Carefree Truth
Issue #650, June 1, 2018
Carefree Councilman Crane Seeks Re-election Within the Law
In response to my challenge to Town of Carefree term limits, the Superior Court of Arizona determined the Town ordinance imposing term limits is in violation of the State Constitution and State law. Please allow me to share background information and explain my thoughts.
Judge Hegyi found that towns, such as Carefree, lack the ability to impose term limits on their elected officials absent express authority from the State Legislature. The Judge wrote, “The legislature has, however, expressly authorized towns to determine the length of their officials’ terms of office, alternative processes for electing a mayor, and the ability to create council districts.” He added, “The fact that the legislature did not expressly empower towns to impose term limits implies an intent not to confer that authority.”
Why challenge the term limit ordinance now? Since the 2011 imposition of Carefree term limits by voter initiative, Town Staff has been aware that the legality of our ordinance was questionable. My informal discussions with notable municipal attorney Bill Sims and, then, a League of Cities and Towns attorney in the summer of 2017, reinforced my view that our ordinance was unenforceable. As the first Town Council member to have served three terms and to have the desire to seek another term, despite the term limit ordinance, it was important that I had ‘standing’, or had been harmed, by the ordinance when my challenge was filed or risk case dismissal. In April 2018, I was collecting signatures and the Town intended to enforce the ordinance. I was confident that I had standing to challenge the ordinance. Those who signed my petitions were made aware of my intention and their support gave me additional confidence.
The Rule of Law. Local government is the only level of government that works. It is closest to the people. Citizens know us and visit with us. Local government must not only be transparent and responsive, it must follow the Rule of Law. The Rule of Law restricts the arbitrary exercise of power contrary to existing law. Carefree term limits, as ruled by Judge Hegyi, violate State Law.
Oath of Office: All Carefree Council Members swear to support “the Constitution and the laws of the State of Arizona.” To knowingly continue to stand by while the Town enforced an unlawful ordinance would be a violation of that oath.
When Mayor Schwan stepped down, the Town found itself with a split Council and unable to appoint a successor. I suggested turning to external legal counsel for guidance to understand our existing ordinances and precedence for moving forward. This approach was not designed to pick favorite candidates, but to determine how to operate our government within the rules. The term limit ordinance legal discussion is no different. The issue is not term limits. The issue is operating Carefree government within the rules.
My belief in the Rule of Law and the meaning of my oath of office prompted me to engage an attorney at my expense. As the prevailing party, the judge may order the Town to pay my attorney costs. Should that occur, I will use my political contributions to pay that cost to zero.
In this election cycle, I will have and will exercise my right to run to be your Councilman and you will have the right to vote for me or not vote for me. That’s the law.
John Crane
Carefree Councilman