VOL. 17 ISSUE NO. 19   |   MAY 11 – 17, 2011

MAY 11, 2011

Greetings City of Scottsdale

Herein please find complaints and allegations of misconduct, conflict of interest, malfeasance, deflection of duty and conspiracy within departments to deprive the citizens of Scottsdale their rights for enforcement of the law and protection from basic public safety issues.

The totality of several isolated accounts expressed herein provides a general overview, enabling the ability of a normal person to group facts together and draw logical conclusions.

I believe elements of the Scottsdale Police Department are compromised, conflicted and are not capable of prioritizing the protection of the citizens first and foremost. When citizen’s pleas for law enforcement to address drinking in parked cars and the littering and the crime that goes along with it on residential streets falls on deaf ears in the Scottsdale Police Department, it raises questions and citizens frustration. Non-enforcement of noise ordinances frustrates residents, business owners and hotel guests. These and other law enforcement issues have reached an all-time high since the explosion of bars in downtown Scottsdale.

November 7, 2011: Noise Ordinance. The Scottsdale City Council passed a noise ordinance. To facilitate the enforcement of this ordinance, it was required to procure decibel meters and train Scottsdale Police Officers in their proper use. As admitted in a May, 3, 2011, City Council meeting, it has not happened yet.

1) Could the tools and training have been assembled earlier?
2) What is the real reason for the delay?
3) Did a conspiracy exist between Code Enforcement and The Scottsdale Police Department to deliberately stall the implementation of the enforcement provisions  of the noise ordinance?

April 3, 2011: Lieutenant Stauffer Event. This was the rollout weekend for The Spanish Fly bar. The outdoor music was so loud during the afternoon hours we had several complaints from clients. I also know for a fact, other neighbors complained. It was loud and thumping inside my business. Several calls were made to Scottsdale Police. Initially I was told enforcement was impossible because the training for the decibel monitoring was expensive, complicated and slow. Then I was told enforcement was politically sensitive. One officer even told me I had to tolerate the music because bar’s have the right to satisfy their customers. I eventually contacted Commander Cervantes and then had a visit from Lieutenant Stauffer. I was visited by Lieutenant Stauffer who told me I had to work it out with the offending bar owner. The music was turned down for a while but went right back up.

This was a legitimate complaint. Why was there such a resistance to enforce the law and why was I asked to handle the situation myself?

April 21, 2011: Lieutenant Stauffer Event. In a telephone message, Lieutenant Stauffer’s campaign manager inferred I was trying to get law enforcement in exchange for campaign support. I vehemently denied this, expressed my support for Sheriff Arpaio and filed a complaint with Commander Cervantes. At that point I expressed my concern as to having a candidate running for Sheriff’s Office in command of issues relating to the bar business in downtown Scottsdale and possible conflicts of interest.

April 30, 2011: Industrial Towing / Scottsdale Police Event. During ordinary clearing of illegally parked vehicles from private property areas clearly posted with signs expressing the legal rights and the intent of the property owner, Scottsdale Police Officer Paul Wein intervened with tow truck driver Tony Phipps from Industrial Towing. At one point  ten (10) police officers were present at the scene. How perplexing it is, when on a high traffic night in downtown Scottsdale ten police officers responded to a complaint obviously initiated by either a bar owner or patron to complain that illegally parked cars were being towed from a clearly posted zone. At the same time; residents can’t get patrols in our neighborhoods. The police forced the tow company to cease and desist and further ordered Industrial Towing to return four (4) towed cars and returned them to private, posted property. This happened when there were drunk drivers, trespassers, and people drinking in residential neighborhoods on public streets. We have called for enforcement on these issues with no relief. Bar owners call to stop their illegally parked cars from being towed and they get ten (10) officers.

1)      Why did police officers confront the towing company who had towed illegally parked bar cars off of private posted property, telling them to stop towing and force them to return four (4) illegally parked and towed cars?
2)      Who initiated the complaint regarding the towed cars.
3)      Since police officers have discretion, who and what determined that many other public safety issues would be put on hold so resources could be focused on parking problems?
4)  Why was it necessary for ten (10) police officers to respond?
5)  How many of the responding police officers have employment relationships with Scottsdale bars while off-duty?

May 5, 2011: Community Meeting Event. In a community meeting located at the Scottsdale Police Department with residents, businesses and bar owners a reporter from the Scottsdale Independent was ordered to leave by Commander Cervantes. The meeting was structured to inform the downtown businesses, hotels and overlay residents that the provisions in the ordinance did not apply to them.  Residents and business owners were asked to accept bar owners and accept a compromise, thus accepting a diminished quality of life. The presentation led residents and business owners into believing they had no rights and needed to accept the intrusive noise from the bar owners as a condition of life in downtown Scottsdale. Why weren’t the bar owners brought before the neighbors to be given terms of acceptable behavior? It was clear who was represented by the Scottsdale Police Department. Upon returning to my business that night, the music from the Spanish Fly was louder than it had ever been. It was obvious they felt empowered after the meeting.

1) Why was the reporter from the Scottsdale Independent asked to leave the community         meeting by Commander Cervantes on Thursday?
2) Why were residents and business owners misinformed as to our rights for law enforcement?

May 7, 2011: Officer Fay Event: I called in a noise complaint on Saturday afternoon. Officer Fay arrived a short time later. He was abrupt, agitated and aggressive. In animated movements, waving his arms he said the walls didn’t look like they are shaking to me.  He stated he had been at The Spanish Fly for the past hour. I told him after placing a complaint the music had just been turned down but we could all still hear it. It was still very loud. Sarcastically, he stated he could not hear a thing. With three witnesses present, we asked him again as we remained silent surprised because we could all obviously hear the rumbling of the music. He again stated he could not hear it. He was not there to address my complaint as a public servant sworn to serve and protect; he was there to send me a message: He was protecting the offenders.

1) Was Lieutenant Stauffer on duty when Officer Fay entered my place of business?
2) Is Officer Fay employed off-duty by any Scottsdale bars?
3) Why did Officer Fay deliberately attempt to instigate a confrontation in my business?
4) Was the visit to my business on Saturday recorded by Officer Fay and why? 
5) Why did he claim he could not hear the music when other people could?

Obvious conflicts:
1) Jason Rose of the PR Firm Rose and Ally, represents one of the most egregious offenders in the bar noise problem: The Spanish Fly. Jason Rose is involved in the Mayor's reelection campaign. Can the Mayor effectively participate in resolving issues involving the downtown bar and noise problem without conflict or influence?

2) Paul Smith and Susan Bitter-Smith of Technical Solutions have provided assistance on several council seat campaigns and also represents the Spanish Fly. Does this present conflict when the Scottsdale City Council must address bar and noise issues involving this matter? 

3) Council person Lisa Borowsky's brother owns at least two bars. One is in downtown Scottsdale. Can Ms. Borowsky participate and vote on issues involving the downtown bar and noise problem without conflict or influence? 

4) Some Scottsdale Police Officer's work off-duty for downtown Scottsdale bars. Can they enforce laws involving these bars without conflict or compromise?

5) Lieutenant Downtown Watch Commander Michael Stauffer is also running for Maricopa County Sheriff in the Republican Primary.  He provides law enforcement directives in the campaign contribution rich Scottsdale entertainment district. Can he serve Scottsdale's law enforcement needs without conflict?

Thank you in advance for addressing these concerns. The citizens of Scottsdale expect answers and full disclosure.

William Crawford

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