The new space is 5,000 square feet smaller than Bob’s previous space, but the dedicated volunteers have found a way to make it work. The hundreds of bikes waiting for transformation or delivery to new owners have come off the floor and are now hanging from custom-built scaffolding installed during the reconfiguration process. The new space accommodates only five workstations, and to ensure that production is not adversely affected Bob’s has implemented a shift schedule of two shifts a day from Monday through Thursday.

Thanks to the ingenuity and commitment of volunteers, the transition went smoothly. Little Move’s donated a crew and a large truck to move the heavy equipment. On one of the hottest days of the summer, volunteers contributed their time and their trucks to loading, transporting, and unloading. Bob’s wants to acknowledge and thank Little Moves, Jamie Brown from McDowell Mountain Cycles, and many community volunteers who provided necessary equipment and invaluable assistance in the daunting relocation effort.
By all objective measures Bob’s has managed the transition without a hitch. Before mid-July Bob’s had given away more than 800 bikes and is on pace to exceed the 1,158 bikes that were donated last year. In addition to donating hundreds of bikes to kids nominated through the “Request a Bike Portal,” this year Bob’s has donated bikes to nine diverse organizations: two relief organizations (Domain of Africa and ICNA Relief); Phoenix Children’s Hospital; the 56th Fighter Wing stationed at Luke Airforce Base; the Papago National Guard; Jewish Family and Children’s Services; Wesco Schools (nine bikes awarded to stellar students); Modaba Education Center (28 bikes donated to the students of a newly established micro school in Phoenix); and A New Leaf.

As in the past, nominations are made through the “Request a Bike” portal found on Bob’s website. In general, after a request has been submitted, it takes two to three weeks for the bike to be delivered. The portal, closed briefly during the relocation process, is now open.
The relocation process resulted in some extraordinary expenses. To support Bob’s mission and express our appreciation for their continuing commitment to our community, please consider donating today. Remember that Bob’s is a 501(c)(3) organization and the value of donated bikes as well as monetary contributions are tax deductible.
#FlourishFountainHills wants to thank Bob’s for its perseverance and ingenuity. We are very fortunate to have you here.
Bob’s Free Bikes
Hours: 12 PM – 4 PM Monday, Wednesday, and Thursday
Telephone: 480-226-1357
Mail Donations to:
Bob’s Free Bikes
16548 Laser Drive, Suites 12 & 13
Fountain Hills, AZ 85268
Sanctions Against Skillicorn Will Stick
JUDGE FINDS THAT THE FIRST AMENDMENT DOES NOT PROTECT HIM FROM THE SANCTIONS IMPOSED BY THE TOWN COUNCIL
In a “Tentative Ruling” dated July 30, 2024, the Honorable Dominic Lanza, the judge assigned to the action: Allen Skillicorn v. Ginny Dickey et al., concluded that Skillicorn’s claims were without merit. In an 18-page decision Judge Lanza, appointed to the Federal District Court bench by Donald Trump in 2018, concluded that under established Supreme Court precedent, the Town Council had the right to censure and discipline Skillicorn.
Judge Lanza expressly rejected Skillicorn’s claim that the imposition of sanctions violated his First Amendment rights. The Court also found that Skillicorn’s claims against Mayor Dickey and the three individual councilmembers who voted in favor of the sanctions were barred by the Doctrine of Legislative Immunity.
In reflecting on what brings an end to the ignominious litigation Skillicorn falsely claimed would expose corruption, it is important to recall how we got here and the members of the Town Council who acted with integrity and those who did not.
The Ethics Complaints
During his 18-month tenure on the Town Council Skillicorn has been the subject of at least nine ethics complaints. Some of those complaints were erroneously found to be without merit because the lawyer retained to review them did not find the controlling precedent.
Skillicorn’s lawsuit was based primarily on ethical violations he committed in September 2023 and January 2024. The September 2023 incident resulted in ethics complaints brought against him by Pam Cap and Councilmembers Sharron Grzybowski and Brenda Kalivianakis. The January 2024 incident resulted in an ethics complaint filed by Councilmember Grzybowski.
The four ethics complaints arising out of these two incidents were found to have merit by Tina Vannucci, the outside attorney retained to investigate them. Ms. Vannucci was also named as a defendant in Skilicorn’s lawsuit based on her purportedly “sham investigation.” Following Ms. Vannucci’s determination, the matter was referred to the Town Council to determine the appropriate sanctions.
Skillicorn’s Unlawful Pursuit of Peter Lucchese

On Sept. 23, 2023, during the school bond campaign, Skillicorn, a rabid opponent of the proposal, placed one of his “No Bond” signs in an unauthorized location. The sign, which Skillicorn had equipped with a tracking device, was removed by Peter Lucchese, a Code Enforcement officer. Minutes after Lucchese placed the sign in his vehicle and was back on the street, Skillicorn (who appears to have been lying in wait) drove up behind him, honking his horn and flashing his high beams. Not knowing who was pursuing him and concerned that his pursuer could be armed Lucchese drove to Town Hall where he parked near the Sheriff’s office. The subsequent encounter was captured on the responding deputy’s body camera, which can be viewed here, April 6 Flourish Fountain Hills Facebook post: https://fb.watch/tOdBbKz3_I/
After the incident and to this day Skillicorn claims that Officer Lucchese “stole” his sign and he was justified in chasing him in his vehicle and confronting him in the Town Hall parking lot. In the lawsuit, Skillicorn’s encounter with Lucchese is misleadingly described as follows: “…(a) Town employee confiscated a political sign that advocated against a Town bond measure. Councilman Skillicorn simply wanted to know why his political sign had been removed…and in fact it was he who was subject to aggressive behavior.” (Skillicorn Complaint, Preliminary Statement, p2.)
Skillicorn’s Scurrilous Attack on the Mayor and Members of the Town Council
During the Jan. 17, 2024, hearing on the proposed zoning change for the Target Plaza property, Skillicorn abruptly attempted to disrupt the proceedings with a “point of order.” Skillicorn then demanded that he be allowed to individually question the mayor and other councilmembers to determine if they had engaged in “ex parte” communications with or accepted “campaign contributions” from representatives of the developers of the Four Peaks project.
Skillicorn was ultimately ruled to be “out of order” but not before he fed the rumors, still in circulation, that members of the Town Council engaged in inappropriate “private” communications with the developers and accepted campaign contributions from them. The ethics complaints brought against Councilmember Kalivianakis that resulted from Skillicorn’s grandstanding were found to be without merit. There is no evidence that the mayor or any member of the Town Council accepted a campaign contribution from the developer of the Four Peaks Project. Yet Skillicorn continues to defame his colleagues.
Recently on his X account, Skillicorn published a promo for “part 2” of an article, written by Rachel Alexander (a sham journalist for an alt-right publication), that provided:
“Part two of my devastating reveal about the far leftists running our super red Town of Fountain Hills and conspiring against conservatives. Here I go over a lawsuit that conservative Town Councilman @allenskillicorn was forced to file against the town’s leadership for coming after him due to his conservatism-they are disciplining him, including preventing him from serving as vice mayor, for confronting a town employee stealing one of his signs, and for questioning other council members over voting issues regarding developers who had contributed to their campaigns.”
The Hearing

On March 29, 2004, the Town Council held a special hearing to determine the sanctions, if any, to be imposed on Councilmember Skillicorn based on two distinct violations of the Town’s Code of Ethics. The council chamber was at capacity, which was not surprising considering the unprecedented nature of the proceeding and the media attention that Skillicorn eagerly sought to complain of his “political persecution” and the “efforts to silence him.”
During the proceeding, Skillicorn offered no defense to the charges but sat in his chair, red-faced and sullen, glowering at councilmembers as they recounted their reasons for supporting an award of sanctions. Mayor Dickey impressed many of the attendees with her calm and measured management of the proceeding, which she described as disheartening but necessary to ensure that residents and staff could maintain trust in the integrity of its elected officials.
Councilmember Toth was not physically present but, without providing any justification for Skillicorn’s obvious violations of the Code of Ethics, voiced her opposition to any effort to discipline him. Toth did make oblique references to Bible verses that she appeared to believe had some relevance to the proceedings.
Councilmember Friedel advised those in attendance that although he was “not a fan of Allen’s arrogant, rude, bullying style” he would not vote to support an award of sanctions because of a letter he and other members of the council had received. This letter, authored by Skillicorn’s lawyer, Timothy LaSota, threatened legal action if the hearing was allowed to continue and resulted in an award of sanctions.
Friedel claimed that he had given LaSota’s letter to his personal attorney who advised him not to vote in favor of any sanctions. Friedel concluded by weakly attempting to justify his failure to fulfill his obligation to enforce the Code of Ethics as follows: “I am sorry I had to reach out to legal counsel, but I respect my counsel and I will follow his advice.”
Those familiar with the well-established law of insulating elected officials from personal liability arising out of the performance of their official duties did not accept Friedel’s explanation. No damages could be awarded against Friedel or other Town Council members based on their decision to sanction Skillicorn. Friedel was also aware that the legal fees incurred in any litigation would be paid by the Town’s risk management pool.
It was clear to many that Friedel’s unprincipled refusal to sanction Skillicorn was not based on the advice of an attorney but on his fear of alienating ROT and its supporters. Friedel was not concerned with protecting the reputation of the town or the well-being and safety of employees. Friedel was only concerned with how his vote to sanction Skillicorn would be viewed by his supporters.
The Sanctions

Based on the determination made by Ms. Vannucci that the ethics complaints had merit, Mayor Dickey and Councilmembers McMahon, Grzybowski, and Kalivianakis voted to censure and impose specific sanctions on Skillicorn.
In the Complaint Mr. LaSota (who represented ROT in the ill-fated Referendum litigation) unartfully described the sanctions as follows:
- Skillicorn cannot be elected (sic) Vice Mayor;
- The Town will not pay for any travel for Councilman Skillicorn for travel related to his official duties;
- Mr. Skillicorn (sic) has been barred from interacting with Town employees unless another individual is present; and
- The Town Council is badgering Councilman Skillicorn to “apologize to the Town employee at issue, compelled speech that Councilman Skillicorn refuses to engage in. His refusal will undoubtedly lead to attempts to impose additional sanctions. (Complaint, Preliminary Statement, p.2)
The Lawsuit
Skillicorn’s lawsuit was brought against the Town of Fountain Hills, the mayor, the three councilmembers who voted in favor of the sanctions, and Ms. Vanucci.
The Complaint, signed by LaSota, is a sloppy stream-of-consciousness diatribe consisting almost entirely of argument. One section of the Complaint is actually titled: “Continuing Fallout and New Ethics Complaints Targeting Councilman Skillicorn’s First Amendment Rights Emerge.”
In this section it is alleged that: “The Defendant Councilmembers have begun a campaign of harassment, attempting to badger councilmember Skillicorn into apologizing to Town employee Peter Luchese (sic).” (Complaint P. 59). The harassment complained of included a single email from Councilmember McMahon stating: “Please provide me with a copy of your letter of apology to Peter Lucchese, Code Enforcement Officer.” (Complaint P. 54). Paragraph 55 of the Complaint is not an allegation but a defiant statement: “Councilman Skillicorn owes no apology to Mr. Luchese (sic), he will not be apologizing to Mr. Luchese (sic) and the Town will likely attempt to impose additional illegal sanctions on Skillicorn for his refusal.”
In the “Prayer for Relief” Section of the Complaint Skillicorn requested an award of compensatory and punitive damages, his attorneys’ fees and costs, and injunctive relief. It was the request for injunctive relief that resulted in Judge Lanza’s Tentative Ruling signaling that he has determined that Skillicorn’s claims against the Town and the individual defendants have no merit.
In a civil action, the plaintiff is generally seeking redress for an injury sustained because of the defendant’s unlawful conduct. The remedies may include monetary damages either as compensation for the injury or to punish the defendant for willful or malicious conduct.
If the law provides for the matter to be tried by a jury and if a jury trial is requested, the jury will determine, based on the evidence and applicable law, if the plaintiff is entitled to damages. The jury will also determine the amount of damages to be awarded. Skillicorn requested a jury trial; however, the Tentative Ruling makes it clear that his claims against the Town and the individual defendants will never make it to a jury because the Judge has determined, as a matter of law, that those claims to be without merit.
Normally, the determination that a claim has no merit as a matter or law would be made by the Judge in the context of a Motion to Dismiss or a Motion for Summary Judgment. However, as noted above, in the Complaint Skillicorn also requested injunctive relief. Injunctive relief is appropriate where the plaintiff establishes that he will sustain further injury unless the court orders the defendant to do or refrain from doing something.
Only Judges can award injunctive relief. A Judge will issue an order providing injunctive relief only if he first determines that, as a matter of law, it is likely that the plaintiff will prevail on his claim against the defendant. If, as a matter of law the claim has no merit, injunctive relief will not be granted.
Here, Skillicorn brought a Motion asking Judge Lanza to issue a preliminary injunction that would prohibit the Town and the four individual members of the Town Council from violating his “rights” in the future and taking any action to enforce the sanctions that had been imposed.
The Motion was scheduled for a Hearing on August 13, 2024. Prior to the Hearing, the Plaintiff and the Defendants submitted briefs setting out the facts and the law in support of their respective positions.
On July 30, 2024, Judge Lanza took the highly unusual action of issuing a Tentative Ruling denying the Motion for a Preliminary Injunction because Skillicorn “has not established a likelihood of success on, or even serious questions going to, the merits of his claims” (Tentative Order pg. 18). In other words, the Judge has determined that even if Skillicorn’s highly skewed version of the facts were found to be true, he could not prevail because there is no legal basis for his claims.
The Court’s decision was based on the determination that, as a matter of law:
• The Town Council did not violate Skillicorn’s Constitutional Rights by sanctioning him for his unethical conduct; and
• The doctrine of legislative immunity precludes Skillicorn from asserting any claim against the individual defendants based on their performance of the legislative act of disciplining another councilmember.
The Court’s Conclusion That Skillicorn’s Constitutional Rights Were Not Violated
Judge Lanza began his analysis of the merits of Skillicorn’s claim that his Constitutional Rights were violated by chiding his lawyer for making a demonstrably false argument as follows: “Although Plaintiff contends that there is ‘zero support’ in ‘federal case law’ for the notion that the members of a municipal legislative body, such as the Town Council, may censure or discipline a fellow councilmember for conduct that would otherwise be protected by the First Amendment, Plaintiff overlooks that there is, in fact, a significant body of law on this topic.” (Tentative Ruling pg.12)
Judge Lanza proceeded to discuss the ‘significant body of case law’ including, most notably, a recent unanimous decision of the United States Supreme Court. In that case, Houston Community College v. Wilson, 595 U.S. 4 (2022), the Supreme Court observed that “elected bodies in this country have long exercised the power to censure their members” and there is “little reason to think the First Amendment was designed or commonly understood to upend this practice.”
Based on this decision and cases reaching the same conclusion, Judge Lanza found that Skillicorn’s First Amendment rights were not violated by the sanctions that were imposed.
The Court’s Conclusion That the Doctrine of Legislative Immunity Precludes Skillicorn From Asserting Any Claim Against the Individual Defendants
Judge Lanza’s determination that Skillicorn’s claims are without merit was also based on his application of the long-standing legal principle that members of a legislative body cannot be sued for actions they take while performing their legislative duties. In his analysis, Judge Lanza relied on decisions from multiple jurisdictions concluding that a governing body’s discipline of a member is a legislative act.
Accordingly, Judge Lanza concluded that Skillicorn’s claims against the individual defendants were without merit.
Where Do We Go From Here?

If Skillicorn and his lawyer had any sense they would cancel the hearing and dismiss this ridiculous lawsuit. Judge Lanza has carefully explained the basis for his determination that Skillicorn’s claims are without merit. The Judge has sent a clear message to Skillicorn and LaSota that the lawsuit should be dismissed.
If the action is not dismissed voluntarily and continues, we expect that the Defendants will seek sanctions under Rule 11 of the Federal Rules of Civil Procedure. Rule 11 authorizes the court to sanction an attorney and, in some cases, a litigant, where claims or contentions are made for an improper purpose or unwarranted under existing law by a “nonfrivolous argument” for extending or modifying the law. The sanctions can include an award of an opponent’s attorney’s fees and costs.
Judge Lanza’s Tentative Order would be viewed by any reasonable litigant or lawyer that it is time to fold up the carnival tent, dismiss the lawsuit, and move on.
We don’t hold out much hope that Skillicorn or LaSota will act reasonably. After all, after the Town Council awarded sanctions against him Skillicorn issued a press release stating: “No one seriously believes that I have violated our community’s standards of ethics.” After the body cam video was released Skillicorn republished the video on Rumble and his X account with a photo of Peter Lucchese with his hands in the air and the caption: “Skillicorn Versus Sign Thief.”
In all likelihood, Skillicorn will continue to convene poorly attended press conferences, plant fake stories in rarely read online outlets complaining of his persecution and “corruption”. He remains blissfully unaware that he is increasingly viewed, even by those who once supported him, as a bumbling fool.
Unfortunately for Skillicorn, he cannot continue this frivolous lawsuit without invoking the ire of a Federal Judge. Federal Judges don’t tolerate litigants who lie for sport and whose lawyers ignore the law. We eagerly await the next sanctions hearing.
For those interested in reading Judge Lanza’s Order follow this link: https://flourishfountainhills.com/wp-content/uploads/2024/08/Doc-32-Skillicorn-Tentative-Ruling.pdf
Fountain of Light Art Brings Beauty to Dark-Sky Fountain Hills



The Fountain of Light art structure was installed the morning of August 7, 2024, on the
Avenue of the Fountains (near the smartly designed, safer, and more commuter- and
pedestrian-friendly roundabout), and #FlourishFountainHills had a chance to check it out
firsthand!
The structure was created by local artist Brian Schader; Fountain Hills Cultural and Civic
Association and the Public Art Committee sponsored this latest work of art on the popular
Avenue of the Fountains as part of the Fountain at 50 celebration.
“My vision for this elegant spire is to sit proudly on the Avenue of the Fountains, greeting
visitors and residents alike as they approach one of the most frequented boulevards in our
town,” Schader said.
According to I Love Fountain Hills, “Schader worked with the Fountain Hills Dark Sky
Association to ensure that the indirect interior lighting of the sculpture would stay within the
town’s dark sky-friendly lighting codes. “The seating area at the base was designed to
create a relaxing spot to take in all the beauty for which our town is famous. Integrated into
the base design will be bronze plaques to provide a bit of history of our town, our past
mayors, and recognition for those patrons who made the installation possible.”
“This beautiful sculpture fittingly captures and reflects muted light with a nod to our dark
skies and pays tribute to the movement in the water of our iconic Fountain,” expressed
Mayor Ginny Dickey. “Thanks to all who made this extraordinary piece a part of downtown
Fountain HIlls.”
The Town Council in 2020 voted 6-0 for the sculpture and its honoring of past, present, and
future mayors at one location. (Mayor Dickey recused herself from the discussion and vote.)
Learn more about the sculpture and how this project came together by visiting:
I Love Fountain Hills — https://ilovefountainhills.org/fountain-of-light/
The 2020 story from the Fountain Hills Times —
https://www.fhtimes.com/stories/mayors-to-be-honored,43072
NO, MAYOR DICKEY DID NOT VIOLATE THE FIRST AMENDMENT……BUT ALLEN SKILLICORN DID
It is campaign season in #FountainHills and, true to form, ROT with the avid support of Councilmember Allen Skillicorn have made every effort to ensure that the slime continues to ooze down Avenue of the Fountains. This time, they are relying on Tony Pierce, the pastor of Cornerstone Family Church and an unabashed proponent of the tenets of Christian nationalism, to create another false narrative by claiming that Mayor Dickey violated Pierce’s constitutional rights by discussing her concerns about his hateful, dangerous rhetoric with Reverend David Felten.
This tempest in a teapot has now resulted in two ethics complaints being filed against Mayor Dickey and a cover story in the Fountain Hills Times.
This absurd contention that a public official can violate the First Amendment or the Establishment Clause through a private conversation about the incendiary rhetoric of a community leader has been circulating on social media for weeks. Local politicians, apparently ignorant of the scope and intent of the First Amendment, have piled on. Hannah Toth accused Mayor Dickey of acting “illegally.” Gerry Friedel and Art Tolis have expressed their stern disapproval.
📌Mayor Dickey Did Not Violate the First Amendment
It is both alarming and inexcusable that our current, past, and aspiring public officials have so little understanding of the First Amendment. For their edification this is what it says:
“Congress shall make no law respecting the establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
At the time it was enacted the First Amendment applied only to the federal government; its provisions were made applicable to state and local governments by the Fourteenth Amendment.
Here there was no attempt to enact a “law” (ordinance) that would regulate Pierce’s First Amendment rights to speak freely or to practice his religion. The courts have recognized that in addition to enacting legislation, public officials can infringe a citizen’s First Amendment rights by taking or ordering an official action that would prohibit or deter a person from speaking freely or practicing their religion.
Mayor Dickey took no official action to prohibit or deter Pierce from speaking freely. Reverend Felten recalled that during this conversation Mayor Dickey asked if there was a hierarchy in Pierce’s church that could “reign him in.” Mayor Dickey has a different recollection of their conversation. Mayor Dickey recalls asking Reverend Felten if Pierce was affiliated with an organization that might object to his daily condemnations of the LGBTQIA+ community.
Both mayor Dickey and Reverand Felten recall that following the conversation there was no communication of any complaint or concern to anyone – the matter was dropped. But even if Mayor Dickey had taken it upon herself to communicate her concerns to the “hierarchy” there would have been no violation of Pierce’s First Amendment rights.
A religious organization is not an agency of the government. Even if the “hierarchy” had been contacted and decided to take some action designed to control Pierce his First Amendment rights would not have been violated. To resort to “legalese” – there was no “state action.” Where there is no state action there is no violation of the First Amendment.
To illustrate, consider the case of a newly elected town councilmember who responded to criticism by two residents by filing police reports against them, falsely accusing them of making “death threats” against him. In this case a compelling argument could be made that the First Amendment had been violated. A government official attempts to enlist the support of a government agency to deter the exercise of the citizens’ right to free speech.
How ironic and hypocritical that the people who are now casting aspersions on Mayor Dickey are the same people who sat silently by when Councilmember Skillicorn filed a police report falsely accusing two residents, who had been critical of his performance, of making death threats against him.
📌Why We Should All Be Concerned About Tony Pierce

As background, it is important to recall that these events took place in June: “Pride Month.” Tony Pierce, who has consistently demeaned and disparaged members of the LGBTQIA+ community, hates #PrideMonth.
Pierce has made it clear that he supports the belief that Christians are obligated to “transform” our country into a Christian state where all aspects of society are controlled by Biblical principles. He publicly portrays himself as a spiritual warrior engaged in a battle between good and evil.
Pierce has expressed his commitment to the purportedly “Biblical belief” that marriage can only be between one man and one woman.

Because he believes God punishes nations for sexual immorality, Pierce believes it is his obligation to condemn members of the LGBTQIA+ community.
Pierce is disgusted by the very idea of “Pride Month,” and Pierce’s attacks against the LGBTQAI+ community continued throughout June.



Pierce has repeatedly attacked Reverend Felten for his support of the LGBTQIA+ community and was outraged when the United Methodist Church recently voted to adopt policies that were similarly based on acceptance and inclusion.

Pierce’s response was the following post stating: “The United Methodist Church is now run by demons…that happened years ago here at the (sic) Fountains United Methodists (sic) Church here in Fountain Hills. Progressivism is demonic and poison, straight from the pit of hell.”

Every member of this community should be concerned when a religious leader targets an “at risk” and marginalized community. It is easy to understand why any concerned community member would reach out to Reverend Felten for advice.
Pierce claims that if Mayor Dickey had a concern with his incendiary rhetoric she was ethically obligated to bring her concerns to him. If Mayor Dickey had approached Pierce, how would he have responded? In all probability, his response would have been similar to the sentiment he expressed in this post, published shortly after he learned of her conversation with Reverend Felten:
It is important to recall that Ginny Dickey, like all citizens, has First Amendment rights. She has the right to engage in conversations about matters of concern to her as an individual and as our mayor. Her conversation with David Felten did not violate his First Amendment rights.
📌Allen Skillicorn Did Violate the First Amendment

Since he took office 18 months ago Allen Skillicorn has repeatedly attacked Mayor Dickey. Given this history, it is not surprising that Skillicorn has joined the ROT chorus and accused the mayor of attempting to intimidate and deter Pierce from exercising his First Amendment rights. Although not surprising, this particular attack is ironic to those who are aware of Skillicorn’s history.
On December 6, 2022, Skillicorn took his seat as a newly elected member of the Fountain Hills Town Council. Shortly thereafter, Skillicorn anointed himself as the leader of the self-described “conservative” faction of the Town Council with the intent to make a “splash” by exercising their majority power to effect “change.” The strategy employed by the majority was viewed by many as unwarranted and ill-conceived.
During this period a resident published two letters to the editor of the Fountain Hills Times that were critical of Skillicorn and the other “conservative” members of the Fountain Hills Town Council.
In the first letter the resident observed: “It seems that our new council persons have a collective trigger finger.” The letter went on to describe the uninformed and disordered approach taken by the majority as: “Ready. Fire. Aim.” In the same letter, commenting on Skillicorn’s support of legislation that would result in the Town’s loss of millions in tax revenue, the resident suggested: “Let’s not lose more time and money due to his scattershot approach.”
In a subsequent letter, dated March 8, 2023, the resident commented on four Councilmembers’ refusal to consider the report of a committee tasked by the Town to evaluate the condition of the community’s streets as follows: “I can’t understand why our ‘ready, fire, aim’ council persons are disregarding the work of dedicated citizens.”
Weeks after the first letter was published in the Fountain Hills Times, Skillicorn filed reports with the Arizona Attorney General and the Maricopa County Sheriff’s Department (MCSO) claiming that in making these statements the resident had threatened him with violence or death. During the same period Skillicorn filed a police report against another resident based on a social media post suggesting that he could “go to Hell.”
Within days of receiving the complaints, the MCSO completed its investigation and determined that no threats had been made and no crime had been committed. But Skillicorn was not done with his effort to intimidate and deter.
In April, two months after the first letter to the editor was published, Skillicorn issued a press release captioned: “Fountain Hills City Councilman Allen Skillicorn calls for civility in light of death threats against him.” The press release states that the author of the letters to the editor had used “gun and threatening language” against him. The press release was submitted to various media outlets including the Fountain Hills Times.
Subsequently, one of the media outlets Skillicorn contacted published an article captioned: “Skillicorn says death threats have no place in the public square.” In that article the two residents were accused of making “not so subtle death threats.”
Skillicorn’s sole motivation in conducting this campaign of harassment was to intimidate and deter his critics. By filing reports with the MCSO, Skillicorn attempted to invoke the power of the state to silence them. Yet, no one objected.
📌How Does This End?
The recently filed ethics complaints are without merit and will fail. ROT and its supporters can be expected to continue and escalate their slime campaign.
This particular effort to embarrass and denigrate the mayor will end when the majority makes it clear to ROT and Skillicorn that we can distinguish a good faith effort to protect a targeted minority from harassment and a bad faith effort to silence the opposition.
NO, GINNY DICKEY AND PEGGY MCMAHON ARE NOT CONSPIRING WITH REPUBLIC SERVICES TO BRING ELECTRIC TRUCKS TO FOUNTAIN HILLS-
“GARBAGEGATE” LIKE “REFERENDUMGATE” IS ANOTHER OF ROT’S DARK FANTASIES
Another week and yet another false narrative circulating on social media generated by ROT and Allen Skillicorn, the tireless and increasingly tiresome agent of chaos. As a result, we must now focus our attention on garbage: the literal garbage we place in bins and roll out to our curbs every week and the figurative garbage generated by ROT and Skillicorn on roughly the same schedule.
“Garbagegate,” ROT’s latest attempt, through misinformation and innuendo, to manufacture controversy and sully reputations, has been circulating on social media and has now appeared as an article on the website formerly associated with Larry Meyers. This website, reportedly now under “new ownership” (enter Skillicorn), serves as a community archive of poorly written, fictitious “articles” and nonsensical opinions whose anonymous authors use pen names like: “Ely Skumin” and “Manny Mojito”. This piece of detritus, was authored by “Arthur Silot”, and is titled: “Followup (sic) to MCSO. It’s Garbagegate, What’s Next for the Dems”.
In examining this current controversy, we cannot help but reflect back to the summer of 2011, when many of the same players roundly criticized then, Councilmember Ginny Dickey, for spearheading the effort to convert Fountain Hills to a single-hauler community. Thirteen years later we have all benefited from this transition. With fewer trucks our streets are safer, quieter and sustaining less damage. Rather than acknowledge Mayor Dickey for her foresight and innovation the same vocal minority has decided to throw more garbage in her direction while also taking aim at Councilmember McMahon.
Upon examination, this controversy, like its immediate predecessors, “Referendumgate” and “MCSOgate”, is a dark fantasy based on another “big lie” propagated by Skillicorn and ROT.
In his “article”, Silot claimed that Councilmember Peggy McMahon and Mayor Ginny Dickey are conspiring with Republic Services to bring a fleet of electric trucks to Fountain Hills at taxpayer’s expense. It is suggested that the contributions made to their respective re-election campaigns by the Republic Services Employee PAC, is somehow tied to this “conspiracy” Silot also described as the “Green New Scam”.
MAYOR DICKEY AND COUNCILMEMBER MCMAHON DID NOT RECEIVE CAMPAIGN CONTRIBUTIONS FROM REPUBLIC SERVICES
As part of the latest smear campaign ROT and Skillicorn claim that Mayor Dickey and Councilmember McMahon received campaign contributions from Republic Services. Gayle Earle kickstarted the campaign during the Town Council Forum in June when, in violation of her commitment not to cast aspersions on other candidates, she questioned the integrity of Councilmember McMahon as follows:
“I have a question that is very concerning to me regarding transparency, integrity. Why is it that one council candidate received a significant amount of money from businesses (sic) that have a financial interest in our town and those businesses serve all of us up here and I just wonder why they wouldn’t’ support all of us or none of us. Again, why is it that only one of us was given a significant amount of money?”
At the conclusion of her statement, Earle glared at Councilmember McMahon, seated next to her, as she dramatically lowered the microphone to the table.
Earle’s carefully calculated breach of protocol caused many audience members to voice their objections. The disturbance was quickly quelled by the moderator but left many attendees asking themselves and others: “What was she talking about?”
Earle has repeatedly acknowledged that she is a political novice. But her inexperience does not excuse her ignorance. Earle apparently doesn’t know the difference between a corporate entity (Republic Services) and an employee funded Political Action Committee. The donations to the Dickey and McMahon campaigns, were made by the “Republic Services Inc Employees for Better Government PAC-Arizona Committee.”
The “Employees for Better Government PAC” is organized, managed and funded by the Arizona based employees of Republic Services and not their employer, Republic Services. The corporation, Republic Services, has a corporate political action committee that donates hundreds of thousands of dollars to support candidates, most of whom are Republican. In contrast, through March of this year the “Employees for Better Government PAC” collected a relatively modest $19,500. During this same period the entire amount collected was donated to six candidates for state and local office and one community organization: Invest in Phoenix.
The Employees for Better Government PAC is not a party to contract negotiations. Given the PAC’s announced mission, it seems likely that the donations were based on a belief that the re-election of Mayor Dickey and Councilmember McMahon would result in “better government” for Fountain Hills. Given the disfunction, resulting from the highly publicized ineptitude and antics of Councilmembers Friedel, Toth and Skillicorn, the PAC’s support of the two levelheaded, committed incumbents was clearly in the interest of “better government.”
MAYOR DICKEY AND COUNCILMEMBER MCMAHON ARE NOT CONSPIRING WITH REPUBLIC SERVICES TO BRING ELECTRIC TRUCKS TO FOUNTAIN HILLS
Last week, the claim that Mayor Dickey and Councilmember McMahon acted improperly by accepting campaign contributions from the “Employees for Better Government PAC” become even more ridiculous. It is now claimed that the contributions were made as part of a conspiracy to bring a fleet of electric trucks to Fountain Hills at taxpayer’s expense.
According to the inarticulate hit piece authored by Silot, Mayor Dickey and Councilmember McMahon “instigated” the idea of bringing electric trucks to Fountain Hills because they “want the electric trucks”. Silot also claims that a “secret meeting” was held with representatives of Republic Services to discuss bringing electric garbage trucks to Fountain Hills.
Although Silot refers to himself as an “investigative reporter” he was clearly not interested in the facts of the “secret meeting”. If he had been, he would have, like any principled investigate reporter, contacted Mayor Dickey or Councilmember McMahon. Mayor Dickey would have told him that she did not attend the meeting with representatives Republic Services. Similarly, Silot made no effort to contact Councilmember McMahon to determine the purpose of the meeting, why she attended and what was discussed. But we did.
The meeting was not “secret”, and it was not “instigated” by Mayor Dickey or Councilmember McMahon. According to Councilmember McMahon, each year the Town Manager, Rachel Goodwin, meets with representatives of Republic Services to discuss any concerns that had come to her attention regarding the services provided under its trash hauling contract with the Town. Councilmember McMahon expressed an interest in attending the meeting to discuss the feasibility of drop-boxes (where residents could deposit used light bulbs and batteries for specialized disposal or recycling) with the Republic Services representatives.
During the meeting, Michael Celaya, a District Manager for Republic Services, did discuss the company’s long-range plan to convert its fleet to electric trucks. According to a press release issued in February of 2023, Republic Services aspires to replace 50% of its current fleet of 17,000 diesel fueled trucks with integrated electric trucks by 2028. At the time the press release was issued, Republic was planning to introduce two prototypes of the vehicles (equipped to accept both trash and recycling) to its Phoenix routes that fall.
According to Councilmember McMahon, Mr. Celaya is an enthusiastic proponent of the integrated trucks, but the discussion was conceptual and prospective in nature. Councilmember McMahon recalls the town manager raising concerns about the cost of replacing diesel vehicles with electric vehicles and Mr. Celeya acknowledging that the conversion would be expensive. There was no discussion of introducing electric trucks to the small fleet currently servicing Fountain Hills. There was a discussion of the drop-box program Councilmember McMahon was interested in.
Following the meeting Councilmember McMahon sent an email to the representatives of Republic Services who had attended the meeting. This email provided:
“It was nice seeing you and I thank you for coming out to Fountain Hills to discuss the services Republic provides in our town and providing more opportunities for our town to be environmentally friendly.”
“The fully integrated electric recycle and waste pick up trucks sound great because they will be less damaging to our streets and more environmentally friendly. Please let us know the time frame and cost to have these in our community when this information becomes available.”
“Also, the disposal of small used batteries and lightbulb drop boxes would be a great incentive for our community to be more involved in proper waste disposal. I hope we can formulate a workable plan to make this happen.”
Councilmember McMahon made no commitment on behalf of herself or the Town to support or participate in any electric vehicle “roll out”. The vehicles currently in service in Phoenix and other locations are prototypes. Following the meeting, Councilmember McMahon expressed an interest in learning more about this evolving technology of waste disposal and recycling.
In the future Republic Services will make the determination of when and where to introduce electric trucks. If the conversion would result in higher rates, it will be up to the Town Council to decide if it is in the interest of our community to continue its contract with Republic Services based on a cost benefit analysis. But that isn’t happening any time soon.
Like so many of the controversies fueled by Skillicorn and ROT “Garbagegate” is a molehill it is intent on turning into a mountain. The only conspiracy here, is the one Skillicorn and ROT continue to orchestrate, with the goal of creating a political environment that is as toxic as the diesel smoke billowing from the trucks Republic Services hopes someday to replace.
Referendum Litigation Update: Final Judgment Is Entered


Rot Is Ordered to Pay Defendents’ Costs, But Continues to Repeat the “Big Lie”
On July 9, 2024, the Honorable Frank Moskowitz entered the final judgment in the action: Reclaim Our Town and Crystal Cavanaugh v. Ginny Dickey, et al.
In the Final Judgment, Judge Moskowitz denied all the relief requested by ROT in its Complaint “for the reasons set forth in Defendants’ Closing Statements and Closing Arguments.”
For months, we have reported the facts and the legal principles law that would determine the outcome: ROT would lose. In response to our reporting Cavanaugh responded only with taunting posts on social media and repeatedly accused us of lying. Cavanaugh repeatedly refused to identify the lies, saying said she would do so only after the litigation was concluded. ROT has 30 days to file an appeal. There are no valid grounds for filing an appeal. On August 9, will Cavanaugh fulfill her commitment and identify the “lies”? Not likely.
The court’s order has established that from the time the town clerk refused to accept the defective signature pages, it is Cavanaugh and Larry Meyers who have been lying. In paragraph 7 of the Final Judgment the Court wrote: “For all the reasons set forth in the Merits Decision (and the Defendants’ respective written closing statements), this Court enters final judgment for the Defendants and against Plaintiffs on every claim in the Complaint. (emphasis added)
In the Final Judgment the court found that ROT’s claim that Linda Mendenhall, the Town Clerk, provided Meyers with an erroneously numbered petition sheet was a “complete fabrication.” In light of the court’s findings, it is incredible that, even after the Final Judgment was entered, Cavanaugh continues to repeat the “big lie.” In response to the Fountain Hills Times’ request for a comment on the Final Judgment, Cavanaugh offered a slightly modified version of the “big lie” as follows: “Larry Meyers, treasurer, was provided a flawed signature petition form by the town clerk that contained a tiny, pre-printed number on the backside that resembled a form number.” (emphasis added)
Cavanaugh and Meyers have no shame. Rather than finally admit to their own negligence and accept the judgment, they continue to blame the Town Clerk for the Referendum’s failure by reframing the “big lie.” The lie, as recently restated by Cavanaugh, is even more absurd than those offered by Cavanaugh and Meyers in the past.
Cavanaugh is now claiming that ROT did not print the correct petition number (REF2024-01) on the back side of the form because they believed that a 10-digit number (REF2019-01) the petition number assigned to the Daybreak Referendum, was a “form number” – a number assigned to a particular type of official form by the Secretary of State.
The “big lie” has evolved over time. In her initial report to ROT’s supporters, Cavanaugh offered the following version: “The Town gave us a form with a pre-printed tiny number on the notary page that went undetected by the team.” (emphasis added)
In his Sworn Declaration, submitted to the Court on March 24, Meyers provided another version: “On the back of the petition sheet provided by Town Clerk Mendenhall, Exhibit 1, the space in the lower right-hand corner was filled in with “REF2019-01” and there was no space for the applicant to place its petition number.” (Meyer’s Sworn Declaration, paragraph 4, emphasis added.)
It is now clear that Cavanaugh and Meyers will never acknowledge, let alone apologize, for the fact that their negligence was the direct cause of the Referendum’s failure. The only good news arising out of this debacle is that ROT has been ordered to pay the Defendants just under $4,200 in costs for pursuing this frivolous litigation.
It is not clear where this money will come from.
According to ROT’s First Quarter Campaign Finance Statement Cavanaugh’s companion, Tim Maas, loaned $7,500 to the PAC; this loan corresponds with the amount paid to ROT’s lawyers. It is likely that additional fees have been incurred since that statement was filed.
Hopefully, ROT will not attempt to repay the “loan” or pay additional fees incurred with the money donated by residents under the mistaken belief that they were being told the truth.
Fountain Hills Chamber of Commerce 2024 Legislative Report –
Fountain Hills Town Council Candidate Scorecard
ROT-SUPPORTED CANDIDATES ARE AT THE BOTTOM OF THE CLASS
The Fountain Hills Chamber of Commerce has published its 2024 Legislative Report setting out its “letter grade assessments” of the candidates for Mayor and Town Council. The report is the culmination of an extensive inquiry into each candidate’s qualifications. We have provided a link to the comprehensive report at the end of this post.
We were gratified to see that the Chamber Board of Directors awarded the highest marks to the four Town Council candidates who have made it clear that they will not engage in the ugly, hyper-partisan culture war being waged by Councilmembers Toth and Skillicorn and supported by Councilmember Friedel.
Our Dysfuntional Town Council
Our current Town Council is the most dysfunctional in our history due primarily to Councilmember Skillicorn’s grandstanding and his deliberate efforts to create chaos and divide our community. In the past 18 months Skillicorn has been more than an embarrassment. He has been a disaster, causing untold damage to the once stellar reputation of our Town. But Skillicorn is not the only contributor to the dysfunction.
Councilmember Friedel has attacked Councilmember Grzybowski and one of his constituents in an obvious attempt to impress his ROT constituency. Friedel has supported Skillicorn by voting in favor of even his most ridiculous and damaging proposals and by refusing to sanction him for his assault on a Town employee. Recently, in his campaign literature, Friedel has asserted baseless claims of misfeasance and malfeasance against our mayor.
Councilmember Toth has also entered the fray by making an unfounded ethics complaint against Councilmember Kalivianakis ,who she has repeatedly attacked on social media. Toth has also engaged in a social media feud with Skillicorn. He accused her of lying and she scolded him for being childish.
This dysfunction is not only embarrassing, it is harmful. There is work to be done by our Town Council. That work can be done only if a majority of the councilmembers are committed to and capable of calmly and collaboratively conducting the business of running our town.
The “Top of the Class” candidates identified by the Chamber’s Board are both committed to and capable of bringing an end to the chaos and dysfunction.
THE TOP OF THE CLASS CANDIDATES:
Art Tolis received an A+ from the Chamber Board. It is not surprising that representatives of the Fountain Hills business community would enthusiastically support Tolis: he is a successful businessman, an avid supporter of local business, and has prior Town Council experience. However, the responses to the Candidates’ written responses were blind – the Chamber Board graded these responses without knowing the identity of the candidate who submitted them.
On social media Tolis has been treated harshly by Friedel supporters angered by his support of Joe Arpaio’s candidacy.
Friedel’s supporters have also questioned Tolis’ judgment by referring back to 2017 when, as a councilmember, he spearheaded the drive to add a five-acre swimming lagoon, beach, and boathouse to Fountain Park. Fortunately, the plan did not make it off the drawing board. If this had not been the case, the result would have been an ecological, aesthetic, and economic disaster.
Tolis has been criticized for his support of former Sheriff Joe Arpaio and accused of engaging in a conspiracy with “the other side” to split the vote to secure Mayor Dickey’s reelection. Although the suggestion of a conspiracy is patently absurd, we were also concerned by the fact that Tolis linked his candidacy to Arpaio, but for different reasons.
Apart from his age and inexperience with local government Arpaio is not a viable candidate for mayor. Arpaio’s refusal to recognize or respect any authority other than his own has cost the taxpayers of Maricopa County more than $300 million. Arpaio has repeatedly boasted that he “would do it all over again.” Arpaio’s past and ongoing association with far-right extremists, including white supremacists, is a matter of grave concern.
It is, or should be, apparent that Arpaio has no real interest in being the mayor of Fountain Hills. Arpaio wants to relive his experience as a sheriff and envisions himself leading a volunteer posse through our streets. We don’t need a sheriff – we need a mayor.
Tolis has justified his support of Arpaio by referring to the former sheriff’s name recognition and popularity with millions. Tolis imagines a future where tourists will be drawn to Fountain Hills because of our fountain and Fountain Park, the Dark Skies Discovery Center, and because Joe Arpaio is our mayor. The skeptics among us question that vision and believe that Arpaio has as many detractors as he does supporters. Arpaio is and always will be a loose cannon and a lightning rod – undesirable characteristics for a small-town mayor.
Based on his past support of the lagoon project and his current support of Arpaio, #FlourishFountainHills would have awarded Tolis a B.
Clayton Corey was awarded an A by the Chamber Board, a remarkable accomplishment for a first-time candidate for public office. Eight years ago, when he relocated to Fountain Hills, Corey dedicated himself to learning everything he could about our community, and it shows.
For the past five years Corey has dedicated himself to serving our community as a member of the Planning & Zoning Commission and more recently, the Sanitary District. He has proven to be a knowledgeable and influential member of both.
Corey is a strategic thinker, as demonstrated by his responses to the complex and multilayered questions posed by the Chamber Board to the candidates, but he is also capable of thinking outside of the box. In addition, Corey is openminded, engaging, and unflappable. Corey clearly earned his A.
Peggy McMahon was awarded an A– by the Chamber Board. A review of her written responses to the questions presented to the candidates supports the Board’s determination that she belongs at the top of the class. Every one of McMahon’s responses was informed and thoughtful. Her vision for our town’s future was clearly and articulately presented.
McMahon’s commitment to our community is also clear. During the past 18 months she has been targeted for abuse by those who want to stop all development and turn Fountain Hills into a giant, gated enclave reserved for people who are just like them. Given the ferocity and unfairness of these attacks it is a testament to McMahon’s tenacity that she decided to seek reelection. We are fortunate that she did.
Henry Male was awarded a B+ by the Chamber Board. Male is a newcomer to politics but not to public service. Male has lived in Fountain Hills for more than two decades and during that time has served as the president of the Fountain Hills Theatre Board and been actively engaged in local and international public service projects.
Male promises to bring a fresh but seasoned perspective to the Town Council. He has no interest in the mean-spirited, contentious backbiting engaged in by some of the current councilmembers. Male is extroverted, affable, and open minded and has, through his responses to the questions posed during the Candidate Forum and by the Chamber Board, demonstrated that he understands the issues and is qualified to serve as a member of the Town Council.
THE BOTTOM OF THE CLASS
Robert Wallace was given a grade of B- by the Chamber Board. On its face, the grade was not unreasonable given Wallace’s responses to the written questions, which were both reflective and quirky. During the Candidate Forum, Wallace presented himself as inexperienced, self-effacing, and sincere. Wallace readily conceded that he has no experience with local government but expressed his eagerness to participate and serve as the voice for a younger demographic. It is likely that during the in-person interview the Chamber Board found Wallace’s candor and lack of pretense refreshing.
But there is a dark side to Robert Wallace that we believe disqualifies him from holding public office.
Wallace prides himself for being a Chapter Leader for the organization Gays Against Groomers. An organization described by the Southern Poverty Law Center as “a chapter-based organization that amplifies dehumanizing anti-trans rhetoric, perpetuates anti-LGBTQ+ stereotypes by falsely claiming that LGBTQ+ supporters of trans rights are dangerous to society – including equating gender-affirming health with pedophilia and calling trans people a ‘blood thirsty terrorist cult.’”
Wallace’s social media is revealing:
Based on his leadership position with Gays against Groomers and his very troubling social media posts, some of which are shown above, Wallace holds beliefs that are antithetical to our core principles. For this reason, Flourish gives Robert Wallace the grade of F.
Rick Watts, a ROT-supported candidate, received a B- from the Chamber Board. From a distance, Watts looks like a viable candidate. He has been a resident of Fountain Hills for more than 35 years and based on his candidate bio, has experience as a business owner and contractor. Watts also reports that he has an “in-depth understanding of finances.” Of the three ROT-supported candidates, Watts received the highest grade.
But we have concerns about Watts that are unrelated to the fact that ROT supports him. It appears that Watts is both a prima donna and a hothead.
At the time it awarded Watts a B- the Chamber Board may not have been aware of his contentious presentation and inexplicable outburst during the June 18 Town Council meeting.
As background, it should be noted that Watts is a current member of the Planning and Zoning Commission and considers himself to be well versed, if not an expert, in issues relating to 5G and its potential adverse effects on health. It appears that prior to the meeting Watts was frustrated by the Town Council’s failure to provide P&Z with a document prepared by an outside attorney, who had been retained by the Council based on his expertise in 5G regulation.
During the Call to the Public, Watts contended that P&Z had been denied the opportunity to review this document, which it purportedly needed to prepare what he described as a “comprehensive ordinance that addresses the safety, health and well-being of town residents.” During his presentation Watts accused the Council of misdirection, stalling, and concealing information from P&Z.
Watts went on to lambast Councilmember Kalivianakis for a statement she made at the June 4, 2024, Town Council meeting. During that meeting, in an apparent attempt to explain her view of the respective roles and responsibilities of advisory commissions and the Town Council, Kalivianakis said:
“The Planning and Zoning Commission is not made of telecommunications experts. They are farmers. They are butchers. They are people of the town.”
Councilmember Kalivianakis subsequently apologized to any members of the P&Z who may have found her reference to “farmers and butchers” disrespectful or demeaning.
Watts was not, however, prepared to accept the apology and move on. He needed to vent. During a sternly delivered three-minute lecture, Watts made it clear that he was deeply offended that he, as a member of P&Z, had been compared to “farmers” and “butchers.” Watts dramatically concluded: “I can accept the Council’s direction but not its insults.”
Later, in response to Councilmember Kalivianakis’ explanation Watts jumped up from his seat, turned his back on the Council and as he moved to the back of the chamber was overheard saying: “bullshit.”
Watts’ reaction was totally disproportionate to the perceived slight, and his subsequent outburst was inexcusable. After witnessing this bizarre behavior voters must ask themselves how Watts would react to a constituent’s direct criticism of his performance?
The last thing we need is another self-important and volatile councilmember. Based on our concerns about Watts’ temperament, Flourish would give Watts a grade of C-.
Mathew Corrigan, the second ROT-endorsed candidate, received a grade of C from the Chamber Board. We know relatively little about Corrigan. He attends Town Council meetings and sometimes shares his thoughts and opinions during Calls to the Public and Public Hearings. According to his candidate bio, Corrigan has also offered his thoughts and opinions in letters to the editor of the Fountain Hills Times. As a result of this involvement Corrigan reports that he was urged by other residents to run for the Town Council.
We found Corrigan’s responses to questions posed during the Candidate Forum and his written responses to the questions published in the Chamber’s Legislative Report to be both unimaginative and uninspiring. Corrigan has no experience as a volunteer in our community and has not served as a member of any commission or committee. This lack of community engagement is unusual for candidates for the Town Council. For these reasons Flourish would give Corrigan a grade of C-.
Gayle Earle, the third ROT-endorsed candidate, received a grade of C- from the Chamber Board, the lowest score of any of the candidates for mayor or Town Council.
Earle’s responses to the questions posed during the Candidate Forum and her answers to the written questions in the Legislative Report were peppered with promises to be the “voice of the people” and preserve “our desert oasis.”
According to her candidate bio, Earle’s status as a long-time resident and business owner qualifies her to serve as a member of the Town Council. Earle has no relevant experience as a community volunteer.
Our overriding concern with Earle’s candidacy is not her lack of experience, but her unabashed allegiance to ROT and Allen Skillicorn.
When Earle announced her candidacy, she posed for a photo with Skillicorn. In Skillicorn’s social media post, commemorating the event, a beaming Earle is shown sitting next to Skillicorn over the caption: “I love it when a plan comes together.”
During a campaign speech delivered to the Rio Verde Republican Women’s Club, Earle spoke glowingly of ROT and referred to Skillicorn as Fountain Hills’ “boldest councilmember.” Earle went on to describe the hearing that resulted in the imposition of sanctions against Skillicorn as a “public lynching.”
Another concern with Earle’s candidacy is her son, Chris and daughter-in-law, Ashley. Chris and Ashley, who live in Scottsdale, are frequent attendees at Town Council meetings. Ashley has frequently offered her “opinions” during Calls to the Public and both have been actively engaged in town politics.
Both Chris and Ashley, are intent on stirring up controversy and creating division. Recently, Chris has made false claims of “stalking” and “doxing” against residents he believes to be his mother’s political opponents. It appears that he has also participated in creating fake duplicate Facebook pages where he has attacked and attempted to embarrass the Mayor and other residents who he has falsely accused of being “left wing extremists” and members of “hate groups”.
Ashley has a leadership position with Moms for Liberty and supports the infamous January 6th QAnon Shaman, Jacob Chansley. Ashley is shown proudly displaying her “We the People” tattoo on her right forearm. “We the People” is a slogan adopted by the white supremacist group, “Patriot Front” dedicated to “preserving” America’s identity as a “Pan-European nation”. Chris and Ashley refer to themselves and their children as “The Patriot Family”.
Gayle Earle’s election to the Town Council will be viewed by Chris and Ashley as a sign that voters approve of their efforts to escalate the culture wars. Our Town Council does not need another disruptor or another Skillicorn supporter. Flourish gives Gayle Earle the grade of D.
In conclusion, it is our fervent hope that the residents of Fountain Hills recognize the importance of this election. Skillicorn, Toth, and Friedel are intent on taking us down a treacherous path that will stigmatize and further divide our community. In this election we need to vote as if the future of Fountain Hills depended on the results, because it does.
Link to Legislative Report
Full report: https://publuu.com/flip-book/12824/1271423/page/36
A Flailing Friedel Enlists an Ally to Buttress His False Claims About the MCSO Contract
A candidate who feels compelled to enlist a spokesperson to reinforce his false campaign claims is in serious trouble. Gerry Friedel must believe that his campaign is on the rocks as evidenced by his recent ploy of trotting out his old buddy, David Spelich, to buttress his false claims about Mayor Dickey and the Maricopa County Sheriff’s Office (MCSO) contract.
Spelich was not up to the task.
During an eight-minute disjointed dissertation, Spelich condescendingly explained:
• Why the MCSO contract is and always has been “bad”;
• Why Mayor Dickey is solely responsible for the flaws in the contract and MCSO’s alleged failure to abide by its terms; and
• Why Gerry Friedel is the only one with the skills and insight necessary to fix this mess.
Spelich then incongruously ended his star turn by looking sternly into the camera and by offering the following sage advice: “Here’s a suggestion, stop trying to turn the Avenue of the Fountains into Rodeo Drive.”
During his cameo performance on “Friedel Friday” Spelich repeated his friend’s false claims that the MCSO owes millions to Fountain Hills and that Fountain Hills is paying for MCSO to police Rio Verde, Tonto Verde, and other areas outside of the Town limits.
Significantly, Spelich failed to acknowledge that:
• The mayor has no executive power to unilaterally enter into a contract for police services with the County or resolve disputes arising out of that contract.
• All of the contracts with the County to provide police services through the MCSO were approved by a majority of the Town Council, and Mayor Dickey was only one member of the negotiating team.
• The settlement of the claim against the County, based primarily on personnel vacancies, was approved by the Town Council. That claim, which only Spelich and Friedel valued at between $1 million and $3 million, was resolved for $722,000 – not $600,000 as Spelich claims.
• The Town Council adopted many of the recommendations made by Matrix Consulting, the firm retained in 2022, to provide an outside expert review of the MCSO contract. Matrix recommended that Fountain Hills continue its contract with the County and rely on MCSO to provide police services. At the time, then Councilmember Spelich described the Matrix recommendations as “spot on,” acknowledging that the citizens didn’t have the appetite to pay the costs of a stand-alone police force.
• Consistent with the recommendations made by Matrix, the current contract incorporates provisions expressly intended to ensure that Fountain Hills does not pay to police areas outside of its boundaries.
• Fountain Hills pays less “per capita” for police services than almost every other town or city in the East Valley. Only Cave Creek pays less.
• The current contract, unanimously approved by the Town Council last year, will not expire until 2029. To renegotiate the contract the Town would need to advise the MCSO of an intent to terminate without cause 12 months prior to the termination date or provide notice of a breach of the contract, which would result in automatic termination if the breach is not cured within 90 days.
Spelich provides no support for his assertion that Friedel has the ability to “think outside the box” or the skill to spearhead an effort to create a independent police force, a transition that would likely cost more than $10 million the first year. During his nearly four-year tenure on the Town Council Friedel has offered no constructive, concrete suggestions as to how the current contract could be improved or even outlined a plan for transitioning to a stand-alone police force.
It is apparent that Friedel’s current “dissatisfaction” with the MCSO contract is motivated by his desire to disparage and embarrass Mayor Dickey on the threshold of an election. An election that Friedel is intent on winning at any cost, even if it involves deception, fueling unfounded rumors, and violating the Code of Ethics he agreed to uphold when he took office.
It is not a coincidence that Friedel waited until the Candidate Forum to assert his claim that Fountain Hills is currently paying for the MCSO to police Rio Verde and Tonto Verde. There is no indication that Friedel has requested a report from MCSO or even spoken with Captain Kratzer to substantiate his claim before it was asserted at the Forum. To date, Friedel has only been able to substantiate his claim by reference to emails and anecdotal reports.
During the Forum, Friedel stated:
“This contract’s got to be looked at and reworked…We’re not getting what we’re paying for… That’s got to change. All these different towns, why are we the only ones getting a bill for this? It’s got to change, and it’s got to be written.”
Friedel has yet to acknowledge the fact that the limitation he described is written into the current contract, which provides:
“Staff will be assigned to the Town on a full-time basis and will work within the Town limits unless required to cross jurisdiction boundaries for pursuits, on-going investigation of town cases or other temporary law enforcement emergency situations including responding to requests for assistance from other officers in surrounding jurisdictions in emergency or dangerous situations.” (emphasis added)
During his defense of Friedel, Spelich doubled down on Friedel’s ongoing deception by implying that Fountain Hills is paying for two deputies who are currently assigned by MCSO to patrol Rio Verde and Tonto Verde. Spelich also claimed that MCSO is dispatching deputies to calls outside of the town boundaries “almost daily.” Spelich, like Friedel, apparently made no effort to verify this claim by contacting Captain Kratzer or submitting a Records Request to MCSO.
If, as Friedel and Spelich claim, officers assigned to Fountain Hills are “dispatched almost daily” for calls that do not fall within the exceptions, the County is in breach of the contract, and the Town is entitled to pursue its remedies that would include reimbursement or termination.
The fact that Spelich scoffed at the suggestion that Fountain Hills would be entitled to pursue a breach of contract claim against the County (if what he reported were true) is telling. Either Spelich knows that Fountain Hills is not paying to police areas outside of its boundaries in violation of the contract or he does not understand how contracts work.
There is no indication that Spelich ever held a job in law enforcement that involved the negotiation, review, or administration of service contracts. Given the nature of his past employment Spelich could clearly hold himself out as having expertise in investigations and interrogation, but not intergovernmental service contracts.
The current MCSO contract was approved by the Town Council in 2023. The initial contract term expires on June 30, 2026, and is subject to one (1) three-year automatic renewal. Unless terminated, the contract will continue through June 30, 2029. Councilmember Friedel voted in favor of the contract.
If Councilmember Friedel were legitimately concerned that patrol officers assigned to Fountain Hills are being called upon to police areas outside of the Town limits that do not involve “mutual aid” (like responding to a recent homicide in Rio Verde), he would have requested a report from MCSO or, at a minimum, reached out to Captain Kratzer. Friedel’s apparent failure to seek verification confirms that his only interest in making the unfounded claim that Fountain Hills is paying to police Tonto Verde and Rio Verde is to embarrass his political opponent. Not surprising, given the other dirty campaign techniques he has employed, but certainly not ethical.
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.” Under the subsection to Section 8.4 captioned “Public Confidence” Allen Skillicorn and other Councilmembers are obligated to:
Engage in constructive conversations and debates that encourage the exchange of ideas while avoiding personal attacks or derogatory language.
Refrain from making verbal attacks upon the character or motives of other members of the Council, Boards, Commissions, the staff, or the public.
Refrain from making disparaging remarks about the other members of the Council, Boards, Commissions, the staff, or the public.
Section 8.6 of the Code incorporates the following relevant provisions:
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 of which is otherwise unbefitting a public official.
Friedel’s conduct throughout this campaign has fallen short of the standards articulated in the Code of Ethics. He has repeatedly and falsely accused Mayor Dickey of misfeasance and malfeasance.
Near the conclusion of his video performance Spelich suggested that Mayor Dickey’s alleged mismanagement of the contractual relationship with MCSO could be attributed to the fact that Sheriffs Penzone and Skinner were registered Democrats. This ridiculous and offensive accusation may not have been made directly by Friedel, but it didn’t end up on the cutting room floor.
They should both be ashamed.
FOUNTAIN HILLS CHAMBER OF COMMERCE 2024 LEGISLATIVE REPORT
FOUNTAIN HILLS MAYORAL RACE – THE RESULTS ARE IN: MAYOR DICKEY EXCELS; CHAMBER BOARD IS UNDERWHELMED BY ARPAIO AND FRIEDEL
Over the course of May through June, the Fountain Hills Chamber of Commerce invited candidates for Mayor and Town Council to participate in a questionnaire and interview process to both enable candidates to provide greater insight of themselves, their ideologies, and their visions while offering voters deeper context with which to consider those looking to serve #FountainHills. The process culminates in a published “Legislative Report” providing the Chamber Board’s evaluation of the candidates. The extremely detailed report is accessible via the link below.
The Process
The Chamber of Commerce Board of Directors, a volunteer group of advocates for Fountain Hills consisting of business owners, entrepreneurs, nonprofit leaders and community volunteers, compiled letter grades based on three graded components: blind survey scores (written responses to seven questions posed to candidates, assessed without knowledge of the candidate and with answers scored anonymously), 65%; board interview scores, 17.5%; and candidate element scores, 17.5%. A “linear transformation curve” was then used to compile letter grades for each candidate based on their weighted scores.
The Mayoral Race: Highlights
Mayor Ginny Dickey seeking reelection excelled, earning an overall “A” grade, and commendations for:
- Most Favorable Board Interview
- Most Favorable in Written Survey, and
- Most Favorable Candidate Elements
Mayor Dickey’s responses to the written questions submitted by the Chamber show the depth of her understanding of the Town’s challenges and opportunities.
For example, in discussing future development, Mayor Dickey wrote:
“My hope is to overcome the broad-brush negativity associated with growth. Always one to preserve views and neighborhood integrity, I have long recognized, though, there is need for careful ‘smart’ development, as without more competitive housing and zoning changes for different levels of commercial use, we may not progress.”
Mayoral candidate Gerry Friedel, supported by ROT, was awarded a “C” by the Chamber Board, which must have come as a shock to him given his frequently touted ties to the Fountain Hills business community. After all, you can see him standing in the front row at every ribbon-cutting ceremony.
It may be that the “C” awarded by the Chamber’s Board stems from Friedel’s inability to articulate a vision for the future of Fountain Hills, a topic of primary importance to the business community. This lack of vision is demonstrated by Friedel’s response to the same question posed to Mayor Dickey:
“My vision for our town’s population is a definite need for growth which will help our sustainably (sic). We need more heads in beds as they say.”
#FlourishFountainHills would award Friedel a “D” based not only on his lack of vision and leadership skills, but also on his failure to support the School Bond, his lack of integrity, and his racist, sexist, and bigoted social media posts.
Mayoral candidate Joe Arpaio, endorsed by ROT in 2022, was graded a “C” by the Chamber Board.
Like Friedel, Arpaio was unable to articulate a vision for the future of Fountain Hills, as illustrated by the following written response to the same question posed to Mayor Dickey and Councilmember Friedel: “Anything that doesn’t grow, dies. Our age demographic and housing prices make it a reality that we can only grow so much…Also, we need more babies who will live and grow in the community.”
Flourish Fountain Hills would award Arpaio a “D” based, in part, on his lack of experience in local government, his hubris in continuing to brag about decisions he made as sheriff that resulted in a $317,000,000 loss to taxpayers, his announced desire to bring a posse to Fountain Hills, and his attendance and speech at an AFPAC white nationalist conference.
Flourish Fountain Hills thanks the Fountain Hills Chamber of Commerce for its time and commitment in providing this valuable service and thorough assessment and report. We also thank all candidates for participating in the process.
Full report: https://publuu.com/flip-book/12824/1271423/page/36
Last Day to Register to Vote: July 1, 2024 @ 11:59 p.m.
Early Voting Begins: July 3, 2024
Last Day to Mail Your Early Ballot (suggested date): July 22, 2024
ELECTION DAY: July 30, 2024
FOUNTAIN HILLS IS NOT PAYING TO POLICE RIO VERDE & TONTO VERDE
You can tell that election season is in full swing by the number and frequency of incendiary rumors in circulation. Many of these rumors are attributable to #GerryFriedel, the man who aspires to be our mayor and should be striving to earn our trust. Instead, he is following the ROT playbook by conducting one of the dirtiest mayoral campaigns in #FountainHills history.
During the next 10 days we will be looking at the rumor mongering that Friedel thrives on.
The Rumor
The Town of Fountain Hills pays #MCSO to police all of the unincorporated areas of District 7.
The Reality
The Town of Fountain Hills DOES NOT pay MCSO to police the unincorporated areas of District 7.
The patrol officers assigned to Fountain Hills are required to stay within the Town limits unless they are engaged in active pursuit, involved in an investigation of an incident involving the Town, or called upon to provide mutual aid in response to an emergency or dangerous situation outside of the Town’s boundaries.
Friedel has a copy of the contract with MCSO, voted to approve it, but apparently never read it.
Councilmember Friedel has seen the crazy rumor circulating online, most prominently on “Fountain Hills Connection,” that the taxpayers of Fountain Hills pay for the MCSO to police all of the unincorporated areas of District 7 — an area that encompasses the communities of Rio Verde, Tonto Verde, and Goldfield Ranch.
We can thank Gerry Friedel for the resurgence of this ridiculous rumor.
During the Mayoral Candidate Forum the three candidates were asked to address the contract between the Town of Fountain Hills and the Maricopa County Sheriff’s Office as follows:
Question number two: Fountain Hills is one of the safest communities in Arizona and is served by the Maricopa County Sheriff’s Office. In October of 2023, the town council approved an intergovernmental agreement with MCSO extending law enforcement services through June of 2026. The contract has a base value of $6.1 million, provides 18 personnel, as well as necessary supplies, equipment, and vehicles. Do you think this is a good deal? Does this contract adequately serve the needs of Fountain Hills and what changes, if any, would you negotiate in future contracts?
Mayor #GinnyDickey was called upon as the first to respond to the question. Mayor Dickey began by expressing her belief that the contract was a good deal for the Town. She went on to discuss the negotiations; the recovery of just under a million dollars from the MCSO following audits of the service provided under prior contracts; and some of the compromises that had been made during the negotiation process.
During her presentation, Mayor Dickey briefly addressed the ongoing rumor that Fountain Hills pays for the police services provided by the MCSO to unincorporated communities outside of the Town’s boundaries, including Rio Verde and Tonto Verde. Mayor Dickey assured the attendees that Fountain Hills does not pay MCSO to police Rio Verde or any unincorporated areas of Maricopa County.
The question was then posed to Councilmember Friedel who responded, in part, as follows:
“This contract’s got to be looked at and reworked…. We’re not getting what we’re paying for…. I have two emails that I’ve gotten that confirm the fact that we’re still covering Rio Verde and Tonto Verde. They’re taking people from our force, our protection, and they’re going up there to handle calls…. They said they were going to give us a deputy to patrol Rio Verde and Tonto Verde or Goldfield Ranch…. That’s got to change. All these different towns, why are we the only ones getting a bill for this? It’s got to change, and it’s got to be written.”
So here we are. Who to believe?
Our mayor said that Fountain Hills is not paying to police communities outside of the Town’s boundaries.
Friedel said the deputies assigned to Fountain Hills are “still covering” Rio Verde and Tonto Verde and Fountain Hills was “getting the bill.”
One would hope that before making this representation Councilmember Friedel would have reviewed the contract between the Town and Maricopa County. Under the terms of the contract:
• MCSO is obligated to provide law enforcement services within the incorporated limits of Fountain Hills.
• MCSO is obligated to assign 18 patrol deputies to Fountain Hills on a full-time basis. These patrol officers are required to work within the Town’s boundaries unless they are required to “cross jurisdictional boundaries for pursuits, ongoing investigations of Town cases, or other temporary law enforcement situations including responding to requests for assistance from other officers in surrounding jurisdictions in emergency or dangerous situations.”
If a patrol officer assigned to Fountain Hills crossed town boundaries to provide police services in Rio Verde or Tonto Verde that did not involve an emergency or dangerous situation he would be subject to discipline and the MCSO would be in breach of its contract.
The provision in the MCSO contract requiring the assigned officers to respond to emergency calls for assistance in surrounding jurisdictions is equivalent to a “Mutual Aid Agreement”— an agreement by first responders, when called upon, to cross jurisdictional boundaries to provide assistance in the event of an emergency. Mutual aid, whether provided on an ad hoc basis or by virtue of a formal agreement, is essential to public safety.
Police and fire departments rely on one another to provide necessary assistance to protect people or property. The Fountain Hills Fire Department has been called upon to provide assistance to neighboring fire districts.
Is Friedel suggesting that patrol officers assigned to Fountain Hills refuse to respond to a request for assistance involving a fatal collision on Highway 87 because it would take them outside Town’s boundaries?
Does Friedel believe that the Fountain Hills Fire Department should refuse to respond to a call for assistance from the Fort McDowell Yavapai Nation Fire Department to put out a brush fire on the Reservation?
If Councilmember Friedel is legitimately concerned that patrol officers assigned to Fountain Hills are being called upon to provide services outside of the Town limits that do not involve “mutual aid” he should, at a minimum, obtain relevant information before feeding the rumor mill.
Under the terms of the contract, the town council or town manager could ask the MCSO to provide a report describing all incidents where patrol officers, assigned to Fountain Hills, provided police services outside of the Town’s boundaries.
Friedel didn’t bother to seek detailed official information before fueling the flames. Rather, he relied on two emails to gain political capital and throw some mud at the mayor.
We have filed a records request seeking copies of the emails Friedel referred to and will supplement this report after they are received.
The residents of Rio Verde, Tonto Verde, and Goldfield Ranch pay for police services through their property taxes.
Contrary to the rumor, the residents of the unincorporated areas of District 7 do pay for police services. The MCSO is required to provide police services to all the unincorporated areas of Maricopa County. The County recovers the cost of providing these services through the assessment and collection of property taxes from the property owners in these areas.
Cities and Towns that are incorporated, like Fountain Hills, must either form their own police departments or contract for those services. Since 2003, Fountain Hills has entered into contracts with Maricopa County to provide police services through the MCSO
The MCSO has specifically assigned a deputy to cover the unincorporated communities in District 7.
During the Forum Friedel also stated: “[MCSO] said they were going to give us a deputy to patrol Rio Verde and Tonto Verde or Goldfield Ranch.” The statement implied that the MCSO had not made good on this “commitment.” It is our understanding that MCSO has created a position for a patrol officer to specifically cover these communities. The compensation for the officer or officers assigned to fill this position is covered by the County outside of the contract with Fountain Hills.
Fountain Hills pays less per capita than the majority of cities and towns in the East Valley.
During the Forum Friedel claimed, “We’re not getting what we’re paying for.” The data suggests otherwise.
In 2021, the Fountain Hills Town Council retained Matrix Consulting to conduct a review of law enforcement services. According to the results of that study, the amount paid by Fountain Hills for police services ($257 per capita) was lower than all but one other town (Cave Creek) in the East Valley. The study also found that the average per capita cost for law enforcement services for East Valley towns and cities was $474.
Do we get what we pay for? Based on objective measurements, we do. The five-minute response time for Level 1 responses is below the national average. And crime statistics demonstrate that Fountain Hills is one of the safest places to live in the state.
ONE RUMOR DOWN BUT MORE TO GO
One ugly, unfounded rumor has been debunked but there are more to address. Sadly, that’s what happens when ROT comes to a town and a candidate is desperately searching for mud to sling.
Read the contract by clicking here.
Friedel Friday: Special Edition
It’s Friday again and time for another edition of “Friedel Friday.” Where will Gerry take us this week?
He has already taken us to the Splash Pad and the Skate Park, both of which fall clearly within the “nice to have” category he has publicly disdained. Will he take us back to Falcon Field or the Planetarium/Library at McDowell Elementary while he pretends that he provided volunteer or financial support to either project?
Since declaring his candidacy for mayor of #FountainHills, Gerry has tried really hard to portray to show us what a concerned, committed, and honorable person he is. But, sometimes he slips up.
Gerry has very thin skin. When questioned or criticized by constituents he very quickly shifts into attack mode.
And there was the slip that precipitated the disastrous February Town Council meeting. Gerry abruptly summoned a resident to the podium, glared down at her, and announced that she had forfeited her right to request that sanctions be levied against Skillicorn because of an offensive cartoon she posted on social media featuring the former president and a Democratic donkey.
Witnesses to this embarrassing spectacle who were aware of Friedel’s history of racist, anti-Semitic, misogynistic, transphobic and xenophobic posts were appalled by his performance and his hypocrisy.
In this Special Edition of Friedel Friday we offer residents the opportunity to explore the true character of this man who aspires to be our community’s mayor. We will be taking a brief tour of Gerry Friedel’s social media posts.
Please also note that Friedel has been shown a preview of his offensive social media posts and although he suggested that some were “taken out of context” or altered, he very pointedly failed to deny that he published them.
FIRST STOP: THE INTERSECTION OF XENOPHOBIA AND ISLAMOPHOBIA
The first stop on our tour is one of the most revealing of Gerry’s posts. Not only does it show that he is crude and Islamophobic, but it also shows that he suffers from profound cultural ignorance.
The woman in the photograph attached is wearing a turban – not a hijab. The hijab is a long scarf that is generally draped or tied to cover a woman’s hair and neck. The hijab is worn by Muslim women to express their commitment to modesty and as a “spiritual veil” to protect them from negative influences.
The turban is worn by Sikh men and sometimes Sikh women to cover their hair which, as a part of their religion, they do not cut. Sikhism is a religion, separate and distinct from Islam, based on a shared belief in and commitment to religious freedom, equality, community service, and pacifism.
The woman in the photo could be Sikh, she could be a woman undergoing chemotherapy or she could be any woman, including a Muslim woman, who knows she looks beautiful in a turban. One thing is certain, she is not wearing a turban because she has “shit for brains.”
SECOND STOP: THE INTERSECTION OF SEXISM AND TRANSPHOBIA
Sadly, many of us will recognize the hideously altered image of Michelle O. that serves as the second stop on our tour.
This “photo” appeared on social media at the time rumors were circulating that Michelle Obama was a transgender female.
Friedel’s use of this image to demonstrate his disdain and disrespect for our former First Lady and transgender women is painfully ironic in light of the moral outrage he expressed at the cartoon image of a donkey’s assault on Donald Trump.
THIRD STOP: RIDICULE LANE
Gerry has targeted members of the transgender community for ridicule, such as with his comment to the “AutoZone” image attached. This will serve as our tour’s third stop.
This post, made after Budweiser featured a transgender internet influencer in an advertisement, is the only one on the tour that has been altered. A red circle was used to highlight Gerry’s comment.
STOPS FOUR AND FIVE: SEXISM STREET
Some may recall Friedel’s bold proclamation that he is viewed as a “champion of women.” The immediate challenge to this claim asserted by both women and men seemed to come as surprise to Gerry. He should not have been surprised in light of the disrespect he has shown for women on his social media.
Would a “champion of women” publish a post that implies that to succeed women must be prepared to sleep with powerful men?
Would a “champion of women” publish a post describing a former Deputy Director of the NIA as a “whistle blow job” and “pink vagina hat wearer”?
LAST STOP: MULTIFACETED BIGOTRY
No tour of Gerry’s social media would be complete without an illustration of his preternatural talent for discovering and reposting multifaceted bigotry. The sixth and final post on our tour combines anti-Semitism with sexism and ageism to promote a QAn*n conspiracy theory, using a doctored image of Hillary Clinton .
What Now?
Our Friedel Friday Special Edition tour has come to an end. What more do we need to know about #GerryFriedel to conclude that he lacks the character and integrity to serve effectively and honorably as our mayor?
The spitefulness, racism, and bigotry reflected on his social media are in and of themselves disqualifying. Our community’s mayor should make us feel proud – not ashamed. But Gerry has other shortcomings that are also disqualifying.
He Does Not Value Our Schools
Gerry did not support the School Bond. Gerry did not even try to correct the disinformation that was circulated by #ROT and other opponents of the bond. Although he claims to value “transparency” he refused to answer any questions posed to him about his failure to support the bond.
Our mayor must be able to work closely and effectively with the staff and administration of the Town’s largest employer, the #FHUSD. Friedel did not support the school bond. How can that betrayal be forgiven or forgotten?
Our mayor must have integrity and be committed to upholding the Town’s Code of Ethics.
He Is Not Committed to the Town’s Code of Ethics
Gerry did not vote in favor of sanctioning Skillicorn for his clear violations of the Town’s Code of Ethics because he was afraid that he would be sued and wanted to avoid incurring the wrath of ROT.
He is Not Loyal to the Town, Its Staff, and Employees
Our mayor must be loyal to the Town, its staff, and employees. Friedel voted in favor of directing the town attorney to stop defending the Referendum litigation. Had it succeeded, the Resolution would have forced the Town attorney to act illegally and resulted in an admission that the Town and the Town clerk acted illegally.
Gerry Friedel has demonstrated that he does not have the character, integrity, nor skills to serve as the mayor of Fountain Hills. We cannot elect him.
Case dismissed!
June 12, 2024
On June 6, just six days after the closing arguments were submitted, Judge Frank Moskowitz, the judge assigned to the action, Reclaim our Town, et. V. Ginny Dickey, et al, issued a ruling in favor of the Town, the individual Defendants and the Developer.
The lawsuit will be dismissed after the Defendants’ lawyers submit a Proposed Form of Judgment to Judge Moskowitz to be reviewed and signed. Judgment will then be entered, and the lawsuit will be dismissed. Entry of the judgment will bring the litigation to an end unless Reclaim Our Town (ROT) decides to file a motion asking Judge Moskowitz to reconsider his decision or file an appeal.
ROT’s meritless claims and deliberate deception
In the “Under Advisement Ruling,” Judge Moskowitz found that ROT’s lawsuit lacked merit for the reasons set forth in Defendants’ Closing Statements and Closing Arguments. The Closing Statement submitted by the Developer, Sandor Development Company, LLC, characterized ROT’s claim that the Town Clerk provided Larry Meyers with an erroneously numbered petition sheet, as a “complete fabrication.” The Closing Statement went on to observe:
“To be sure, this issue probably began as mere negligence. Mr. Meyers apparently made a printing mistake. But his negligence has devolved into deliberate deception in this Court.” (Closing Statement, p. 17., emphasis added)
ROT should apologize
As a result of ROT’s “deliberate deception” Fountain Hills has incurred thousands of dollars in legal fees, and the reputation of the Town and Town Clerk Linda Mendenhall has been tarnished.
ROT, through its own negligence, failed the residents who supported the referendum. Rather than admit its mistake and move on ROT doubled down, creating a narrative that would shift the blame for its mistake to the Town Clerk.
ROT made no effort to dispel the resulting rumors that the Town Clerk’s alleged mistake was part of a conspiracy between representatives of the Town and the Developers to defeat the Four Peaks Referendum (Four Peaks is the proposed name for the project planned for the Target Plaza). These unfounded rumors are still in circulation.
Recently, Councilmember Allen Skillicorn and Council candidate Gayle Earle have publicly claimed that the Referendum’s failure was the result of corruption. These rumors will continue to cause damage to Fountain Hills’ reputation. They will also fuel distrust and division until ROT acknowledges its mistake and issues an apology.
Friedel, Skillicorn and Toth should apologize
Considering the Court’s apparent ease in deciding that there was no merit to ROT’s claim, it is even more troubling that three of the members of the Fountain Hills Town Council – Gerry Friedel, Allen Skillicorn and Hannah Toth – voted in favor of directing the town attorney to stop defending the litigation.
Some residents believe that Friedel’s vote in favor of a resolution that would result in an admission that the Town and the Town Clerk acted illegally disqualifies him from serving as the Mayor of Fountain Hills. For these residents, Friedel’s vote demonstrates lack of integrity, loyalty and commitment to the Town’s staff and employees.
Here are the facts and law supporting the Judgment
In its lawsuit, ROT sought a Preliminary Injunction, an Order from the Court that would have required the Town Clerk to accept the faulty signature sheets. ROT also requested a Declaratory Judgment that the Town Clerk acted illegally when she rejected the signatures contained on the misnumbered petitions.
The Court and the parties agreed that an evidentiary hearing on the merits of ROT’s claims would be held on May 21. On May 31 the parties submitted written Closing Statements. Six days later the judge issued a ruling, finding that ROT was not entitled to an injunction or a declaratory judgment in its favor because its claims were without merit.
As noted above, Judge Moskowitz’s ruling was based on the facts and legal arguments set out in the Defendants’ Closing Statements and Closing Arguments.
Facts
The following facts have been determined:
- As the Petitioner, ROT had the sole responsibility to ensure that the statute’s requirements were met.
- Both the front side and the back side of the signature sheets must include the number assigned to the petition (REF2024-01) in the lower right-hand corner.
- The number printed on the front side of all the signature sheets circulated by ROT (REF2024-01) was correct.
- The numbers printed on the back side of all the signature sheets (REF2019-01 or REF2019-) were not correct.
These four facts were the only factual determinations necessary to support the Court’s determination that ROT’s lawsuit should be dismissed. However, the Closing Statement debunks the fact that ROT claimed excused its failure to comply with the requirements of the statute. No credible, verifiable evidence was presented to support the claim first advanced by ROT leader Crystal Cavanaugh that the Town Clerk provided ROT with the misnumbered signature form that purportedly set them on a path to failure.
The Town Clerk was not responsible for the misnumbered signature sheet
On Feb. 28, 2024, Cavanaugh published a post in the Fountain Hills Connection Facebook page that began:
“ATTENTION TO ALL THE DEDICATED CITIZENS WHO HELPED COLLECT REFERENDUM SIGNATURES…TO HAVE THIS SIGNIFICANT REZONE ON THE BALLOT WE ARE SORRY.”
The post went on to explain ROT’s failure to ensure that the forms had been properly numbered as follows:
“The referendum team member picked up our referendum packet from Town Hall on January 18. The packet contained the necessary forms. In that packet was the signature petition form that we were told to copy and distribute once the necessary information was filled in. It was scanned and filled out…the Town gave us a form with a pre-printed tiny number on the notary page that went undetected by the team.”
In the Verified Complaint, signed under penalty of perjury, Cavanaugh recited a slightly different explanation:
“The referendum sheet provided by Town Clerk Mendenhall left a space for the (correct) petition serial number on the front of the petition, but on the back of the petition sheet this space was filled in with “REF2019-01” and there was no space for the applicant to place its petition number.” (Verified Complaint, paragraph 19)
According to the Closing Statement, during the May 21 evidentiary hearing Ms. Cavanaugh “tried hard to run away from her verification” of the truth of these allegations and admitted that she had no personal knowledge to support them. (Closing Statement, p. 15)
In his Sworn Declaration, submitted to the Court on March 24, ROT Treasurer Larry Meyers, and the “team member” referenced by Cavanaugh in her initial post repeated the claim that he had gone to the Town Hall on Jan. 18, 2024, where Ms. Mendenhall provided him with “a physical copy of a sample petition sheet.” Meyers does not claim, as Cavanaugh did, that the erroneous number on the back side of the form “went undetected.” Rather, he stated:
“On the back of the petition sheet provided by Town Clerk Mendenhall, Exhibit 1, the space in the lower right-hand corner was filled in with “REF2019-01” and there was no space for the applicant to place its petition number. (Meyer’s Sworn Declaration, paragraph 4.)
More on the mysterious “missing flash drive”
During the evidentiary hearing, evidence was presented that in December 2023, Ms. Mendenhall provided Nancy Plencer, an avowed opponent to the Four Peaks Development, with a hard copy and an electronic copy (on a flash drive) of a complete referendum packet that included blank sample petition sheets. (Closing Statement p. 13)
On January 18 (the day after the Town Council adopted the revised zoning ordinance), Meyers called the Town Clerk to advise her that ROT would be submitting referendum paperwork. The Town Clerk testified that during this meeting she asked Meyers whether he had received the referendum packet from Nancy Plencer and he said that he had. (Closing Statement p. 14, emphasis added) Ms. Mendenhall also testified that Meyers did not visit her office on January 18, and she did not provide him with a hard copy of a signature sheet. (Closing Statement, p. 14, emphasis added)
Surveillance video does not confirm Meyers claim that he was given the misnumbered form on January 18
Meyers’ claim that he was given a hard copy of a signature sheet on January 18, was undermined by surveillance video showing that he did not enter or exit the building on that date. Meyers was unable to recall any details concerning this alleged visit including the time of the visit, where he parked his car, or the door that he used to enter or exit.
During the evidentiary hearing Meyers was unable to recall any details of what he did following the visit to the Town Clerks’ office. However, in his Sworn Declaration, signed two months earlier, Meyers appeared to have perfect recall of what he did after leaving the Clerk’s Office on January 18, as evidenced by the following statement:
“After I received the referendum materials from the Town Clerk on Jan. 18, 2023, (sic), as described above, I proceeded to my home where I scanned the sample petition sheet provided by Town Clerk Mendenhall into my computer. That scanned document, Exhibit 1 to this affidavit, eventually became the petition sheets that were circulated…” (Meyers’ Sworn Declaration, Paragraph 5)
During the evidentiary hearing, Meyers was unable to produce any evidence that he scanned petition sheets into his computer prior to Jan. 23, 2024, after he was provided with the correct petition sheets by Ms. Mendenhall. (Closing Statement, p. 16).
The Town Clerk provided the unnumbered petition sheets to Meyers on January 23
The Town Clerk testified that she met with Meyers on January 23 when he applied for the serial number for the referendum petition. Later that day, Meyers called Ms. Mendenhall and asked her to provide him with electronic copies of the petition sheets, which she did. (Closing Statement, p. 14)
Prior to the evidentiary hearing, ROT admitted that on January 23, the same day Meyer’s applied for a petition serial number, Ms. Mendenhall emailed a sample petition sheet to him that “did not have any serial number preprinted on it.” Closing Statement, p. 13, quoting, the Joint Prehearing Statement)
However, in his Sworn Declaration, Meyers did not acknowledge that he asked Ms. Mendenhall to email the forms to him. Rather, he implied that the correct forms had serendipitously arrived in his in box when he stated:
“I did receive an email from the Town Clerk on Jan. 23, 2024, time stamped 12:02 p.m. which I later learned, after the petition sheets had been submitted, contained a different sample petition form… I had no reason to believe that it was anything but an electronic copy of what had already been provided in person… but since by Jan. 23, 2024, I already had the petition sheets filled out except for the petition numbers, I had no use for a sample petition sheet I thought was no different from the sample petition sheet provided by the Town Clerk on January 18. (Meyers’ Sworn Declaration, paragraph 6)
There was surveillance footage showing Meyers entering the building on Jan. 23, 2024, the date Ms. Mendenhall testified that she met with him and later, at his request, sent him an email attaching the sample signature sheets that left a blank space where the correct petition number could be filled in by the applicant.
The misnumbered signature sheet was used in the 2019 Daybreak Referendum
During the evidentiary hearing, evidence was presented that Meyers had been involved with the 2019 Daybreak referendum where the applicant was assigned the serial number, REF2019-01, the same number “preprinted” on the backside of the hard copy form that Meyers claims was provided to him on January 18. (Closing Statement p. 14)
According to the Closing Statement, Meyers made a printing mistake. After receiving the forms emailed to him by Ms. Mendenhall, he filled in the correct serial number on the front side of the form, but used the Daybreak signature sheet, pre-printed with the serial number (REF2019-01) for the back side. (Closing Statement, p. 14, footnote 5)
During the May 21 hearing, Cavanaugh and Meyers were unable to provide any verifiable evidence to support the claim that the Town Clerk provided ROT with a hard copy of a misnumbered form. There was no verifiable evidence that Meyers even went to Town Hall on January 18, the date he claims the misnumbered form was given to him. (Closing Statement p. 16)
ROT’s claim that Ms. Mendenhall provided Mr. Meyers with a hard copy of an erroneously numbered petition sheet was characterized as a “complete fabrication.” (Closing Statement p. 17) The Closing Statement goes on to observe: “To be sure, this issue probably began as mere negligence. Mr. Meyers apparently made a printing mistake. But his negligence has devolved into deliberate deception in this Court.” (Closing Statement p. 17, emphasis added)
Legal conclusions
The statute’s requirements
As discussed above, ROT failed to present any verifiable evidence that Ms. Mendenhall provided Meyers with an erroneously numbered signature sheet; however, even if this were not the case, ROT could not have prevailed in this action because, as a matter of law:
- Referendum proponents must strictly comply with statutory requirements.
- The Statute requires that the referendum’s serial number be provided in the lower right-hand corner on both sides of the petition sheet.
- If the assigned serial number does not appear on both sides of the petition sheet the Town Clerk cannot accept them.
(Closing Statement pp. 2-4)
It was ROT’s responsibility to ensure that all the requirements of the statute were met. ROT failed to ensure that the front and the back sides of the sheets were printed with the correct serial number. Accordingly, Ms. Mendenhall had a statutory duty to reject the signatures contained on the defective petition sheets.
This standard of “near perfect compliance” is justified “because a referendum is viewed as an extraordinary power that permits a minority to hold up the effective date of legislation that may well represent the wishes of the majority.” (Closing Statement p. 2)
The statute’s requirements are not unconstitutional
It is apparent from the ruling that Judge Moskowitz rejected ROT’s alternative argument that the statutory requirements are unconstitutional. Under Arizona law a statute is presumed to be constitutional and the party challenging its validity has the burden of overcoming that presumption. ROT could prevail on its constitutional challenge only if it could prove that it was impossible for it to comply with the statutory requirements. (Closing Statement pp. 9-10, emphasis added)
This is a burden ROT could not and did not meet. Clearly, it was not impossible for ROT to comply with the statute’s requirements. All the referendum team needed to do was check the signature sheets before they were printed and circulated to ensure that the correct serial-number was printed on the front and back.
What now?
What happens next is up to ROT. Crystal Cavanaugh recently said that ROT was “considering its options”. Realistically, ROT has only three options: it can ask the Judge to reconsider its decision, it can file an appeal, or it can admit that the referendum’s failure resulted from its negligence and move on.
Motions for Reconsideration are rarely granted. A court will agree to reconsider a decision only if the requesting party provides convincing evidence that the decision was based on “erroneous facts” or an erroneous interpretation of the applicable law.
A similar standard will be applied on appeal. However, an appellate court will give great deference to a trial court’s factual determinations. Particularly, determinations concerning the credibility of witnesses. The appellate court will overrule a trial court’s interpretation and application of a statute if it finds that the statute was misinterpreted, misapplied or because it is Unconstitutional.
It is highly unlikely that the decision to dismiss ROT’s lawsuit will be reconsidered or reversed on appeal. Many residents hope that ROT will accept responsibility for the failure of the referendum and decide to move on.
Together, we can help Bob’s Free Bikes find a new home!
“Changing the life of a child one bike at a time”
A very important Flourish guiding principle is to “promote a culture of acceptance and kindness where all are made to feel welcome, safe, and appreciated.” We can find no better example of this principle in action than the success of Fountain Hills nonprofit, Bob’s Free Bikes.
Walk through the door of Bob’s Free Bikes and you are immediately facing a giant whiteboard. The numbers you’ll see tell the story of how this all-volunteer organization has delivered on its commitment to change the lives of children. From 2016 through the present, Bob’s has donated more than 6,000 bikes to children in the Greater Phoenix Metropolitan Area. Bob’s is on pace to break that record this year, but only if it can find a new space to house its charitable, life-changing enterprise. If a new location cannot be found in the near future, the wishes of thousands of kids for a “new” bike will not be fulfilled.
For several years Bob’s has been working out of 7,500 square feet of leased space in the building that once housed Four Peaks Elementary School. Due to the impending sale of the building, by the Fountain Hills Unified School District (FHUSD), Bob’s has been searching for new space that is both suitable and affordable. Recently, Bob’s thought they had reached an agreement to lease new space but at the last minute, the owner decided to sell the building. As a result, Bob’s is once again looking for a new home – and time is running out.
It was 2016 when Fountain Hills resident Bob Mandel began refurbishing bikes to give to kids in need. At the start, he worked out of his garage. Initially, his goal was to complete one bike a week, 52 bikes a year. Bob’s operations quickly outgrew his garage. Last year, Bob’s delivered 1,158 bikes to new owners. With needed space, that record will be broken this year. Through the end of May, Bob’s has delivered 730 bikes, and has 215 in its inventory.
Bob’s will provide a bike to any child under 18 who lives in the Greater Phoenix Metropolitan area. Bob’s does more than donate like new bikes to young riders, it also provides them with a helmet and bike lock. Not only that, the joyful recipients and their families know that their bikes come from the Fountain Hills organization. What a great demonstration of the Fountain Hills culture of kindness!
The path to a new bike begins by entering Bob’s “Request a Bike” portal on its website: https://www.bobsfreebikes.org. After the request is submitted, it generally takes only two to three weeks for the bike to arrive at its destination.
No child has ever been turned away, though they may need to be patient. When there are more than 100 pending requests Bob’s will temporarily suspend accepting new requests, placing the child’s name on a waiting list. Over the years Bob’s has largely been able to keep up with the demand and has only been required to use the waiting list on three occasions in the past year.
Bob’s does more that fulfill requests through its “Request a Bike Portal”. Bob’s is currently refurbishing 52 bikes to be donated to Operation Warmheart, an Airman supported program at Luke Airforce Base that provides assistance (in the form of groceries and gifts) to other Airmen and their families during the holidays. Recently, Bob’s donated 29 bikes to a micro-school in downtown Phoenix and provided bikes for the nine students who received the “Excellent Student” designation in grades K-8 at Arroyo School in Glendale.
Bob would not have been able to fulfill its founder’s mission without the support of more than 30 dedicated volunteers who pick up, refurbish and deliver bikes. No prior experience or expertise in bike repair is required to volunteer. Volunteer training is provided for aspiring bike mechanics. Volunteer drivers with vehicles large enough to hold bikes are also needed to pick up donated bikes and deliver them to their eager new owners.
Bob Mandel died just over a year ago, on May 29, 2023. Today, Bob’s operations are overseen by a five-person board of directors: Brian Martin, Chairman; Jay Turberville, Secretary; Robyn Heimbuch, Treasurer; Mark Jordan, Operations Manager; and Walter Heimbuch and Bruce Nagel, Members at Large. The board is committed to keeping Bob’s vision alive, but to do that they need our help.
Can you help Bob’s Free Bikes find a new home in Fountain Hills?
Are you aware of any leasable space in Fountain Hills that is at least 2,700 square feet and could be configured (by a team of creative volunteers) to house Bob’s operations? If so, please call Robyn Heimbuch at the number below.
You can also help Bob’s Free Bikes stay alive with a donation.
The transition to new space will require expenditures beyond what is currently available in Bob’s annual operating budget. As a 501 (c)(3) organization, monetary contributions, as well as the value of donated bikes, are tax-deductible.
You can help Bob’s Free Bikes to change “the life of a child one bike at a time. Any amount is greatly appreciated.
Bob’s Free Bikes
Hours: 12 PM – 4 PM Monday, Wednesday and Thursday
Telephone: 480-226-1357
Mail Donations to:
Bob’s Free Bikes
13771 Fountain Hills Blvd., Suite 114156
Fountain Hills, AZ 85268



Target Plaza Referendum Litigation Update
The evidentiary hearing was a disaster for Reclaim Our Town (ROT). ROT owes an apology to the town and all of its citizens.
On February 28,2024 , Reclaim Our Town Chairperson (ROT) Crystal Cavanaugh issued an apology to “ALL THE DEDICATED CITIZENS WHO HELPED COLLECT REFERENDUM SIGNATURES”. The apology was offered after Ms. Cavanaugh was advised that all the signature sheets had been rejected by the Town because they did not comply with the requirements of state law.
Based on the evidence presented at the May 21 hearing in the pending Referendum Litigation, Ms. Cavanaugh should extend that apology to “ALL THE CITIZENS” of Fountain Hills. For four months the citizens of Fountain Hills have been required to fund the defense of this frivolous litigation, compelled to sort through the misinformation and disinformation, and suffer the embarrassment resulting from the unfounded accusations of corruption, collusion and conspiracy.
In her initial post, published on Fountain Hills Connections, Ms. Cavanaugh first advanced the claim that the Town Clerk was to blame for ROT’s failure to submit signature sheets that complied with state law because “the Town gave us a form with a preexisting tiny number that remained undetected by the Team”. According to Ms. Cavanaugh’s post, a “referendum Team member” (subsequently identified as Larry Meyers, ROT’s treasurer) picked up the packet containing the “tainted form” on January 18, 2024. Cavanaugh’s claim that the Town “set us on a path to failure” fueled the libelous rumor that the Town, in general and the Town Clerk (Linda Mendenhall), in particular, conspired with the developers of the Four Peaks Project to defeat the Referendum by deliberately providing ROT with a faulty form.
ROT DID NOT SUBSTANTIATE ITS CLAIM DURING THE EVIDENTIARY HEARING
In this action ROT is asking the Judge, an agent of one branch of government, to order the Town Clerk, an agent of another branch of government to accept the faulty signature sheets. As the plaintiff, ROT has the burden of proving all of the facts that are material to its claim.
The Judge may and should ultimately determine that ROT cannot be excused from complying with the requirements of the statute even if it could meet its burden of proving that Ms. Mendenhall provided it with a faulty form. However, even if the Judge found that ROT had no obligation to review the completed signature sheets (to ensure that they complied with the statutory requirements) the evidence it presented at the hearing fell far short of establishing that Ms. Mendenhall provided it with a “tainted form”.
As noted above, ROT has consistently maintained that the “tainted form” was provided to Larry Meyers on January 18, 2024. In his Sworn Declaration, signed on March 24, 2024, under penalty of perjury, Meyers claimed that on January 18, 2024 he went to Town Hall where he met with Ms. Mendenhall who provided him with “certain referendum materials,” including a physical copy of a sample petition sheet. Meyers went on to state that on that same day he scanned the faulty petition sheet into his computer.
During the evidentiary hearing, Meyers similarly testified that he went to Town Hall on January 18, 2024 where he met with Ms. Mendenhall who provided him with “three sheets” which he scanned and made PDF files that he would later fill in. Meyer’s also testified that he met with Ms. Cavanaugh on January 18.
Ms. Mendenhall, who also appeared as a witness, testified that she did not meet with Meyers on January 18th.although she did speak with him on the telephone that day. Ms. Mendenhall testified that during this telephone conversation Meyers said he would come to the Town Hall later that day but failed to do so. Ms. Mendenhall went on to testify that she met with Meyers on January 23, 2024, and provided him with the referendum materials at that time.
During his testimony, Meyers was shown surveillance footage taken on January 18, 2024. The surveillance video undercuts Meyers’ claim that he was provided with the “referendum materials” and scanned them into his computer on January 18th. The surveillance video did not show Meyers walking into or out of Town Hall on January 18. Ms. Cavanaugh also testified that she did not meet with Meyers on May 18 after he allegedly received the referendum materials from the Town Clerk.
The surveillance video did show Meyers entering the building on January 23, the date Ms. Mendenhall testified that she met with him. Significantly, according to Meyers’ sworn declaration, January 23 is also the date that he received an email from Ms. Mendenhall attaching digital copies of the correct signature sheets.
Ms. Mendenhall, testified that when she creates a packet for applicants seeking to circulate a referendum, she always includes a USB stick containing digital copies of the proper forms and paper copies of the same forms. Evidence was presented that both sides of the sample signature sheet provided to ROT on January 23 were pre-printed with the statements: “LOCAL ONLY” and Revised 01/12/2023 in the bottom left corner.

It is important to recall that Meyers was involved in the 2019 Daybreak Referendum. The erroneous number printed on the back side of the ROT forms was assigned to the Daybreak Referendum. Those facts, combined with the fact that the signature sheets used by ROT had no revision dates, strongly suggests that the scanned documents Meyers used to create the template for the invalid signature sheets had been used in 2019 and stored on Meyers’ hard drive since that time.
Under questioning by the Developer’s lawyer, Meyers testified that he had read the Secretary of State’s instructions for the completion of signature sheets. These instructions specifically state that the correct Petition number must be printed on the front and the back side of each signature sheet.
During the hearing, Meyers testified that he had no memory of seeing a “number box” on the back side of the forms he printed for circulation. This testimony contradicts the statement made in paragraph 4 of his March 24, 2024 Declaration which provided:
“On the back of the petition sheet provided by Town Clerk Mendenhall, Exhibit 1, the space in the lower-right hand corner was filled in with “REF2019-01” and there was no space for the applicant to place its petition serial number.“
Ms. Cavanaugh testified that the incorrect petition number was overlooked because it was not a blank that could be filled in.
Neither Meyers nor Cavanaugh offered an explanation as to why they did not contact the Town Clerk to ask her why the form she allegedly provided to them did not leave a space for the correct number to be inserted.
ROT SHOULD DISMISS THIS LITIGATION
At the conclusion of the hearing, the parties were given a deadline of May 31, 2024 to submit their closing arguments. The judge indicated that he was aware of the time constraints. It is anticipated that the Judge will issue a prompt ruling.
ROT has not indicated whether it will appeal an adverse ruling. An appeal by ROT would only serve as additional evidence of its bad faith and result in further injury to the Town’s reputation and finances. When the adverse ruling is issued, ROT should step down and apologize for punishing the Town and its citizens for its mistake.
would only serve as additional evidence of its bad faith and result in further injury to the Town’s reputation and finances. When the adverse ruling is issued, ROT should step down and apologize for punishing the Town and its citizens for its mistake.
For another perspective: https://azbex.com/planning-development/fountain-hills-apartment-approval-sparks-lawsuit/
What is Proper Punishment for Multiple Ethics Violations?
By Don Scott.
The ultimate judgment of Councilperson Skillicorn will be by his maker, not a town council. But for now, and with the rules before us, there is a responsibility of this council to act at this week’s Town Council meeting when Skillicorn’s Code of Ethics violations are considered for potential punishment.
“Approaching a town employee in an aggressive manner, making him fearful of his safety, attempting to access the interior of his truck, and making comments such as ‘you guys are really skating on thin ice’ when (employee) is enforcing the Town Code approved by Town Council is a violation of the Code of Ethics,” the law firm investigation reportedly states.
That type of manipulation, bullying and threatening action is unsurprising from someone who self-describes on social media as a “Chaos Agent.” Skillicorn initially had a Twitter, now X, traditional profile, e.g., “Allen Skillicorn Fountain Hills Council,” and “Allen Skillicorn for Fountain Hills.” But to gain notoriety and sidestep direct links to online speech with town activities and sworn duties, I suspect, his profile and posts have morphed into a more harsh and hostile tone.
Outside investigating counsel held indifference to Skillicorn’s social media postings that include invectives toward LGBTQ+, multiple postings of a nonresident Turning Point proxy at our council meeting delivering bigotry-laced propaganda, and Skillicorn encouraging “more people need to attend the 3/5 meeting.” Did Skillicorn invite the Turning Point speaker? Perhaps Councilperson Toth, who is affiliated with Turning Point Action?
When Councilmember Friedel should have respected residents who brought legitimate complaints against Skillicorn for his incendiary, defamatory words and actions, Friedel showed his lack of character, compassion and judgment by calling out an already-bullied resident and LGBTQ+ community member.
What is proper punishment for multiple ethics violations? Censure and formal apologies to those affected are reasonable and justified.
What Does ‘Fountain Hills First’ Really Mean?
By Michael Scott.
There’s been plenty of talk with code words here in Fountain Hills.
One that bothers me is the word “first.” Its origins are worrisome. Originally it was used by President Woodrow Wilson in 2016, referring to a U.S. isolationist policy that emphasized American exceptionalism and non-intervention.
In my mind, it goes further than that.
America First was a slogan of a foreign policy group called the “America First Committee,” a none-interventionist pressure group. That “committee” had a variety of U.S. supporters and the movement had spin-offs of anti-Semitism, and fascist rhetoric link it to Nazism. It was also used addressing slavery and white nationalism, with connections to immigration, nativism and xenophobia, all background fascist movements. The KKK used the phrase in the 1920s, too. Some even say American Christian nationalism is based on the belief about American superiority and a divine connection. And we won’t forget, more recently, that “America First” became Trump’s official foreign policy doctrine.
Just another way of saying “first.”
So why should we care?
Our founding fathers wanted a secular government; they express this in the first few lines of the First Amendment.
Clearly, when I see terminology used in a Fountain Hills local election, I have to wonder what a candidate may be trying to say. Is it just coincidence, or is there something more implicit in the slogan? Is the person trying to say that “let’s take care of Fountain Hills and don’t worry about our neighbors or regional needs or goals,” leading us to believe that Fountain Hills will vacate its regional responsibilities? Or even worse, is the code word “first” trying to say what many of us are thinking it means, yet remains unsaid: Fountain Hills should be a white, senior, Christian municipality where no one else is welcome, and no one else’s opinions are valid?
You decide what you think “Fountain Hills First” really means.
Opposed to Proposed Anti-Diversity, Equity & Inclusion Policy
By Pam Cap.
Why a DEI policy? Coming from Councilmember Skillicorn? Therein lies the rub. It’s not. It’s an anti-DEI policy.
Why the bait and switch? Because it’s Allen Skillicorn. Nothing about the guy is on the up and up. Always trying to insert national radical right agendas. He could have clearly written what it was, an anti-diversity, anti-equity, and anti-inclusion policy.
Luckily for us residents, our town’s department directors and staff already comply with state and federal mandates. DEI has nothing to do with Fountain Hills. Yet Skillicorn wants to push another negative narrative involving our town.
What scares me is if Skillicorn had enough like-minded councilmembers, this would pass without debate. Skillicorn’s policy would prohibit proclamations celebrating our residents’ uniqueness. No more Mexican Heritage Days, no more Black History Month, no more celebrating with our community leaders. If you read closely, it also prohibits our community leaders from saying racism is bad.
Skillicorn’s hate for the LGBTQ+ community has been very loud and proud. But now he is taking aim at every minority in our community. Policies like this are in our future if more ROTen candidates get elected. So please, get informed about each candidate. Watch who they associate with. Fountain Hills deserves forward-thinking leaders who aren’t afraid of our differences. We deserve leaders who lift us all up and celebrates our cultures, our religions, our way of life, all of our uniqueness. We can Flourish together without ROT.
‘We didn’t start the fire. No, we didn’t light it, but we’re trying to fight it.’
With apologies to Fall Out Boy
The Fire Starter Has to Go![]()
More than a year ago, in February 2023, a grandmother wrote her very first letter to the editor. The newspaper, a weekly, was published in #FountainHills, a town known for its “close-knit community,” “tranquility” and “spectacular views.”
The subject of the letter was #AllenSkillicorn, who barely six weeks into his tenure as a member of the Town Council appeared intent on burning the whole place down. The letter included the following paragraph:
Following his ignominious retreat from Illinois politics Skillicorn has attempted to recast himself as a “rugged individualist” and “agent of geopolitical chaos” ready, willing and able to command Arizona’s political stage. Skillicorn’s aspirations appear unrealistic considering his recklessness and lack of political acumen. It would be easy to dismiss Skillicorn but dangerous to do so. In the process of attempting to elevate himself to Arizona’s regional and national platform Skillicorn has and will continue to do damage to our town.
There has been so much damage since that letter was written. Fifteen months into Skillicorn’s four-year term Fountain Hills is no longer known for its close-knit community or its tranquility – although the views remain spectacular.
Today, Fountain Hills is known for the chaos and ugliness Allen Skillicorn brought with him when he fled Illinois, a failed politician. Skillicorn arrived in our town, slapped a cowboy hat on his head and began employing the only “skills” he has: pandering to the powerful; attacking his perceived opponents; and setting fires fueled by lies and bigotry. In the process he has repeatedly made a fool of himself and brought dishonor to our town.
In his never-ending quest for the spotlight Skillicorn has filed sham police reports against his constituents; attacked members of the LGBTQ+ community; compared our schools to Sodom and Gommorah; repeatedly lied about the mayor; accused a town employee of being a “sign thief”; and called his colleagues on the Town Council “Corruptocrats” and ”Marxists.” Now, Skillicorn has upped the ante and decided to set a big fire by suing the town he was elected to serve.
Skillicorn has filed a Civil Rights action in Federal Court accusing Mayor Dickey, and Councilmembers Kalivianakis, McMahon. and Grzybowski of violating his First Amendment Rights by sanctioning him for repeated violations of the town’s Code of Ethics. The suit (https://dockets.justia.com/…/azdce/2:2024cv01074/1377270) also names Tina Vannucci, the outside attorney who conducted the investigation and made the determination, as a defendant. Gerry Friedel, who condemned Skillicorn’s conduct but lacked the courage to vote his conscience, was not named as a defendant.
Skillicorn is represented in the lawsuit by Timothy LaSota. LaSota has been actively engaged in right-wing lawfare for several years. He represented Kari Lake in her futile effort to overturn the results of the Arizona governor’s race and is also representing ROT in the litigation arising out of the Four Peaks Referendum.
The allegations of the Complaint bear little resemblance to the facts that led to the imposition of sanctions. For example, Skillicorn alleges that when he pursued Peter Lucchese, the Enforcement Officer who removed the illegally placed sign, he flashed his lights “in a request that this driver stop so that (he) could ask this government official what the legal basis for his removal of the sign was.”
In addition to seeking damages from the Town and the individual defendants Skillicorn is seeking an order from the court that would prevent the Town from issuing additional sanctions based on his failure to comply with the directive that he apologize to Mr. Lucchese.
Skillicorn is also seeking an order from the court that would preclude the Town from investigating or taking action on a pending Ethics Complaint filed by Bethany Culp (erroneously identified as Beverley Culp) on the grounds that he was engaging in Constitutionally protected speech.
Hopefully, this latest attempt by Skillicorn to torch our town will be resolved quickly and decisively. There is Supreme Court precedent directly on point. In Houston Community College v. Wilson, 595 U.S. ___ 2022 the Court found that the protections afforded by the First Amendment do not preclude a public body from sanctioning one of its members for ethical violations. Unfortunately, a quick resolution of this lawsuit will not undo the damage that Skillicorn has done to our community or prevent him doing more damage.
We can take some comfort in the fact that Skillicorn is doing himself no favors by continuing to put himself under the spotlight. He can’t pull it off. His plea to “patriots” to provide financing for his lawsuit will fall on deaf ears because he is neither likeable nor trustworthy. Many of the right-wing celebrities he forces to pose with him seem uncomfortable. There is no indication that Skillicorn is viewed by any in his party as a viable candidate for state or federal office. They too, see him as toxic troublemaker with no redeeming qualities.
Skillicorn will hold a press conference that few will attend. Reporters who represent reputable publications will not see him as a champion of the First Amendment. They will see him as he is: a singularly inarticulate, socially awkward attention seeker who lacks the charisma and political savvy to succeed as a politician. They will see him as a phony “entrepreneur” whose only registered business has its headquarters at a PostNet in Payson.
We can’t wait for Skillicorn to self-destruct. The distraction and dissension caused by the fire-starter is ruining our town. We need to get him out of office.
Round and around we go!

Every so often, someone on a local social media page makes a negative remark about the town’s roundabout at Avenue of the Fountains and La Montana, often to stir the pot. It usually triggers a slew of opinions, conjectures, and even insults.
Our roundabout not only creates improved traffic flow, but it is safer for vehicular traffic and especially pedestrians.
A Public Records Request submitted to the Town of Fountain Hills regarding the roundabout intersection asked about accidents involving vehicles and pedestrians. It also asked about the distances of crosswalks pre-roundabout and with today’s roundabout.
Since the roundabout’s 2021 construction, there have been nine reported crashes, none of which involved pedestrians.
Prior to the construction and operation of the roundabout, during the period January 2018 to Dec 2020, there were six reported crashes. Going back to 2017, there was one additional crash. And in 2016, there was one more crash.
As noted by the Town, upon comparing the roundabout crash diagram with the pre-roundabout crash diagram, the severity of crashes decreased after the roundabout was in service. There were injuries sustained in crashes between 2016 and 2020, while no injuries were noted after 2021. (See comments section for crash diagrams.)
As pedestrian traffic at an around this intersection increases due to events, residents walking their dogs, more people living in the area, more people using auto alternatives to get around, etc., what we believed prior to receiving this report proved true: this intersection is safer, particularly for people on foot, in great part because of the crosswalk configurations. The roundabout’s ability to mitigate the severity of injuries suffered in accidents involving vehicles is another crowning accomplishment for making the wise construction decision at this intersection.
Pre-roundabout, each of the crosswalks across La Montana Dr were approximately 77 feet long. Each of the distances to cross the travel lanes of Avenue of the Fountains was around 40’, except for the northeast crosswalk across the Avenue, which was about 47 feet.
Roundabout crosswalks – each of the eight individual pedestrian crossings across lanes – range from 15-18 feet in length.
Thank you to a friend of Flourish Fountain Hills and the Town of Fountain Hills for collaborating on the Public Records Request and the valuable information regarding traffic safety at Avenue of the Fountains and La Montana Drive (the roundabout).
Update: The Four Peaks Project Dispute
The ongoing litigation arising out of the failed Referendum effort has resulted in rumors of scandal and allegations of corruption. The litigation arises out of a zoning change approved by the Town Council in January 2024 to allow for the redevelopment of the Four Peaks Plaza (also known as the Target Plaza).
The Political Action Committee, Reclaim Our Town (ROT), initiated a Referendum, that had it been successful, would have allowed voters to overrule the Town Council’s decision by placing the issue on the November General Election ballot. ROT collected the required number of signatures to have the matter placed on the ballot. However, after determining that the back side of all the signature sheets was not printed with the correct petition number, as required by Arizona law, the Town Clerk refused to accept the signature sheets and the signatures on those sheets.
Councilmember Allen Skillicorn has been actively promoting rumors related to this project. In a recent episode of “Skillicorn Scoops,” Skillicorn promised to talk about “Referendum-gate” and the “the flash drive scandal”. On March 26, 2024, Skillicorn skipped a meeting of the Town Council so he could travel to Tucson for a radio interview. During the interview, Skillicorn, identifying himself as a Fountain Hills Town Councilman, accused the “Corrupt-ocrats” of Fountain Hills of building lower-income, higher-density housing as part of a “Great Replacement Plan.” Skillicorn went on to suggest tat the councilmembers who voted in favor of the Four Peaks development may have been motivated by the prospect of receiving “campaign cash” from the developer.
Through recent pleadings filed in the litigation, facts have been disclosed that effectively debunk the rumors. ROT has not formally addressed or even acknowledged the significance of these facts or attempted to quash the rumors of corruption and cover-up.
The Referendum will not be on the November ballot.
An evidentiary hearing has been scheduled for May 21, 2024, before the Hon. Frank Moskowitz. Judge Moskowitz will rely on the evidence presented during the hearing to reach a determination as to whether ROT is entitled to the injunctive relief it requested in its complaint.
ROT has asked the court to issue a Writ of Mandamus, an order directing a government official (here, Town Clerk Linda Mendenhall) to fulfill her “official duty”. To put it simply: ROT has asked Judge Moskowitz to order Ms. Mendenhall to accept the faulty signature sheets and forward them to the county recorder for certification.
In the unlikely event that Judge Moskowitz issues the requested order at the conclusion of the May 21 hearing, the Referendum would not be put on the November ballot. The defendants (which include the developer, Sandor Development Company) will almost certainly file an appeal with the Arizona Court of Appeals. Even if an anticipated request for an expedited review is granted, it would take months for the Court to issue a ruling. If the Court of Appeals decided the issue in ROT’s favor, the Defendants would be entitled to seek additional review from the Arizona Supreme Court.
Even if an appeal is not filed, there would not be enough time for ROT to meet all the other requirements imposed by Maricopa County to place a Referendum on a ballot. Sending the signature sheets to the County Recorder is just one step in a lengthy process.
ROT fails to disclose relevant facts.
It is unlikely that the rumors of scandal and corruption would be circulating if ROT had been forthcoming in disclosing all the facts. For months, ROT led the public to believe that they were not provided with the correct forms. Had they disclosed this fact there would have been no basis for the rumor that the Town was “conspiring” with the developer to defeat the Referendum. These facts will be presented to the Court during the evidentiary hearing. Where the following will be put on the record:
There was a flash drive. Town Clerk Linda Mendenhall did in fact provide a flash drive containing the correct signature sheets to an individual she reasonably believed to be a representative of the opponents of the Four Peaks Development. This flash drive was given to Nancy Plencer, a ROT supporter and vocal opponent of the Four Peaks Development. Ms. Plencer visited the Clerk’s office and requested the documents necessary to file a Referendum to set aside the Town Council’s anticipated prior to the January meeting. Ms. Mendenhall provided these documents, including sample signature sheets, to Ms. Plencer on a flash drive.
ROT was provided with digital copies of the correct signature sheet before the signature sheets were completed, printed or circulated by ROT. Before the Referendum Petition Application was filed and the Petition Number assigned, Ms. Mendenhall sent an email to ROT Treasurer Larry Meyer, attaching a digital copy of the correct signature sheet.
Stepping back.
The significance of these disclosures may not be apparent to readers unfamiliar with the background of this litigation. Others may benefit from a brief recounting of the events leading to the failed Referendum. ROT opposed Ordinance 2024-01. The Ordinance amended the Town’s Official Zoning Map by changing the zoning for a 6.7-acre parcel at the southeast corner of Shea Boulevard and Technology Drive known as Four Peaks Plaza. The change to the Official Zoning Map was necessary for the mixed use (residential and commercial) development, proposed by Sandor, to proceed.
After a majority of the Town Council approved the change, ROT initiated a Referendum. If a majority of the voters sided with ROT, the Town Council’s determination that the zoning change was in the Town’s interest and consistent with its strategic plan would be effectively overruled.
To have the zoning change placed on the ballot for voters to decide, ROT was required to obtain 1,084 signatures from registered voters. ROT was able to collect 1,816 signatures. However, when ROT attempted to submit the signature sheets to the Town Clerk they were rejected because they did not comply with the requirements of the applicable statute.
In Arizona, a Referendum Petition is assigned a distinct number. In this case, the Referendum Petition was assigned the number: REF2024-01. Under Arizona law, both the front side and the back side of the signature sheets must include the number assigned to that Petition.
It is undisputed that ROT, as the Petitioner, was responsible for completing and printing the petition sheets used to collect the signatures necessary to place the Referendum on the ballot. The signature sheets had two sides. The front side of the signature sheet provided space for the signatures and addresses of those supporting the Referendum Petition. The back side of the signature sheets provided for verification by the circulator that the individuals whose signatures and addresses were shown on the front of the sheet had signed the petition in their presence and that the circulator believed that the information provided was correct.
The number printed on the front side of the signature sheets circulated by ROT (REF2024-01) was correct. The number printed on the back side of the sheets (REF2019-01 or REF2019-) was not correct. It has been determined that the erroneous number, REF2019-01, preprinted on the signature sheet ROT’s circulated, had been previously assigned to the successful Referendum Petition that overturned the Town Council’s approval of the Daybreak Project.
In its lawsuit, ROT alleges that Ms. Mendenhall, in her official capacity, wrongfully and illegally, determined that the signature sheets submitted by ROT did not comply with the requirements of state law because the Referendum Number on the back of the signature sheet did not refer to the correct Referendum Petition.
In its Complaint, ROT also alleges that Ms. Mendenhall is responsible for the fact that the back side of the signature sheets did not include the correct Petition number. Paragraph 18 of the Complaint alleges:
These petition serial numbers were secured by Lawrence E. Meyers, Treasurer of Reclaim Our Town, from Town Clerk Mendenhall. Town Clerk Mendenhall also provided Meyers with a sample referendum petition sheet.
Paragraph 19 of the Complaint alleges that:
The referendum petition sheet provided by Town Clerk Mendenhall left a space for the petition serial number on the front of the petition, but on the back of the petition sheet this space was filled in with “REF2019-01” and there was no space for the applicant to place its petition serial number. (emphasis added)
ROT does not allege that it could not have used available “technology” (Wite Out or white tape) to print over a number that was obviously different from the one that it had been assigned. ROT has offered an explanation as to why it did not contact Ms. Mendenhall to ask why the back sheet of the hard copy signature sheet, she allegedly provided to Meyers left “no space for the applicant to place its petition serial number.”
Facts revealed in recent pleadings filed with the Court, including Mr. Meyer’s sworn statement, provide a more complete picture of the events and debunk the rumors of collusion and corruption, that have been circulating since March.
The facts develop.
It is now clear that prior to the date the petitions were printed and circulated, Ms. Mendenhall provided ROT’s Treasurer, Larry Meyers with an electronic copy of the signature sheet that should have been used to collect signatures. This electronic copy of the correct signature sheet was not provided through a flash drive but as an attachment to an email. In this electronic copy both the front and back sides of the form had a designated blank space where the correct Petition number could have been added.
There is no “missing” flash drive.
Before reviewing the facts set out in Mr. Meyer’s recently filed Sworn Statement it is necessary to address the “missing flash drive” one of the underpinnings of “Referendum-gate scandal”. It is now clear that there was a “flash drive” that included a copy of the signature sheet that ROT should have completed, printed and circulated.
This flash drive was provided by Ms. Mendenhall to Nancy Plencer, a vocal opponent of the Four Peaks Development, a known ROT supporter and one of the circulators who collected signatures. Although testimony at the Evidentiary Hearing is likely to provide additional detail, it appears that Ms. Plencer visited the Clerk’s office before the January 17 meeting, and anticipating that the Ordinance would be adopted, asked Ms. Mendenhall to provide her with the documents that would be necessary to file a Referendum to set is aside. Ms. Mendenhall provided the requested documents to Ms. Plencer on a flash drive. Contrary to the rumors, unless Ms. Plencer destroyed or misplaced it, the flash drive is not “missing”.
Larry Meyers’ admits that the Town Clerk provided ROT with the correct form before the signature sheets were completed, printed and circulated.
On March 24, 2024, Larry Meyers signed a “Rule 80 Declaration”. The Declaration was Meyers’ Sworn Statement submitted as an Exhibit to a Memorandum filed by ROT.
This following timeline is based on statements made by Mr. Meyers in his Rule 80 Declaration.
January 18, 2024
On the day after the meeting, where the zoning change was approved, Meyers went to Town Hall to “secure referendum materials”. Meyers alleges that Ms. Mendenhall provided him with the application ROT needed to complete and file before being assigned a Petition number. Meyers also states that Ms. Mendenhall gave him hard copies of signature sheets. Meyers’ Declaration (Paragraph 3).
Meyers states that following his visit to the Clerk’s office he returned home and scanned the signature sheets into his computer. According to Meyers these were the documents that he subsequently “became the petition sheets that were circulated.” (Paragraph 5) According to Meyers the back side of the signature sheet Ms. Mendenhall provided to him was pre-printed with the wrong petition number.
On January 23rd at 12:02 PM Meyers received an email from Ms. Mendenhall that attached a digital copy of the signature sheet to be used by ROT to collect signatures. Both sides of the sample signature sheet provided to ROT on January 23rd were pre-printed with the statements: “LOCAL ONLY” and Revised 01/12/2023 in the bottom left corner.

In the lower left corner of the Sample Petition sheet provided to ROT by the Town Clerk on January 23rd there was a rectangle in the lower left-hand corner that provided a blank space for the correct petition number to be inserted:

According to Meyers, at “about 2:30 p.m.” on January 23, he returned to the Clerk’s office where he presented the completed application to Ms. Mendenhall and was provided with the Petition number which was to be included on the signature sheets. Meyer’s goes on to state that after he returned to his home he “filled in” the petition serial number and began copying the Petition sheets for circulation. (See paragraph 7).
The bottom left corner of the back side of the hard copy signature sheet Meyers claims Ms. Mendenhall provided to him on January 18 was blank. The bottom right-hand corner of the back side of the signature sheet was preprinted with the incorrect petition number.

Mr. Meyer’s did not fill in the correct number on the back side of the signature sheet because “there was no room”.
Meyers acknowledges that he received the electronic copy of sample petition sheet that “left room” for the correct petition number to be inserted before he returned the completed application to the Clerk’s office and before the petition number was even assigned. Yet, Meyers opted to “complete,” print and circulate the sample signature sheet that left “no room” for the correct number to be inserted.
Meyers’ Sworn Statement does not adequately explain why he filled in the correct number on the front side of the signature sheet he scanned into his computer on January 18, but failed to do so on the back side. The only explanation he has offered is that he could not include the correct petition number because the designated space on the back side of the hard copy form was filled by an incorrect number. This explanation is likely to result in a pointed examination by the lawyers for the defendants during the Evidentiary Hearing. Why, didn’t Meyer’s contact Ms. Mendenhall when he recognized that there was no space for the correct number, to be inserted, on the back side of the form that she had allegedly provided to him? Why didn’t Meyer’s look at the back side of the signature sheet that Ms. Mendenhall had sent to him (just hours before) as an attachment to an email to determine if it provided a space for the correct number to be inserted?
Mr. Meyer’s sworn statement is enlightening to the extent he admits that Ms. Mendenhall provided ROT with an electronic copy of the correct signature sheet before he completed and printed them. But the sworn statement does not explain why Meyer’s took no action to ensure that the correct number was “filled in” on the back side of the signature sheets.
Even if ROT could prove that it was provided with a hard copy of the “wrong form” it will not affect the outcome of the litigation.
It is important to note that resolution of the factual dispute as to whether Ms. Mendenhall provided ROT with a sample form pre-printed with the wrong petition number is not likely to affect the Court’s decision on the merits of ROT’s claim. Even if ROT could meet its burden of proving that Ms. Mendenhall provided Mr. Meyers with a sample form that was pre-printed with the wrong number, ROT will not be absolved of its responsibility to comply with the requirements of the statute.
As the Petitioner, ROT had the sole responsibility for ensuring that the statute’s requirements were met. Under Arizona law a Referendum Petition is assigned a distinct number. The ROT Petition was assigned the number: REF2024-01.
Under Arizona law, both the front side and the back sides of the signature sheet must include the number assigned to that Petition in the lower right-hand corner. ARS§19-121(A)2. If the correct petition number is not printed on both the front and the back side in the lower right-hand corner the signature sheet cannot be accepted and the signatures on that sheet cannot be counted. ARS§19-121.01(A)(1)(c).
The validity of these strict requirements has been recognized by the Arizona courts and it is very unlikely that Judge Moskowitz will adopt ROT’s argument that the statute is unconstitutional. It is also unlikely that the Court will accept ROT’s alternative argument that because the correct number was printed on the front side, the fact that the wrong number was printed on the back side is a mere “technical error” and the signatures should be counted.
Under Arizona’s current law all it takes is a “technical error” to disqualify a Referendum Petition. This “strict compliance” statute, enacted by legislators, is designed and intended to preserve the authority of those legislators to make and change the law. Considering the many technical requirements that must be complied with, those seeking to overturn legislation through a Referendum would have been well advised to seek guidance from an “election law” attorney.
The failure of the attempted “end run”.
Given the strength of the Town’s and the Developer’s legal arguments it is not surprising that an “end run” around the litigation was attempted. In March, Councilmember Skillicorn proposed a resolution that would have directed the Town Attorney not to defend the Referendum Litigation. Skillicorn needed support from two other councilmembers to have the resolution added to the agenda for the next meeting. Councilmembers Toth and Friedel supported putting the resolution on the agenda.
The resolution was not adopted. Mayor Dickey and Councilmembers Gryzbowski, McMahon and Kalivianakis voiced their concern that if the litigation was not defended, a default judgment would be entered. In that event, the Town, the councilmembers, the Mayor and Linda Mendenhall would be deemed to have admitted every allegation in the Complaint, including the allegations of improper and illegal conduct.
Councilmembers and Friedel and Skillicorn disingenuously raised the cost of the defense as a justification for directing the Town Attorney not to defend the litigation. Both councilmembers must have been aware that the costs of the Towns’ defense is covered by an insurance agreement and there will be no out-of-pocket costs to the Town if the litigation proceeds.
Now it is for the Courts to decide the issue. The next step in this process is the May 21evidentiary hearing that will be held in Judge Moskowitz’s courtroom, located in the County Courthouse, 201 Jefferson St., East Building-914.
The proceedings will be open to the public.






WHEN CONSPIRACY THEORIES SPREAD LIKE WILDFIRE

Some #FountainHills residents flipped their lids recently with the story announcing the town’s social media request of residents to manage weeds on their properties, even launching into tirades about “big government’s” “money-making” initiative. The best way to silence conspiracy-theory ignorance is to go to the source for facts, and in this case, why property maintenance is important.
“Winter rains mean there is plenty of vegetation growing around the desert, and as the sun heats things up, the plants will dry out and become the flash fuels for wildfire in the summer season.
“Communities such as #FountainHills, the Verdes and North Scottsdale have a significant wildland urban interface, which brings fire hazards to the doorstep.
“Tonto National Forest provides much of the ‘wildland’ in the equation and officials have a close eye on conditions this year, according to Nick Castro, Fire Management officer at Tonto National Forest, Cave Creek Ranger District.
“’The globe chamomile does present us with some different challenges. In recent years, we have seen an increase in the amount of globe chamomile on the forest, specifically in the lower desert areas,’ Castro said in an email to The Times Independent. ‘This invasive species does add additional fine fuel loading to other invasive grasses, such as red brome. The result can be an increase in fire behavior.’
“Castro noted that the Ranger District has worked closely with #Firewise coordinators in the Verde Communities to assist in reducing fuels. A prescribed burn was recently scheduled on forest land adjacent to Rio Verde.
“In Fountain Hills there have been recent actions to help address the danger of wildfire. The Town Council has passed an ordinance directed at creating safe space around construction sites in desert areas. It allows for greater clearance within designated preservation zones around building sites.
“Also, the town’s code enforcement division is stepping up enforcement of weed control on residential and commercial lots and developed properties.
“The code officer will notify the property owner or tenant of violations and will assist with a solution. The property owner or tenant will be given a reasonable amount of time to correct the violation(s), according to a town release. Code enforcement can be reached at 480-816-5193.
“Fountain Hills Fire Department is also prepared to assist residents with advice on creating defensible space to protect their property and homes from wildfire. The defensible space is a 30-foot buffer around a structure where fuel has been reduced to slow the spread of an approaching fire toward the structure. This gives firefighters more opportunity to extinguish or control a fire before it reaches the structure.
“Invasive plants or grasses that grow during winter rains, dead brush and branches that create flash and ladder fuel for a fire should be removed within the buffer zone. Also, wood should not be piled adjacent to a structure, overhanging trees should be trimmed or removed and gutters cleaned. Details for creating defensible space can be found at the National Fire Protection Association Firewise website.
“Fire Department personnel will do a property inspection to provide homeowners with advice and specific suggestions for creating a defensible space. Residents can call the fire department non-emergency line to arrange an inspection at 480-816-5114.
“According to Castro, forest officials are keeping a close watch on conditions and talking with local partners, but there are no fire restrictions in place currently on Tonto National Forest.”
Skillicorn Is in Violation of the Code of Ethics
Last week, Councilperson Allen Skillicorn distributed an email in which he said, “I understand that I do not always take popular stances, but I never lie or misrepresent myself or conduct myself in an unethical manner.”
In that same email, Skillicorn said:
- “No one seriously believes I have violated our community’s standards of ethics. Their issue with me is not my conduct but rather my opposition to their radical agenda.”
- “The weaponization of our community’s ethics complaint process undermines our values. Having a disagreement is not unethical. What is unethical is the abuse of power. The Mayor and her allies are using technicalities in the law to punish their opponents and it is wrong.”
- “The Town Council is expected to vote on possible sanctions against me on March 19th. I hope you can make it to this meeting. The crowd for the last meeting was split between supporters and antagonists. If we had a large contingency of supporters, it might cause some of the members of the Town Council to think long and hard about what they are doing.”
“Please come to the Town Council meeting on Tuesday, March 19th. We need to let the Town Council know that political disagreements do not excuse the Mayor’s abuse of power.”
Residents who follow you would say that you lie often, Mr. Skillicorn. Residents would also say that you do, in fact, act unethically…and often.
According to the Fountain Hills Times Independent, “An independent attorney investigating ethics complaints for the Town of Fountain Hills has found that Councilman Allen Skillicorn is in violation of the Code of Ethics for the Town Council related to two incidents that occurred since September 2023.”
The independent investigating attorney also said, “I do not believe that such actions ‘affirm the dignity and worth of the services rendered by the town government and maintain a deep sense of social responsibility as a trusted public servant’.”
This same investigator said that she did not believe “legal sufficiency exists regarding a violation of the Town’s Code of Ethics by Councilman Skillicorn due to the protections afforded by the First Amendment” pertaining to your social media accounts. While that may exonerate you insofar as the investigation specific to the Town’s formal Code of Ethics, it certainly does not mean that your social media invectives do not constitute unethical behavior, stoking of community division, and bringing shame to Fountain Hills.
This is not about the mayor, despite your attempted conflation and ruse. It was not the mayor who “approached a town employee in an aggressive manner, making him fearful of his safety, attempting to access the interior of his truck, and making comments such as ‘you guys are really skating on thin ice,’ when that Town employee is simply doing the job he is paid to do on behalf of residents and community.” The audacity of you to portray innocence is a slap in the face to this Code Enforcement officer.
This is not about the Town Council, whose opinions you are now trying to sway with chaos after you previously implied that council colleagues had inappropriate contact or discussions with a developer related to a community zoning case (ethics violation #2).
You are sadly without remorse, Mr. Skillicorn. According to various media outlets you said that people are trying to “embarrass” you and that this is a “political smear.” Right from the “never admit guilt” playbook. You as a self-described “chaos agent” are attempting to live up to your social media moniker by bringing even more shame to Fountain Hills while doubling down on the disrespect and humiliation you meted out to town employee, council colleagues, and residents.
Now we will wait to see whether the antics you are employing are successful, or whether courage and justice prevail on March 19. Saying “sorry” seems like something you have never said in your political career, but now would be a good time to start for the sake of #FountainHills.
WHO IS TO BLAME FOR THE FAILED REFERENDUM?
WHO IS TO BLAME FOR THE FAILED REFERENDUM?
The Lawsuit
On March 4, 2024, the political action committee, Reclaim Our Town ( ROT), filed a lawsuit against the Town of Fountain Hills and eight individual defendants: Mayor Dickey; the six council members; and Linda Mendenhall, the Town Clerk. The lawsuit brought by ROT arises out of the failed referendum initiated by ROT which, had it been successful, would have put the issue of whether the change in zoning to allow for the proposed redevelopment of the Four Peaks Plaza was appropriate.
ROT printed the forms used to collect the signatures necessary to place the issue on the November ballot. The front side of the form provided space for the signatures and addresses of those supporting the Referendum Petition. The back side of the form provided for verification by the circulator that the individuals whose signatures and addresses were shown on the front of the sheet had signed the petition in their presence and that the circulator believed that the information provided was correct.
In Arizona, a Referendum Petition is assigned a distinct number. In this case, the Referendum Petition was assigned the number: REF2024-01. Under Arizona law both the front side and the back side of the signature sheets must include the number assigned to that Petition.
The number printed on the front side of the signature sheets circulated by ROT was correct. The number on the back side of the sheets, REF 2019-01, was not correct. It appears that the erroneous number used on the back side was assigned to the successful initiative to overturn the Town Council’s approval of the Daybreak Project, a proposed multifamily rental complex.
In the lawsuit ROT alleges that Ms. Mendenhall, in her official capacity, wrongfully and illegally determined that the signature sheets submitted by ROT did not comply with the requirements of state law because the Referendum Number on the back of the sheet did not refer to the correct Referendum Petition.
ROT is seeking “Injunctive Relief,” a legal remedy that amounts to an order entered by the Judge instructing a person or a party to refrain from taking a specific action or to perform a specific action. Specifically, ROT is asking the court to issue a Writ of Mandamus, an order by a court directed to a government official, to properly fulfill their official duties. In essence, ROT has asked the Judge to order Ms. Mendenhall to accept the faulty signature sheets and forward them to the county recorder for certification.
ROT BLAMES THE TOWN CLERK FOR ITS ERROR
After ROT was advised that the signature sheets were not in compliance with state law Ms. Cavanaugh published a post claiming that the Town had been working against the petitioners from the start and faulted the the Town Clerk for “carelessly giving us the wrong form”. Paragraph 18 of the Complaint alleges:
“These petition SERIAL NUMBERS were secured by Lawrence E. Meyers, Treasurer of Reclaim Our Town, from Town Clerk Mendenhall. Town Clerk Mendenhall also provided Meyers with a sample referendum petition sheet. (emphasis added)”
This allegation is interesting and deceptive. The use of the plural “serial numbers” implies that Ms. Mendenhall assigned two numbers to the Referendum Petition, when, in fact she assigned only one number: REF2024-01. It is also alleged that Ms. Mendenhall provided Meyers with a “sample referendum petition sheet” when, in fact, she provided a flash drive that included a number of documents.
Paragraph 19 of the Complaint alleges that:
“The referendum petition sheet provided by Town Clerk Mendenhall left a space for the petition serial number on the front of the petition, but on the back of the petition sheet this space was filled in with “REF2019-01” and there was no space for the applicant to place its petition serial number.”
Even if this allegation were true, ROT clearly had both the ability and the legal responsibility to ensure that both sides of the signature sheet were correctly numbered before circulating them. It is absurd to suggest that ROT had no ability to change the number on the back side of the form before printing them because “there was no space for the applicant to place its petition serial number. Twenty seconds and a swipe of “Wite-Out” would have left a clean space for ROT to place the correct number in the correct font size.
But more troubling is the evidence, as recently reported in the media, that the signature sheets were provided to the Petitioners on a flash drive. In response to a Records Request submitted by the Fountain Hills Times, the Town produced a flash drive containing the same documents that were provided to Mr. Meyers. According to the Fountain Hills Times there was no Referendum Petition number on the front of the signature sheet and no Referendum Petition number on the back side of the signature sheet. It should be noted, however, that Crystal Cavanaughdenies that the documents were provided on a flash drive and insists that the Town Clerk provided the erroneously numbered back page.
In assessing the seriousness of ROT’s attempt to blame the Town Clerk for its error it is important to take note of the suggestions on ROT-friendly social media that the Town was engaged in a conspiracy with the Four Peaks Developers to scuttle the Referendum. The allegation in the Complaint combined with with Ms. Cavanaugh’s unwarranted claim that the Town had been working against ROT from the start, and the unfounded rumors of a conspiracy have damaged the reputations of the Town, its officials and its employees.
In the course of this litigation ROT will have the burden of proving that it did not receive a blank back page from the Town Clerk and will be required to produce any documents, including any flash drive, that were given to them. If the documents do not include the sheet with the erroneously numbered back side, there could be serious consequences.
PENALTY OF PERJURY
In Arizona perjury is a crime: ARS §13-2702. Perjury is a Class 4 felony and punishable by up to three years and nine months in state prison. Under the statute, criminal perjury is defined to include: “A false unsworn declaration or statement in regard to a material issue that the person subscribes as true under penalty of perjury.”
The last page of ROT’s Complaint, the “Rule 80 Declaration” required in civil actions, provides:
I declare under penalty of perjury of the laws of the State of Arizona that the foregoing verified Complaint for Special Action is true and correct to the best of my knowledge and belief and that this Declaration is executed by me on the 4th day of March, 2024. In Maricopa County Arizona.
The Declaration is signed by ROT’s president, Crystal Cavanaugh.
DOES COUNCILMEMBER FRIEDEL MEAN WHAT HE SAYS?
Cap: Does Councilmember Friedel mean what he says?
Posted Friday, March 15, 2024 10:51 am
Pam Cap | Fountain Hills
The next council meeting will be a nail-biter. Especially when it comes to how Councilmember Friedel votes regarding Councilmember Skillicorn’s ethics violations.
Back in December when I read Friedel was running for Mayor, I sent him an email about Skillicorn’s attacks towards the LGBTQ+ community and residents.
This was his response: “Pam, thank you for sharing this with me. Let me make one thing clear please, Councilmember Skillicorn and I are polar opposites when it comes to our town. I don’t condone this kind of behavior and have very little tolerance or control over his personal behavior. I will have a conversation about this with others. Respectfully Gerry Friedel.”
So, on March 19, at the next council meeting, will mayoral candidate Gerry Friedel vote to admonish a councilmember who blatantly violated their code of ethics? Or will he vote along party lines to absolve him of wrongdoing? It will be very interesting to watch how he maneuvers around holding one of his own accountable for breaking the rules.
Friedel portrays himself as a defender for those that cannot defend themselves. His campaign states he will put Fountain Hills first. Putting Fountain Hills first means putting its people first. All of its people first. Can he live up to the image he is campaigning on? We will see.
Analysis: Referendum Litigation Update
Referendumgate?
The on-going litigation arising out of the failed Referendum effort has resulted in rumors of scandal and allegations of corruption. The litigation arises out of a zoning change, approved by the Town Council in January of 2024, to allow for the re-development of the Four Peaks Plaza.
The Political Action Committee, Reclaim Our Town (ROT) initiated a Referendum, that had it been successful, would have allowed voters to overrule the Town Council’s decision by placing the issue on the November General Election ballot. ROT collected the required number of signatures to have the matter placed on the ballot. However, after determining that the back side of all of the signature sheets was not printed with the correct Petition number, as required by Arizona law, the Town Clerk refused to accept the signatures sheets and the signatures on those sheets.
Councilmember Allen Skillicorn has been actively promoting the rumors. In a recent episode of “Skillicorn Scoops” Skillicorn promised to talk about “Referendumgate” and the “the flash drive scandal”. On March 26, 2024, Skillicorn skipped a meeting of the Town Council so he could travel to Tucson for a radio interview. During the interview Skillicorn, identifying himself as a Fountain Hills Town Councilman, accused the “Corruptocrats” of Fountain Hills of building lower income higher density housing as part of a “Great Replacement plan”. Skillicorn went on to suggest that the Councilmembers who voted in favor of the Four Peaks Development may have been motivated by the prospect of receiving “campaign cash” from the Developer.
Through recent pleadings filed in the litigation facts have been disclosed that effectively debunk the rumors. ROT has not formally addressed or even acknowledged the significance of these facts or attempted to quash the rumors of corruption and cover-up.
The Referendum will not be on the November ballot.
An evidentiary hearing has been scheduled for May 21, 2024, before the Hon. Frank Moskowitz. Judge Moskowitz will rely on the evidence presented during the hearing to reach a determination as to whether ROT is entitled to the Injunctive Relief it requested in its Complaint.
ROT has asked the court to issue a Writ of Mandamus, an order directing a government official (here, the Town Clerk, Linda Mendenhall) to fulfill her ‘official duty”. To put it simply: ROT has asked Judge Moskowitz to order Ms. Mendenhall to accept the faulty signature sheets and forward them to the county recorder for certification.
In the unlikely event that Judge Moskowitz issues the requested order at the conclusion of the May 21st hearing, the Referendum would not be put on the November ballot. The Defendants, (which include the Developer, Sandor Development Company) will almost certainly file an appeal with the Arizona Court of Appeals. Even if an anticipated request for an expedited review is granted, it would take months for the Court to issue a ruling. If the Court of Appeals decided the issue in ROT’s favor the Defendants would be entitled to seek additional review from the Arizona Supreme Court.
Even if an appeal is not filed there would not be enough time for ROT to meet all the other requirements imposed by Maricopa County to place a Referendum on a ballot. Sending the signature sheets to the County Recorder is just one step in a lengthy process.
ROT’s failure to disclose relevant facts
It is unlikely that the rumors of scandal and corruption would be circulating if ROT had been forthcoming in disclosing all the facts. For months ROT led the public to believe that prior to the time they completed, printed, and circulated the signature sheets they were not provided with the correct forms. Had they disclosed this fact there would have been no basis for the rumor that the Town was “conspiring” with the Developer to defeat the Referendum. These facts will be presented to the Court during the evidentiary hearing. Where the following will be put on the record:
There was a flash drive.
Linda Mendenhall, the Town Clerk did, in fact provide a flash drive containing the correct signature sheets to an individual she reasonably believed to be a representative of the opponents of the Four Peaks Development. This flash drive was given to Nancy Plencer, a ROT supporter and vocal opponent of the Four Peaks Development. Ms. Plencer visited the Clerk’s office and requested the documents necessary to file a Referendum to set aside the Town Council’s anticipated prior to the January meeting. Ms. Mendenhall provided these documents, including sample signature sheets, to Ms. Plencer on a flash drive.
ROT was provided with digital copies of the correct signature sheet before the Signature Sheets were completed, printed or circulated by ROT.
Before the Referendum Petition Application was filed and the Petition Number assigned, the Town Clerk, Linda Mendenhall, sent an email to Larry Meyer’s, ROT’s Treasurer, attaching a digital copy of the correct signature sheet.
Stepping back.
The significance of these disclosures may not be apparent to readers unfamiliar with the background of this litigation. Others may benefit from a brief recounting of the events leading to the failed Referendum. ROT opposed Ordinance 2024-01. The Ordinance amended the Town’s Official Zoning Map by changing the zoning for a 6.7-acre parcel at the southeast corner of Shea Boulevard and Technology Drive known as Four Peaks Plaza. The change to the Official Zoning Map was necessary for the mixed use (residential and commercial) development, proposed by Sandor, to proceed.
After a majority of the Town Council approved the change ROT initiated a Referendum. If a majority of the voters sided with ROT, the Town Council’s determination that the zoning change was in the Town’s interest and consistent with its strategic plan would be effectively overruled.
To have the zoning change placed on the ballot for voters to decide ROT was required to obtain 1,084 signatures from registered voters. ROT was able to collect 1,816 signatures. However, when ROT attempted to submit the signature sheets to the Town Clerk they were rejected because they did not comply with the requirements of the applicable statute.
In Arizona a Referendum Petition is assigned a distinct number. In this case, the Referendum Petition was assigned the number: REF2024-01. Under Arizona law both the front side and the back side of the signature sheets must include the number assigned to that Petition.
It is undisputed that ROT, as the Petitioner, was responsible for completing and printing the petition sheets used to collect the signatures necessary to place the Referendum on the ballot. The signature sheets had two sides. The front side of the signature sheet provided space for the signatures and addresses of those supporting the Referendum Petition. The back side of the signature sheets provided for verification by the circulator that the individuals whose signatures and addresses were shown on the front of the sheet had signed the petition in their presence and that the circulator believed that the information provided was correct.
The number printed on the front side of the signature sheets circulated by ROT (REF2024-01) was correct. The number printed on the back side of the sheets (REF2019-01 or REF2019-) was not correct. It has been determined that the erroneous number, REF2019-01, preprinted on the signature sheet ROT’s circulated had been assigned to the successful Referendum Petition that overturned the Town Council’s approval of the Daybreak Project.
In its lawsuit ROT alleges that Ms. Mendenhall, in her official capacity, wrongfully and illegally, determined that the signature sheets submitted by ROT did not comply with the requirements of state law because the Referendum Number on the back of the signature sheet did not refer to the correct Referendum Petition.
In its Complaint ROT also alleges that Ms. Mendenhall is responsible for the fact that the back side of the signature sheets did not include the correct Petition number. Paragraph 18 of the Complaint alleges:
T
These petition serial numbers were secured by Lawrence E. Meyers, Treasurer of Reclaim Our Town, from Town Clerk Mendenhall. Town Clerk Mendenhall also provided Meyers with a sample referendum petition sheet.
Paragraph 19 of the Complaint alleges that:
The referendum petition sheet provided by Town Clerk Mendenhall left a space for the petition serial number on the front of the petition, but on the back of the petition sheet this space was filled in with “REF2019-01” and there was no space for the applicant to place its petition serial number. (emphasis added)
ROT does not allege that it could not have used available “technology” (Wite Out or white tape) to print over a number that was obviously different from the one that it had been assigned. ROT has offered an explanation as to why it did not contact Ms. Mendenhall to ask why the back sheet of the hard copy signature sheet, she allegedly provided to Meyers left “no space for the applicant to place its petition serial number.”
Facts revealed in recent pleadings filed with the Court, including Mr. Meyer’s sworn statement, provide a more complete picture of the events and debunk the rumors of collusion and corruption, that have been circulating since March.
The Facts Develop.
It is now clear that prior to the date the petitions were printed and circulated, Ms. Mendenhall provided ROT’s Treasurer, Larry Meyers with an electronic copy of the signature sheet that should have been used to collect signatures. This electronic copy of the correct signature sheet was not provided through a flash drive but as an attachment to an email. In this electronic copy both the front and back sides of the form had a designated blank space where the correct Petition number could have been added.
There is no “missing” flash drive.
Before reviewing the facts set out in Mr. Meyer’s recently filed Sworn Statement it is necessary to address the “missing flash drive” one of the underpinnings of “Referendumgate scandal”. It is now clear that there was a “flash drive” that included a copy of the signature sheet that ROT
should have completed, printed, and circulated.
This flash drive was provided by Ms. Mendenhall to Nancy Plencer, a vocal opponent of the Four Peaks Development, a known ROT supporter and one of the circulators who collected signatures. Although testimony at the Evidentiary Hearing is likely to provide additional detail it appears that Ms. Plencer visited the Clerk’s office before the January 17th meeting and anticipating that the Ordinance would be adopted asked Ms. Mendenhall to provide her with the documents that would be necessary to file a Referendum to set is aside. Ms. Mendenhall provided the requested documents to Ms. Plencer on a flash drive. Contrary to the rumors, unless Ms. Plencer destroyed or misplaced it, the flash drive is not “missing”.
Larry Meyers’ admits that the Town Clerk provided ROT with the correct form before the signature sheets were completed, printed and circulated.
On March 24, 2024, Larry Meyers signed a “Rule 80 Declaration”. The Declaration was Meyers’ Sworn Statement submitted as an Exhibit to a Memorandum filed by ROT. The Sworn Statement can be viewed by following this link. *****
This following timeline is based on statements made by Mr. Meyers in his Rule 80 Declaration.
January 18, 2024
On the day after the meeting, where the zoning change was approved, Meyers went to Town Hall to “secure referendum materials”. Meyers alleges that Ms. Mendenhall provided him with the application ROT needed to complete and file before being assigned a Petition number. Meyers also states that Ms. Mendenhall gave him hard copies of signature sheets. Meyers’ Declaration ¶3
Meyers states that following his visit to the Clerk’s office he returned home and scanned the signature sheets into his computer. According to Meyers these were the documents that he subsequently “became the petition sheets that were circulated.” ¶5 According to Meyers the back side of the signature sheet Ms. Mendenhall provided to him was pre-printed with the wrong petition number.
January 23, 2024
On January 23rd at 12:02 PM Meyers received an email from Ms. Mendenhall that attached a digital copy of the signature sheet to be used by ROT to collect signatures. Both sides of the sample signature sheet provided to ROT on January 23rd were pre-printed with the statements: “LOCAL ONLY” and Revised 01/12/2023 in the bottom left corner.
In the lower left corner of the Sample Petition sheet provided to ROT by the Town Clerk on January 23rd there was a rectangle in the lower left-hand corner that provided a blank space for the correct petition number to be inserted:
According to Meyers, at “about 2:30 PM” on January 23rd he returned to the Clerk’s office where he presented the completed application to Ms. Mendenhall and was provided with the Petition number which was to be included on the signature sheets. Meyer’s goes on to state that after he returned to his home he “filled in” the petition serial number and began copying the Petition sheets for circulation. ¶7.
The bottom left corner of the back side of the hard copy signature sheet Meyers claims Ms. Mendenhall provided to him on January 18th was blank. The bottom right-hand corner of the back side of the signature sheet was preprinted with the incorrect petition number.
Mr. Meyer’s did not fill in the correct number on the back side of the signature sheet because “there was no room”.
Meyers acknowledges that he received the electronic copy of sample petition sheet that “left room” for the correct petition number to be inserted before he returned the completed application to the Clerk’s office and before the petition number was even assigned. Yet, Meyers opted to “complete”, print and circulate the sample signature sheet that left “no room” for the correct number to be inserted.
Meyers’ Sworn Statement does not adequately explain why he filled in the correct number on the front side of the signature sheet he scanned into his computer on January 18th but failed to do so on the back side. The only explanation he has offered is that he could not include the correct petition number because the designated space on the back side of the hard copy form was filled by an incorrect number. This explanation is likely to result in a pointed examination by the lawyers for the defendants during the Evidentiary Hearing. Why, didn’t Meyer’s contact Ms. Mendenhall when he recognized that there was no space for the correct number, to be inserted, on the back side of the form that she had allegedly provided to him? Why didn’t Meyer’s look at the back side of the signature sheet that Ms. Mendenhall had sent to him (just hours before) as an attachment to an email to determine if it provided a space for the correct number to be inserted?
Mr. Meyer’s Sworn Statement is enlightening to the extent he admits that Ms. Mendenhall provided ROT with an electronic copy of the correct signature sheet before he completed and printed them. But the Sworn Statement does not explain why Meyer’s took no action to ensure that the correct number was “filled in” on the back side of the signature sheets.
Even if ROT could prove that it was provided with a hard copy of the “wrong form” it will not affect the outcome of the litigation.
It is important to note that resolution of the factual dispute as to whether Ms. Mendenhall provided ROT with a sample form pre-printed with the wrong petition number it is not likely to affect the Court’s decision on the merits of ROT’s claim. Even if ROT could meet its burden of proving that Ms. Mendenhall provided Mr. Meyers with a sample form that was pre-printed with the wrong number, ROT will not be absolved of its responsibility to comply with the requirements of the statute.
As the Petitioner, ROT had the sole responsibility for ensuring that the statute’s requirements were met. Under Arizona law a Referendum Petition is assigned a distinct number. The ROT Petition was assigned the number: REF2024-01.
Under Arizona law both the front side and the back side of the signature sheet must include the number assigned to that Petition in the lower right-hand corner. ARS§19-121(A)2. If the correct petition number is not printed on both the front and the back side in the lower right-hand corner the signature sheet cannot be accepted and the signatures on that sheet cannot be counted. ARS§19-121.01(A)(1)(c).
The validity of these strict requirements has been recognized by the Arizona courts and it is very unlikely that Judge Moskowitz will adopt ROT’s argument that the statute is unconstitutional. It is also unlikely that the Court will accept ROT’s alternative argument that because the correct number was printed on the front side the fact that the wrong number was printed on the back side is a mere “technical error” and the signatures should be counted.
Under Arizona’s current law all it takes is a “technical error” to disqualify a Referendum Petition. This “strict compliance” statute, enacted by legislators, is designed and intended to preserve the authority of those legislators to make and change the law. Considering the many technical requirements that must be complied with, those seeking to overturn legislation through a Referendum would have been well advised to seek guidance from an “election law” attorney.
The Failure of the Attempted “End Run”.
Given the strength of the Town’s and the Developer’s legal arguments it is not surprising that an “end run” around the litigation was attempted. In March, Councilmember Skillicorn proposed a “Resolution” that would have directed the Town Attorney not to defend the Referendum Litigation. Skllicorn needed support from two other councilmembers to have the Resolution added to the agenda for the next meeting. Councilmembers Toth and Friedel supported putting the Resolution on the agenda.
The Resolution was not adopted. Mayor Dickey and Councilmembers Gryzbowski, McMahon and Kalivianakis voiced their concern that if the litigation was not defended a default judgment would be entered. In that event, the Town, the councilmembers, the Mayor and Linda Mendenhall would be deemed to have admitted every allegation in the Complaint, including the allegations of improper and illegal conduct.
Councilmembers and Friedel and Skillicorn disingenuously raised the cost of the defense as a justification for directing the Town Attorney not to defend the litigation. Both councilmembers must have been aware that the costs of the Towns’ defense is covered by an insurance agreement and there will be no out of pocket costs to the Town if the litigation proceeds.
Now it is for the Courts to decide the issue. The next step in this process is the May 21st evidentiary hearing that will be held in Judge Moskowitz’s courtroom, located in the County Courthouse, 201 Jefferson St., East Building-914. The proceedings will be open to the public.
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