Carefree Truth
                    Issue #652, June 8, 2018


(Lyn's note: There were a number of speakers who addressed this and other vital interrelated subjects.  In order to do each justice, I will be sending out a series of Carefree Truth issues in fairly quick succession from the June 5th Council meeting Call to the Public segment.  With an election coming up in August, it is particularly important for you, as voters, to be aware of the comments and opinions expressed herein.  If you've never watched any of the videos that always accompany Carefree Truth newsletters, I would ask that you take the time to not only read what I write, but to watch each of these videos.  So many times, voice tone, body language and facial expressions say far more than words.  Thank you.)


During Call to the Public, Vice Mayor John Crane went down to the podium to address the meeting as an individual citizen.  Due to the nature of the subjects to be discussed, Mayor Les Peterson waived the normal 3 minute time limit for those wishing to speak on these subjects.


Vice Mayor Crane wished to clarify his challenge to the Town of Carefree's term limit ordinance, which the Superior Court of Arizona found in his favor.  He explained that the Judge determined the ordinance imposing term limits was in violation of the State Constitution and State law.  The Judge found that towns such as Carefree lacked the ability to impose term limits on their elected officials without express authority from the State Legislature. 



Term limits were approved by the voters through an initiative in 2011.  The staff was aware of legality questions relative to the ordinance and Mayor David Schwan spoke about it.  In the summer of 2017 at the League of Cities and Towns meeting, the Vice Mayor spoke with Bill Sims, a noted municipal attorney, and with a League attorney.  Both said the ordinance was unlawful.


John Crane is the first Council member to have served 3 terms with the desire to continue serving.  In order to challenge the ordinance without the probability of it being dismissed, the challenger must have "standing" in the court due to being harmed by the ordinance, which is why Mr. Crane waited until now to file his challenge.  In April of this year, he was told that the Town intended to enforce the ordinance and reject his nomination petitions.  



The Rule of Law restricts the arbitrary exercise of power contrary to existing law.  Local government must not only be transparent and responsive; it must follow the Rule of Law.
"I took an oath of office that means something.  All Carefree Council members swear to support, and I quote, 'The Constitution and the Laws of the State of Arizona', close quote.  To knowingly continue to stand by while the Town enforces an unlawful ordinance would be in violation of this oath.  I believe in the oath and what it means."


When Mayor Schwan stepped down (Lyn's note: For those of you who don't know, David Schwan was diagnosed with an aggressive form of ALS, which is why he resigned his position of Mayor.)  the Council was split 3 to 3 on his successor.  Councilman Crane suggested turning to an outside legal council to gain understanding of an unclear ordinance and to establish a precedence moving forward, ensuring that the Town government operated within the rules.  Vice Mayor Les Peterson became the Mayor.  The term limit discussion is no different.  The issue is not term limits; it's Carefree government operating within the rules.


In April, at his sole expense, Vice Mayor Crane hired an attorney to review the legality of the Town ordinance.  As the prevailing party, the Judge may order the Town to pay his attorney costs.  Should that occur, he would use any political contributions to pay the cost to zero, which he has publicly stated in Carefree Truth and has sent to the Sonoran News.  "In this election cycle, I will exercise my right to run as a councilman and you, the citizens of Carefree, will have the right to vote for me or not vote for me."  The voters have the right to vote out incumbents every 2 years, the right to recall, the right to lobby the State Legislature to change the law, and the right to lobby the Town Council to become a charter city which can impose term limits legally.  The Town does not have the right to have an unlawful ordinance, even if the citizens want it.  This is not about term limits; it's about the Rule of Law.  The Vice Mayor was willing to take the risk and did what he thought was right.


Vice Mayor Crane went on to address a topic he personally found extremely unpleasant.  For nearly 6 years he has sat on the dias with Councilman Mike Farrar.  For the most part, they had a respectful and good working relationship.  But recent events have left the Vice Mayor deeply disappointed.  Within the past few months, Councilman Farrar has numerous times made up stories to further his position at the expense of Vice Mayor Crane and others.  "I at first made the mistake of ignoring these lies.  I can no longer do that.  I very much dislike doing what I must do.  If I do not say it, he will continue to destroy my 62 years reputation, nearly half of which has been in Carefree, built on integrity and hard work." On the matter of legal costs, as the prevailing party, the Judge ordered the Town to pay his attorney's costs.  Should that occur, he has committed to use any political contributions he receives to pay his costs down to zero in order not to burden the Town.


On June 2nd, Councilman Farrar filed a motion with the Court that was packed with fabrications and lies.  He falsely alleged that Mayor Les Peterson provided the funds to hire an attorney to overturn Carefree's term limits.  On FaceBook Councilman Farrar posted a claim that the Vice Mayor was the source of that information.  "The Councilman is a liar!"  The motion declares, under penalty of perjury, that this and the other lies in his motion are true.  "He has perjured himself."  In response, Vice Mayor Crane filed an affidavit rebutting his smear claims and setting the record straight.  Copies of the affidavit were available at the meeting and it can be seen in the attachment with this Carefree Truth email edition.  "I have funded my case entirely, without assistance or commitment from ANYONE."



Prior to April, Vice Mayor Crane had 3 discussions with Councilman Farrar about term limits and filing a suit against the Town, since he was also termed out.  He was always sympathetic but at the second meeting he declined to join in the suit due to concern that it would adversely affect his political aspirations.  He was more receptive at the third meeting, saying he might participate.  On May 25th, he wrote to the Mayor in the public record, "As I had indicated to John, I do not wish to go against the will of our citizens".  He never said anything even remotely close to that to Vice Mayor Crane.  "The Councilman is a liar."



On May 7th Councilman Farrar wrote, again in the public record, to Councilman Mike Krahe and copying the entire Council, a violation of the Open Meeting Law, that the Mayor told him, in front of Vice Mayor Crane, that he would block him (Mr. Farrar) at every turn on any task he undertook for the betterment of the community.  "That is a total fabrication."

When the conversation took place before the May Council meeting, the Mayor told Councilman Farrar he would not support spending Town funds for Memorial Day wreaths to use in the amphitheater when he thought they should be used in a cemetery.  "I heard every word.  The Mayor NEVER stated that he would block you at every turn.  The Councilman lied.  He used my presence as a foil for the lie."


One the same afternoon, Councilman Farrar stood before the public in a bid to secure money for wreaths and stated that no Town funds were being spent for the Memorial Day event.  He said, "The Memorial Day budget is zero dollars.  We have put this together with no cost to the Town".  The Town was spending money to support this.  This time, the lie was recorded. 



At the April Council meeting, Councilman Farrar stated words to the effect that Civana President and CEO, Kevin Kelly, had told him that Carefree's marketing program was incongruous...  Vice Mayor Crane was interrupted by Glenn Miller, who accused him of campaigning.  The Vice Mayor responded that he was clearing his name.  Mr. Miller replied, "Clearing your name, my ass", calling it "a shame".  Mayor Peterson told Mr. Miller, "One more outburst and I'm going to ask for you to be removed".  Returning to his comments, the Vice Mayor noted that a couple of weeks later the Mayor, Councilwoman Cheryl Kroyer, Director of Marketing Gina Kaegi, Town Administrator Gary Neiss, and he had lunch with Kevin Kelly.  Mr. Kelly disputed that as something he would ever say in regards to the marketing program.  He followed the conversation with a letter further clarifying his position. "You were all witnesses to his comments.  The Councilman lied."  (Lyn's note: That letter was published in Carefree Truth Letters from Readers on May 30th.  In that letter, Mr. Kelly also endorsed Mayor Peterson.)


Vice Mayor Crane went on to talk about Councilman Farrar's endorsements.  "Things come and go."  On May 30th, former Mayor Wayne Fulcher felt compelled to publicly declare in writing that the Councilman stop saying he endorsed Mike Farrar.  Former Vice Mayor Lloyd Meyer verbally did the same.  "The Councilman lied."



Mike Farrar wants to be Mayor so badly he can't tell fact from fiction.  Now he brings his delusional thinking, and outright lies to Carefree.  Making up stories, playing politics, he's perjuring himself.  "I will place my reputation, integrity, hard work and my character against that of Mr. Farrar any time.  Councilman, you are working to destroy me, you are dividing the town with lies and fabrications, and I won't stand for it.  The town needs solutions for water, roads and economic development, not conspiracies and lies.  We don't need a Councilman or Mayor who has no regard for the Rule of Law.  If you continue to lie, I will call you at every turn.  If you continue to lie, I will take whatever legal action is needed, no matter the cost.  Because, unlike yourself, I value my reputation and I will not allow you to destroy it.  So, what's next?  Councilman Farrar will speak and call the Mayor, Gary Neiss, me, and prior Councilmen liars.  He will be dramatic.  He will do what he does best; he'll lie to you.  In the public, after this, I may be pummeled for what I have done, but I will stand by it.  Thank you." 


https://vimeo.com/273777723


Lyn Hitchon

Prepared by Carefree Truth
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