Dust on, dust off
By Linda Bentley | June 25, 2008
Referendum limbo could still change from no to go
CAVE CREEK – The dust ordinance saga took another turn as Town Clerk Carrie Dyrek returned from vacation on Monday.
According to Dyrek, neither the mayor nor the town manager has the authority to override the clerk’s decision to not place the dust ordinance referendum on the ballot. Dyrek said the decision was based on the town attorney’s opinion council’s vote to pass the ordinance was an administrative act rather than a legislative act and therefore not referable.
In his opinion, Attorney Cliff Mattice said he realized Maricopa County Judge Peter Swann’s decision to remove the Scottsdale dust ordinance referendum from the ballot was not precedent-setting, but used it as guidance.
However, that left Sonoran News Publisher/Editor Don Sorchych, who filed the referendum, in somewhat of a quandary this past Monday, as he relied on Mayor Vincent Francia’s announcement on June 17 that the referendum would, in fact, be placed on the ballot.
Meanwhile, the time for appealing Dyrek’s decision to not place the referendum on the ballot had expired.
According to state statute, Sorchych would have had to apply for a writ of mandamus with Maricopa County Superior Court to compel Dyrek to file the referendum to be placed on the ballot within ten days from the time he received Dyrek’s letter.
Because Sorchych relied on what the mayor told him last Tuesday, Dyrek said the town would not raise any objection to him filing late.
That means Sorchych could still file. However, Sorchych said he would only entertain filing if there are enough interested parties. And, by “interested” he means willing to assist financially with the legal challenge.
Interested parties should contact Sorchych as soon as possible at 480-488-2021 ext. 25.