Carefree Truth
Issue #667, July 12, 2018
(Lyn's note: I have turned this issue of Carefree Truth over to Vice Mayor John Crane to bring all of you up to speed on what has happened concerning Councilman Mike Farrar's Motion to Reconsider, and Vice Mayor Crane's subsequent actions. The Declaration below, submitted to the Court, addressed the "fabrications" stated in paragraphs 3-5 in Mr. Farrar's Motion.)
The perjury investigation initiated by Carefree Town Attorney Mike Wright into Mr. Farrar's false accusations stated in the Motion and signed by Mr. Farrar "under penalty of perjury" against Mr. Wright and his law firm, Sherman Howard, is ongoing.)
Dear Readers;
Last week Judge Hegyi denied Councilman Farrar’s Motion to Reconsider the Judge’s ruling that the Carefree term limit ordinance was unenforceable and contrary to State law and the State Constitution. Attached please find the Judge’s minute entry denying Councilman Farrar’s motion. The Judge wrote, “IT IS ORDERED, denying the motion for the reasons stated in the response.”
What were the reasons stated in the response? Attached please find my response to Councilman Farrar’s Motion to Reconsider. The reasons stated in the response include:
As stated in the Judge’s minute entry the Judge agrees with the above listed reasons to deny Councilman Farrar’s politically motivated and groundless Motion.
Also note, although I have personally funded my legal challenge to the Town term limit ordinance, including Councilman Farrar’s baseless Motion to Reconsider, and have repeatedly stated in writing and publicly that no Town funds would be used to fund my challenge, Councilman Farrar asked the Town to fund his challenge to the Judge’s ruling. As Councilman Farrar wrote to the Judge, he wanted the Town to pay for his politically motivated legal maneuvers and essentially fund a major plank of his campaign. Maybe this is some of the waste Councilman Farrar pledges to eliminate should he become Mayor.
Best regards,
John Crane
Candidate for Carefree Town Council
Judge Hugh Hegyi ruled on July 5, not only is the town “enjoined from taking any action to enforce Proposition 421, passed at the March 8, 2011 town election and the portions of Ordinance 2016-01 that codify Proposition 421,” but Carefree must also pay $9,835.00 for Crane’s attorney’s fees as well as $322.00 for court costs, a total of $10,157.
FYI: I filed a Notice of Satisfaction with the Court. This means I have officially forgiven the Town’s debt to me regarding the term limit action.
When the stamped copy is available, Mike Wright and the Town will receive a copy through the Court.
Best regards,
John Crane
Dear Readers;
Last week Judge Hegyi denied Councilman Farrar’s Motion to Reconsider the Judge’s ruling that the Carefree term limit ordinance was unenforceable and contrary to State law and the State Constitution. Attached please find the Judge’s minute entry denying Councilman Farrar’s motion. The Judge wrote, “IT IS ORDERED, denying the motion for the reasons stated in the response.”
What were the reasons stated in the response? Attached please find my response to Councilman Farrar’s Motion to Reconsider. The reasons stated in the response include:
- Farrar’s Motion to Reconsider is intended to be a political document more than an effort to convince the court to reverse itself.
- Carefree could implement term limits had we decided to become a charter city, but we have not done so. Therefore, we need to live within the powers enumerated by the Constitution and the Legislature.
- Paragraphs 3 through 5 of the motion to reconsider contain simple fabrications.
- The Town did what it could to defend the ordinance, but the term limits ordinance is not authorized by Arizona law and as such is null and void.
- The tight deadline to reach a decision imposed by the Court was sufficient and required by timing considerations.
- The right to initiative and referral only apply on matters the municipality “has been empowered by general laws [passed by the Legislature] to legislate”. If a town does not have the power to begin with, its voters have not suddenly been give that power by the Voter Protection Act.
As stated in the Judge’s minute entry the Judge agrees with the above listed reasons to deny Councilman Farrar’s politically motivated and groundless Motion.
Also note, although I have personally funded my legal challenge to the Town term limit ordinance, including Councilman Farrar’s baseless Motion to Reconsider, and have repeatedly stated in writing and publicly that no Town funds would be used to fund my challenge, Councilman Farrar asked the Town to fund his challenge to the Judge’s ruling. As Councilman Farrar wrote to the Judge, he wanted the Town to pay for his politically motivated legal maneuvers and essentially fund a major plank of his campaign. Maybe this is some of the waste Councilman Farrar pledges to eliminate should he become Mayor.
Best regards,
John Crane
Candidate for Carefree Town Council
Judge Hugh Hegyi ruled on July 5, not only is the town “enjoined from taking any action to enforce Proposition 421, passed at the March 8, 2011 town election and the portions of Ordinance 2016-01 that codify Proposition 421,” but Carefree must also pay $9,835.00 for Crane’s attorney’s fees as well as $322.00 for court costs, a total of $10,157.
FYI: I filed a Notice of Satisfaction with the Court. This means I have officially forgiven the Town’s debt to me regarding the term limit action.
When the stamped copy is available, Mike Wright and the Town will receive a copy through the Court.
Best regards,
John Crane
