Response to the Tea-Publican talking points on the AIRC
Posted by AzBlueMeanie:
State Rep. John Kavanagh (R-Fountain Hills) posted this comment to my post Arizona's Open Meeting Law and the AIRC:
Attorney General Tom Horne's court filing, which was an attempt to get answers from the IRC members details far more than a technical violation of the law." If the testimony from other commission members that he details in the report is true, then the chairwoman and one or two other commissioners violated the heart and soul of the open meeting law, not to mention possible bid rigging on the part of the chairwoman. To read the attorney general's filing, go to: http://www.azag.gov/press_releases/sept/2011/Petition.pdf
To hear more details on my points, go to: http://www.azpbs.org/horizon/detailvid.php?id=3147
Personally, I am surprised that most Democrats are being so defensive of such abhorrent behavior.
Let's begin with Kavanagh's interview on Horizon, in which he at one point states there is "criminal activity" for an alleged quid pro quo between Chairman Colleen Mathis and other commissioners for their votes for the mapping firm Strategic Telemetry, in violation of Arizona's Open Meeting law.
As Kavanagh knows (he is a professor of criminal justice at Scottsdale Community College), Arizona's Open Meeting law is a civil statute that provides for civil remedies for any violation of the statute. 38-431.07 – Violations; enforcement; removal from office; in camera review. It is not a criminal statute. Nor does Attorney General Tom Horne allege in his Petition for Enforcement of Written Investigative Demands any criminal law violations. The Petition is simply his attempt to investigate an alleged violation of the Open Meeting law.
Kavanagh's assertion of "criminal activity" on Horizon is knowingly misinforming and misleading the public in an effort to prejudice public opinion against the Arizona Independent Redistricting Commission and Chair Colleen Mathis in particular. His conduct is irresponsible.
But let's assume arguendo for a moment that there were criminal charges pending against Colleen Mathis. Tea-Publicans like to beat their chests and loudly proclaim that they are "constitutionalists." Kavanagh is a professor of criminal justice at Scottsdale Community College, so one might expect this "constitutionalist" to be a vocal advocate for the rights of the accused under the Bill of Rights and insist upon constitutional due process. You know, innocent until proven guilty in a court of law.
But Kavanagh does not express any reservations about the Governor acting as complainant, prosecutor, judge and jury, dismissing Colleen Mathis from the Commission without any due process of law by executive fiat. This is not the American system of justice. It is a gross abuse of power.
House Minority Leader Chad Campbell refutes each of the Tea-Publican talking points that Kavanagh asserts during this Horizon interview. I do not see how this helps his case.
Attorney General Tom Horne's Petition for Enforcement of Written Investigative Demands, briefly summarized, alleges that:
– Chair Colleen Mathis spoke to Commissioners to "line up" votes for Strategic Telemetry
– Chair Colleen Mathis had prepared a written statement regarding the selection of Strategic Telemetry
– Chair Colleen Mathis told Republican Commissioners Stertz and Freeman that she would like a 5-0 vote for Strategic Telemetry, and they alleged that Mathis said "you may need my vote in the future."
– Commissioners Mathis, Herrera and McNulty each gave Strategic Telemetry perfect scores of 100 on their scoring sheets
– Commissioners Mathis, Herrera and McNulty failed to respond to the AG request for information
The Petition is filled with speculation and conjecture that draws assumptions based upon facts not in evidence. After all, the Petition is seeking access to testimony and evidence to determine whether or not a violation of the Open Meeting law has occurred.