BY LINDA BENTLEY | APRIL 8, 2015
Carefree council reunited, ready to move forward
Councilman Glenn Miller (standing, r) extended a public apology to fellow Councilman Mike Farrar for publicly accusing of impropriety during the March 3 council meeting. The two men shook hands, embraced and put the incident behind them.
Photo by Linda Bentley
CAREFREE – Once again, the town of Carefree reached out to Attorney Bill Sims, considered a leading expert in Arizona municipal, open meeting and conflict of interest laws, to investigate a conflict of interest accusation made by Councilman Glenn Miller against Councilman Mike Farrar during the March 3 council meeting.
Mayor Les Peterson said these types of matters are normally discussed during executive session, but he felt, under the circumstances and for transparency, it should be discussed in the open.
The issue of conflict was raised in October 2014 when Town Administrator Gary Neiss contacted Farrar, as the listing agent for Frank Andre, to open negotiations for the town to acquire Andre’s parcel, located approximately 330 feet northwest of town hall, for general parking for the town.
Farrar signed a form declaring a conflict of interest, which both Neiss and Town Clerk Kandace French knew about.
When Andre stated he wasn’t interested in selling the parcel as it was and still remains listed for lease.
Once it was determined Ander was not interested in selling the parcel, Farrar’s conflict ended.
The issue, as Sims (r) pointed out was not in any wrongdoing on Farrar’s part, as he, Neiss and French did everything legally required, but rather in communication, or in this case, lack thereof.
No one on council was aware Farrar had signed a conflict of interest form and if sale negotiations were to come before council he would have recused himself.
However, On Oct. 24, when Andre informed Farrar he was putting the possible sale of his parcel “on hold” and was only interested in making his parcel available in a lease transaction, the conflict disappeared.
Because Miller was unaware that the conflict no longer existed, Miller felt Farrar shouldn’t have been discussing potential sites for the proposed cultural facility in connection with the Ed Lewis project.
Sims suggested, when such conflicts come up, that they be declared and documented in the meeting minutes so everyone on council and the public is made aware. He recommended the same be done when the conflict is eliminated.
Sims cited three cases in which judges looked at potential conflicts very leniently. He said they do this because no one wants seven lawyers serving on council but rather people to serve from the business community.
In his analysis, Sims also made a recommendation for the town’s minutes, which he stated comply with the minimum statutory requirements, but said it would be helpful in some cases if the minutes could include a more detailed description of discussions.
For example, Sims stated, “The official town minutes for the January 27, 2015 meeting indicate that ‘[t]here were comments and questions by Mayor Schwan, Councilmember Miller and Ed Lewis. There were additional comments by the council and discussion regarding the location, risks, and raising of capital for a cultural attraction.’ The video for this meeting, however, includes the following comments from Councilmember Farrar concerning the siting of the Cultural Center: ‘So there are many hard questions that need to be asked. Where is it located? ... I had the great pleasure of meeting with Ed and Kirsten last week and I'm of the opinion I like it near the sundial as opposed to the south side of his project.’ The Open Meeting Law does not require this detail, but given that Councilmember Farrar had recused himself from discussions regarding the Cultural Center in October, and given that he was subsequently participating in these discussions, an explanation in the minutes for the change (i.e., the Andre Parcel was now not available for sale as communicated in the October 24,2104 e-mail) would have shown that the Council was aware of and complying with the conflict of interest statutes.”
Sims also said communication is important and council members shouldn’t use the open meeting law as a shield not to talk to someone on council. They just can’t talk amongst a quorum.
Sims said some municipalities have on their agendas, “Items for future consideration,” so as not to run afoul of the open meeting law, if it requires two or more council members to request items be placed on an agenda.
Because Miller accused Farrar of impropriety during a public meeting, Farrar asked him for a public apology.
Miller apologized; the men shook hands, embraced and put the matter behind them, and council believes it can now move forward as a cohesive unit.
Council voted unanimously to abandon a roadway right-of-way for a portion of Spanish Boot Road that was an undeveloped cul-de-sac no longer needed for access.
Council also voted unanimously to approve a recommendation for a Series 4 wholesale liquor license for John LaGuardia, III, for Bomb Spirits LLC located at 100 Easy St.
