Print
Comment
Rate
Disagrees with report, headline
The headline "City Council violates law," from your front-page article published Jan, 27, is much too sensational and wholly unsupported by the facts presented in the body of the story, notwithstanding that this unsupported claim was also asserted in the lead sentence.
The article accurately reported that while conducting further research at the request of Mayor Mark Fenn, I ran across the following sentence from A.R.S. ¤ 9-461.06(H), relating to adopting, readopting or amending a city's general development plan: The adoption or readoption of or a major amendment to the general plan shall be approved by affirmative vote of at least two-thirds of the members of the governing body of the municipality.
I was unaware of this provision when the City Council voted 4-3 on Nov. 23, in favor of San Pedro Partners' application for a major plan amendment. As the council parliamentarian, I should have noted in the record that the motion failed for lack of the necessary super majority. Instead, the mistaken ruling that night was that the motion carried. This error on my part in no way reflects on the mayor or council. Absolutely nothing the City Council did that night, or since, in any way supports the conclusion that it "violated the law."
Rather, a more accurate headline would have been: City Attorney misinterprets the law. Less eye-grabbing, perhaps, but by far preferable as an accurate summation of what actually occurred.
Michael J. Massee
Benson City Attorney
The article accurately reported that while conducting further research at the request of Mayor Mark Fenn, I ran across the following sentence from A.R.S. ¤ 9-461.06(H), relating to adopting, readopting or amending a city's general development plan: The adoption or readoption of or a major amendment to the general plan shall be approved by affirmative vote of at least two-thirds of the members of the governing body of the municipality.
I was unaware of this provision when the City Council voted 4-3 on Nov. 23, in favor of San Pedro Partners' application for a major plan amendment. As the council parliamentarian, I should have noted in the record that the motion failed for lack of the necessary super majority. Instead, the mistaken ruling that night was that the motion carried. This error on my part in no way reflects on the mayor or council. Absolutely nothing the City Council did that night, or since, in any way supports the conclusion that it "violated the law."
Rather, a more accurate headline would have been: City Attorney misinterprets the law. Less eye-grabbing, perhaps, but by far preferable as an accurate summation of what actually occurred.
Michael J. Massee
Benson City Attorney
 |
 |
|
| SEABHS has many great employees | Project would harm San Pedro Valley |
Article Rating
Reader Comments
The following are comments from the readers. In no way do they represent the view of bensonnews-sun.com.
Hint for the city attorney wrote on Feb 4, 2010 10:14 AM:
" Mr. Massee
I direct you to find in the city statutes where Mayor Fenn is allowed to direct you without city council approval.
Try looking for the statute that says he can't do that.
Benson had a good city attorney and let him get away. "
I direct you to find in the city statutes where Mayor Fenn is allowed to direct you without city council approval.
Try looking for the statute that says he can't do that.
Benson had a good city attorney and let him get away. "
Looking Forward wrote on Feb 5, 2010 4:07 PM:
" When , will we get to have some Ejection, uh, surley about that ! I mean't to say Election! When are we going to have the next Re ee ee calling the voters amongst us . Go to the polls , vote, and "make things all better!" we deserve Better. Voting for "real change" can make a real difference. "
EK wrote on Feb 7, 2010 9:45 PM:
" This attorney is a poor excuse for a city attorney, He is leading this city down the lawsuit road. He makes all of Benson look like idiots. But then look who is bossing him around.
Massee arn't you being paid to know this stuff. I am noy impressed. "
Massee arn't you being paid to know this stuff. I am noy impressed. "
Vigilante1 wrote on Feb 11, 2010 2:34 PM:
" I would just like to thank everyone here for their absolutely stunning commentaries on the situation...definitely a bunch of fututre council members in the making. Evidently in the city of Benson there is no room for mistakes or oversights and evidently Mr. Massee is just Mayor Fenn's mindless drone, thoughtlessly carrying out the Mayor's every request. "
really wrote on Feb 11, 2010 5:17 PM:
" Hint for the attorney-First I would like to know the statue that says YOU can "direct" the city attorney with out council approval. "
BJ wrote on Feb 3, 2010 6:59 PM:
Why was Mayor Fenn giving any kind of orders to the city attorney without the consent and acknowledgement of the rest of the council?
Though he appears to think so, Mayor Fenn is not the boss and is not allowed to give anyone orders to do anything. "