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Tombstone council reprimanded
Dana Cole/Wick Communications
City Council members have failed to meet a list of remedies outlined by the Cochise County Attorney's Office as a resolution to open meeting law violations.
The remedies, submitted to Tombstone officials by Chief Civil Deputy County Attorney Britt Hanson, stemmed from two open meeting law violations: "the interruption and eviction of Mr. Michael Carrafa at a call to the public on Oct. 13, 2009," and "failure to post notices and agendas on the City Web site," according to the Cochise County Attorney's Office.
The city's failure to post notices and agendas on its Web site is an open meeting law violation that has been going on since November 2008, Hanson said. Once it was brought to the city's attention, the problem was immediately corrected.
On the matter of interrupting and evicting Carrafa - a city resident and business owner - from the meeting when he attempted to speak during a call to the public at a Tombstone City Council meeting, Hanson said, "This is a serious violation of open meeting law."
The county attorney's office bases those findings on a review of a video of the incident, which was recorded by Carrafa and then posted on YouTube.
In his list of remedies to correct the violations, Hanson submitted the following resolutions:
Acknowledge the violations.
Attend mandatory open meeting law training for all city officials.
Allow Carrafa to finish speaking on the subjects he was addressing at the Oct. 13, 2009, meeting.
Continue posting agendas on the city's Web site.
Hanson's resolutions specify that the mandatory training must be attended by Mayor Dustin Escapule, City Attorney Randall Bays, City Clerk Brenda Ikirt and all Tombstone City Council members.
After Tombstone failed to respond to the Cochise County Attorney's Office by a Feb. 10 deadline, Hanson filed a complaint in Superior Court. The filing initiates a lawsuit against the mayor, city attorney, city clerk and city of Tombstone, he said.
"I did receive a letter from their city attorney (Bays) stating that he disagreed there was an open meeting law violation," Hanson said.
"In the response, the City of Tombstone was requested to admit a violation of open meeting law, which they did not do."
City Council members have failed to meet a list of remedies outlined by the Cochise County Attorney's Office as a resolution to open meeting law violations.
The remedies, submitted to Tombstone officials by Chief Civil Deputy County Attorney Britt Hanson, stemmed from two open meeting law violations: "the interruption and eviction of Mr. Michael Carrafa at a call to the public on Oct. 13, 2009," and "failure to post notices and agendas on the City Web site," according to the Cochise County Attorney's Office.
The city's failure to post notices and agendas on its Web site is an open meeting law violation that has been going on since November 2008, Hanson said. Once it was brought to the city's attention, the problem was immediately corrected.
On the matter of interrupting and evicting Carrafa - a city resident and business owner - from the meeting when he attempted to speak during a call to the public at a Tombstone City Council meeting, Hanson said, "This is a serious violation of open meeting law."
The county attorney's office bases those findings on a review of a video of the incident, which was recorded by Carrafa and then posted on YouTube.
In his list of remedies to correct the violations, Hanson submitted the following resolutions:
Hanson's resolutions specify that the mandatory training must be attended by Mayor Dustin Escapule, City Attorney Randall Bays, City Clerk Brenda Ikirt and all Tombstone City Council members.
After Tombstone failed to respond to the Cochise County Attorney's Office by a Feb. 10 deadline, Hanson filed a complaint in Superior Court. The filing initiates a lawsuit against the mayor, city attorney, city clerk and city of Tombstone, he said.
"I did receive a letter from their city attorney (Bays) stating that he disagreed there was an open meeting law violation," Hanson said.
"In the response, the City of Tombstone was requested to admit a violation of open meeting law, which they did not do."
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| Derek Jordan /Wick Communications |
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