CCIPRA
June 13, 2010
Cochise County
Individual & Property Rights
Association


For more info, email HERE and put "CCIPRA" in the subject line
or phone Helene Jackson 642-1760


This page is currently being reformatted into a source for articles about political life in Cochise County.  Please bear with us for a couple more weeks while this is finished.

* * * * *
A SAMPLE OF WHAT CCIPRA IS ABOUT


CCIPRA exists to oppose realtors and developers, and their government enablers, who want to make money by taking away your individual and property rights.

Big subdivision developers claim the public can't stop big subdivisions.  But citizens defeated the giant Smith Ranch in 2006, and in April 2007 the developers pulled the plug on the Anthem project near Benson.  The Bachmann Springs project has evaporated, and the developer's plans for Sunsites have dried up.  Artificial injection of population into rural areas is not inevitable.  Rural people can stop big developers if we organize and fight back.

In Cochise County's Zoning Regulations, Article 3 Section 307 says "Any use not permitted in a district ... is specifically prohibited from a zoning district."  "Whatever isn't permitted is prohibited" doesn't sound like America.

When government officials believe
that if they don't allow it, you can't do it,
and that you shouldn't mind bad laws being passed,
because the present officials aren't really bad guys,
then the officials should be pulled away from the public trough,
and the laws they pass should be rewritten,
to follow American ideals and the Constitution.


* * * * *
LINKS TO OTHER CCIPRA PAGES
about a miscellany of topics

Bachmann Springs, nka Green Life Springs

Financial problems dog this plan to put a walled sanctuary for the very rich in the middle of Cochise County.  Is the project worth the time the County Supervisor keep giving it?  See
    http://littlebigdog.net/BachmannSprings.htm


Supervisor Searle thinks illegal aliens aren't a big problem


In 2005, all three Cochise County Supervisors declared a local emergency because of the border crisis.  The declaration of emergency is still in effect.  Now Searle says he never intended to use the emergency powers.  People are being assaulted and murdered while Searle blows smoke.  Will Searle ever consider doing anything?  See
    http://littlebigdog.net/CochiseSupervisorSearleIgnoresEmergencyHeVotedFor.htm

Supervisor English wants to keep all County workers
on the County payroll --
-- or, damn the taxpayers!  See
    http://littlebigdog.net/CochiseSupervisorEnglishWantsBigCountyPayroll.htm

Cochise County's "Envisioning 2020" project

was a wasteful boondoggle
That truth is inconvenient to the people who liked the boondoggle, so they make sneak attacks, and run away from defending them.  See the facts at
   
http://littlebigdog.net/EnvisioningCoreyObjections.htm

Problems with New Tribes as a neighbor
New Tribes airport in McNeal, Arizona, has a history of problematic behavior; and a report about allegations of New Tribes child abuse at boarding schools abroad is due out soon.  See
http://littlebigdog.net/NewTribesMcNealAZExpansion.htm

Cochise County's "Owner Builder Opt Out" (OBOO)
 program seems to be safe for a while.
For a basic history up to the last attack on OBOO, see
http://littlebigdog.net/OBOO.htm


"Hazard Abatement Ordinance" --
a look at various proposals over time
http://littlebigdog.net/HazOrdCompilation.htm


"Animal Control Ordinance" wrapup
http://littlebigdog.net/AnimalControlOrdinanceChanges.htm

Some older running sores with County government, including the Open Meeting Law
http://littlebigdog.net/OML&OtherCountyRunningSores.htm

* * * * *
To get on the list for the CCIPRA email updates, published once a week or more, email
    mpj@vtc.net
and put "CCIPRA email" in the subject line.  Thanks.


More citizen-based websites are springing up.

It's getting harder and harder for the old "back-room boys" to keep a lid on popular government.  For instance:

-- CHARLES TIDD IS ONLINE IN SUNSITES with

    http://sunsitessun.com
The paper is already posting stories.  Absolute best of luck to Charles Tidd!  (Disclaimer: The site has a link to "Mike Jackson" -- this writer.  I have no legal interest in the site.  I'm recommending it because that paper is the wave of the future, and can do good things.)


-- JOY BANKS WRITES FOR
    http://www.examiner.com
You can go to that site and search for "joy banks" in quotes, or you can subscribe to all of her articles by going to
   http://www.examiner.com/x-44832-Cochise-County-Political-Buzz-Examiner?cid=ff_subscription_44832#fragment-3


-- A HARDER LINE ON ZONING, FROM "ARIZONA FACEOFF"
There's a very very very very very very very very interesting website at
    http://arizonafaceoff.blogspot.com

   
An interesting look at the openness of different Arizona county governments is at
    http://sunshinereview.org/index.php/Evaluation_of_Arizona_county_websites
Cochise County shows up sucky as to audits, contracts, lobbying, and public records in general.  By far the best county is Pinal; the worst is La Paz.
    Every county is good with information about meetings, but bad with information about lobbying.  More openness about lobbying would make Cochise County a standout.
    Next to lobbying, counties do worst on contracts.  Only Pima and Pinal do well on contracts.  More openness here would make Cochise County stand out.
    One thing for the Supes to consider:  making gummint more open is a lot easier than fighting to keep the old "back room" system.


PARTICIPATING IN COCHISE COUNTY PUBLIC LIFE

A link to Arizona statutes about counties in general:
    http://www.azleg.gov/ArizonaRevisedStatutes.asp?Title=11

A link to Cochise County government in general:
    http://cochise.az.gov/

A link to the Board Of Supervisors (BOS) general page:
    http://cochise.az.gov/cochise_board_supervisors.aspx?id=224

Contact information for the BOS
    physical address:  Bldg. G, 1415 Melody Lane, Bisbee AZ 85603
    phone:  432 9200
    email addresses:
        Pat Call (Dist. 1) - pcall@cochise.az.gov
        Ann English (Dist. 2; Chair) - aenglish@cochise.az.gov
        Richard Searle (Dist. 3) - rsearle@cochise.az.gov

If you aren't sure who your supervisor is, here are links to maps of their districts:
District 1,
    http://cochise.az.gov/cochise_board_supervisors.aspx?id=922&ekmensel=c580fa7b_154_330_922_1
District 2,
    http://cochise.az.gov/cochise_board_supervisors.aspx?id=926&ekmensel=c580fa7b_154_330_926_2
District 3,
    http://cochise.az.gov/cochise_board_supervisors.aspx?id=930&ekmensel=c580fa7b_154_330_930_3


Unfortunately, the BOS online "Calendar" at
    http://www.co.cochise.az.us/ccwebsite/Calendar.asp
can't be trusted.  Here's a screenshot of how it looked on Friday morning. October 9
    http://littlebigdog.net/CalendarSeptemberDeceptive.jpg
showing its failure to list a very important meeting that day, to discuss hiring the next Planning Department Director.  The County page at
    http://www.co.cochise.az.us/ccwebsite/PublicNotice.asp
did list the meeting, so the lesson is, don't believe the labels, just check both sites.  The County does double the work on calendars, citizens do double the work on calendars -- why is this necessary?

Most BOS time, by far, is spent on Planning issues.  Most people just refer to "Planning & Zoning," or "P&Z," or some days "Fines&Fees."

There's a P&Z Department, which is administrative, and a P&Z Commission, whose job it is to advise the BOS.

A link to the Department main page:
    http://cochise.az.gov/cochise_planning_zoning.aspx?id=302

A link to agendas for a P&Z Commission meeting:
    http://www.co.cochise.az.us/ccwebsite/PNZCalendar.asp

Contact info for the P&Z Commission
    physical address:  Bldg. E, 1415 Melody Lane, Bisbee AZ 85603
    phone:  432 9240
    email adddresses:
        the Commission itself, pnz@cochise.az.gov
            Commissioners - COUNTY & private addresses if available
        Lee Basnar (Chair) - dist1b@cochise.az.govbasnar@cox.net
        Ron Bemis - dist2a@cochise.az.gov
        Gary Brauchla - dist3b@cochise.az.gov

        Duane Brofer - dist1c@cochise.az.govbrabec@cox.net
        Pat Edie - dist2c@cochise.az.govp_edie_99@yahoo.com
        Rusty Harguess - dist3c@cochise.az.gov -  jtauto@vtc.net
        Jim Lynch - dist1a@cochise.az.gov
        Jim Martzke - dist3a@cochise.az.gov

        Cruz Silva - dist2b@cochise.az.govcruz@cox.net

Much of the work of P&Z, both the Department and the Commission, is about variances from zoning requirements.  Arizona's Commerce Department puts out a "Planning & Zoning Handbook," whose Chapter 8 concerns zoning.  See
    http://www.commerce.state.az.us/doclib/smartgrowth/handbook/p&zchapter8.pdf

"Purposes And Objectives Of Zoning" is the beginning of Chapter 8.  It includes:
    "... Overall, zoning seeks to preserve the planned character of a neighborhood by excluding uses and structures inappropriate to the area and eliminating non-conforming uses....
    "Zoning should not be used to
        "Provide economic opportunity or advantage to one parcel of property without extending that opportunity to all property similarly situated
        "Artificially increase the value of land ...."

Variances in particular are discussed in section 4 of chapter 8, "Legal Uses."  Here's that section, every word of it:
    "In Arizona, variances from the terms of the zoning ordinance are heard and granted by a board of adjustment.  Variances are to be granted only if special circumstances exist relative to the property's size, shape, topography, location or if the strict application of the zoning ordinance would deprive the property owner of privileges enjoyed by other property of the same classification in the same zoning district.
    "Statutes require that any variance granted is subject to such conditions as will ensure that the adjustment authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located.  Variances may be granted when the property owner demonstrates that the application of the zoning ordinance to the property will create a special property hardship.  Both Arizona case law (Nicola v. Board of Adjustment, 101 P.2d 199 [1940]), and the present statute, A.R.S. [Section] 9-462.06(H)(1), prohibit the granting of "use variances" because they are, in effect, rezonings.  (See Chapter 5 for a discussion on the role and responsibility of the board of adjustment).
    "The book, Arizona Land Use Law, concludes that the statutory and case law in Arizona have established these standards:
        "1, A variance may be granted only where there are special circumstances applicable to the property.
        "2, Any hardship that would justify the granting of a variance must relate to the use of the land as opposed to the owner.  A personal hardship does not justify a variance.
        "3, A hardship which [h]as been ... intentionally created does not justify a variance.
        "4, Need for an 'adequate financial return' is not a legitimate basis for a variance.
    "For cities and towns, these standards are either in the statutes or have been established by judicial interpretations.  The county enabling laws are not as detailed and there is little or no case law in Arizona to amplify them.  But, the four standards listed above have been solidly established across the country and it is likely that the actions of county boards of adjustment would be subject to them if taken to court.  Requests for variances that do not meet all these standards should be denied."

This writer has been to many County meetings about variances, but has never heard those standards considered in the discussion.

>>>

A link to a page with legal notices from different County departments, including items for meetings weeks away:
    http://www.co.cochise.az.us/ccwebsite/LegalNotices.asp
Ways to avoid the spirit of the Open Meeting Law:  publish notice in a place that a reasonable person shouldn't have to look.

A link about requesting documents from the County, with a form for making document requests:
    http://littlebigdog.net/DocsFromCounty.htm

A link about speaking at a Call To the Public:
    http://littlebigdog.net/calltopublic.htm

The "CODE OF THE WEST" about life in no-man's-land is on the Cochise County website at
    http://cochise.az.gov/Default.aspx?id=4104
Good to read before trying to lay city rules on rural areas.

The County Supervisors Association's webpage at
    http://www.countysupervisors.org
is always worth a look.

>>

A COUNTY ADMINISTRATOR, WHAT IS IT?

Cochise County posts the County Administrator's duties at
    http://www.co.cochise.az.us/BOS/resolution.htm
A plain-text version, as of April 22, 2010, is at
    http://littlebigdog.net/CountyAdministratorResolution.htm
Even quicker, here are the County Administrator's duties, which are all "shall"s unless "may" is specified:
    2.    subject only to the direction of the [BOS] ... be responsible for the administrative oversight of ... County government functions ... within the jurisdiction of the [BOS].
    7.    devote such time and effort as may be required to properly discharge the duties of the position and ... not engage in personal or professional activities which conflict with the proper performance of such duties.
    8.    be responsible for the appointment, promotion, supervision, management, oversight, discipline and removal of those persons ... reporting directly to the County Administrator [and] comply with all applicable Merit System rules and all other applicable laws, regulations, and Board policies in performing these responsibilities.
    9.    at the direction of the [BOS] ... evaluate the performance of all department heads and other persons reporting directly to the [BOS] and ... make recommendations to the [BOS] as to appointment, promotion, discipline, salary increases or decreases, and/or removal of such persons.
    10.    [for] persons specified in paragraph 9 above (but not including elected officials or judicial branch personnel) ... serve as the primary point of contact for communications [with] the [BOS]....
    12.    review and evaluate the budget ... prepared by the Finance Director, and ... make fiscal and policy recommendations to the [BOS] as appropriate.
    13.    present the budget for adoption and submit such other reports regarding the financial and administrative operations as the Board may direct.
    14.    as appropriate, recommend changes in organization within and among County departments [to] enhance the efficiency and/or effectiveness of County government.
    15.    act as liaison between elected County officials, their deputies and the Board, and ... coordinate matters pertaining to these officials relating to budget, finance, personnel and other County-wide Policies; provide[d] that any elected official or department head who wishes to meet with the Board shall advise either the Clerk of the Board, County Administrator, or any Board member of the topic or topics to be discussed and this request shall be placed before the Board.
    16.    provide such information and recommendations to the Board as may be necessary to permit the Board to effectively [oversee] County operations.
    17.    attend meetings of the Board as required.
    18.    may promulgate and implement such rules, regulations and procedures as are consistent with the policy determinations and directives of the Board, and conducive to or required for the effective conduct of County operations subject to the [BOS].
    19.    at the request and direction of the [BOS], acting in its capacity as the Board of Directors for a political subdivision, such as the Flood Control District or the Library District, perform administrative, liaison, or such other duties as may be directed by these Boards.
    20.    subject to general direction from the [BOS] ... oversee and direct work involving multiple departments or issues of countywide interest.
    21.    act as a liaison to department heads and elected officials and ... mediate inter-departmental disputes in accordance with the [BOS]'[s] direction or approved policies.
    22.    identify, analyze and make recommendations on policy issues for the [BOS].
    23.    serve as the designated public lobbyist for Cochise County ....
    25.    execute the County's annual application for Emergency Management Assistance funds and [oversee] the preparation and execution of routine Emergency Management Assistance documents.


Public inspection of county documents just became easier
Citizens now are guaranteed access to public electronic records,
such as email and files on computers,
including the "metadata" showing when the document was edited, accessed, etc.


A recent Arizona Supreme Court case guarantees citizens access to "metadata" in electronic documents, and suggests that the easiest way for counties to provide this information is to provide a requestor with a copy of the record in its native format.  The case is Lake v. Phoenix, and the full opinion is online at
    http://littlebigdog.net/MetadataRecordsRequest.pdf

The metadata in an electronic document is part of the document; it does not stand on its own; it is as much a part of the document as the words on the page.  So when a public entity maintains a public record in an electronic format, the electronic version of the record, including any embedded metadata, is subject to disclosure under our public records law.

Here's a fuller discussion about getting public records:
    http://littlebigdog.net/DocsFromCounty.htm

The lesson for citizens' public records requests is clear:  when you request electronic documents, add a specification that you also are requesting all metadata about the documents.  Here's a form for a public records request incorporating that lesson:
    http://littlebigdog.net/DocRQ3.txt


ACIPRA, the Apache County counterpart of CCIPRA, now has a website at
    http://acipra.wordpress.com/
It certainly is a lot better looking than this site!  George Walsh, its proprietor, is a fireball, and has provided much useful information to CCIPRA.  Both CCIPRA and ACIPRA are more effective because the other exists.