by Terri Jo Neff | Sep 11, 2021 | News
By Terri Jo Neff |
The boundaries of Arizona’s 30 legislative districts and 9 congressional districts are redrawn from scratch every 10 years based on U.S. Census population data. The task belongs to the Arizona Independent Redistricting Commission (IRC).
With the census data finally released last month, the IRC’s first mapping activity is to create Grid Maps showing the districts with equal population without regard to any other issues. Those Grid Maps are expected to be presented Tuesday when the IRC’s two Democrats, two Republicans, and Independent chairperson meets at 8 a.m. The public is invited to watch live at www.irc.az.gov
The commissioners have the option of adopting the Grid Maps during the meeting. Those maps will be followed in a few weeks by Draft Maps and then Final Maps by year-end.
Another IRC activity is to seek citizen feedback, which is one reason the same mapping software tool and database will be available to the public. A training session on the mapping tool will livestreamed Monday at 10 a.m., with a recording of the training posted on the IRC website on Tuesday.
Arizona voters passed Prop 106 in November 2000 to amend the Arizona Constitution by removing state lawmakers the power to draw state legislative and congressional legislative districts. The districts are to have equivalent population “to the extent practicable” in order to follow the one-person, one-vote premise of Arizona election law.
For the soon to be created legislative districts, that comes out to about 238,00 residents per district. Each congressional district would have about 794,000 residents.
However, each final district map may have populations which vary by several thousands due to the other five areas the IRC must consider: district shape, the federal Voting Rights Act, geographical features, potential competitiveness, and respect for communities of interest.
Steve Gaynor of Fair Maps Arizona is excited for the release of the Grid Maps, as they will show where Arizona’s nearly 12 percent population growth over the last decade has occurred.
“The Grid Maps are the first time we will see exactly how our population has changed,” he told AZ Free News. “We will see significant population growth, especially in metropolitan areas, and a few areas that have declined.”
Gaynor, a 2022 Republican gubernatorial candidate, founded Fair Maps Arizona in advance of this year’s redistricting effort due to concerns the previous IRC drew maps which did not follow the Arizona Constitution. He believes it is important for citizens to understand and participate in the IRC process, which Gaynor calls a “vital process in maintaining our democracy.”
That participation can involve expressing comments or concerns to the IRC in writing or at public hearings.
“I think individual comments to the IRC are important and do make a difference,” Gaynor said. “Of the six constitutional requirements for redistricting, the requirement to respect communities of interest is the most subjective, which is why hearing from people about it is so important. I think the commissioners will produce better maps as a result of having heard directly from the people.”
The IRC will conduct public hearings later this month about the Grid Maps. Those hearings will be the second time commissioners involved in the 2021 redistricting will hear from the public.
Earlier this summer, IRC commissioners took part in 15 public hearings about how the requirement of communities of interest should be considered. Gaynor said he was impressed that the commissioners took the time to travel across the state to hear from people on the subject.
“The commissioners listened carefully to the testimony and asked good questions,” he said. “They were clearly engaged with the people testifying.”
More information about the IRC process can be found at https://fairmapsarizona.org/
by AZ Free News | Sep 11, 2021 | Education, News
PHOENIX, AZ — Governor Doug Ducey ordered flags at all state buildings be lowered to half-staff tomorrow, Saturday, September 11, in remembrance of the nearly 3,000 innocent men and women who lost their lives in the terrorist attacks of September 11, 2001.
Also on Friday, Governor Ducey announced plans to work collaboratively with the State Board of Education and key stakeholders to present a bill during the next legislative session that will guarantee Arizona K-12 students, who were not alive on the day of the attacks, will receive instruction on what occurred on September 11, 2001 and the impact it has had on the American way of life.
“Today, we send special thoughts and prayers to the families of those who lost a loved one as a result of the 9/11 terror attack on our nation. And we remember and mourn the life of Gary Bird, the sole Arizonan who was killed on that horrible day,” said Ducey. “We also honor the many first responders—from Arizona and around the nation—who answered the call of duty when their nation needed them most. This tragic day would just be the beginning of a two-decade long war that wouldn’t end until just recently.”
The governor called on his fellow Arizonans to join him “in remembering the fallen from this day. And join me in honoring our troops, who fight for a future in which such a terrible event never happens again.”
“God bless our troops, God bless our first responders, and God bless the United States of America,” the governor concluded.
by Corinne Murdock | Sep 11, 2021 | News
By Corinne Murdock |
Senator Mark Kelly (D-AZ) never recused himself from voting on the Biden Administration’s Alcohol, Tobacco, Firearms, and Explosives (ATF) pick, David Chipman. This, despite their lengthy relationship.
Kelly hired Chipman in 2016 to his gun control organization, Giffords, which he founded in 2013 with his wife, former Democratic Congresswoman Gabby Giffords. Chipman has served as their senior policy advisor for over five and a half years. The description of his role that he posted on his LinkedIn even makes a point to mention Kelly as the co-founder of Giffords.
“Giffords is a gun violence prevention organization established by former Congresswoman Gabby Giffords and her husband Mark Kelly[,] a retired United States Navy combat veteran, test pilot, and NASA astronaut,” wrote Chipman. “Giffords advocates for sensible gun laws, policies and investments that make communities safer. Areas of specific interest include strengthening and expanding the background check system, combating domestic violence homicides, enacting comprehensive laws against gun trafficking and dedicating funding for research about the causes and impact of gun violence.” (emphasis added)
That description of Kelly wasn’t copied and pasted from Giffords, or anywhere else online. That was something that Chipman likely crafted entirely on his own, because that exact phrasing is unique to his LinkedIn description.
Kelly’s organization advocated heavily for Chipman’s approval.
In response to this relationship, State Representative Quan Nguyen (R-Prescott Valley) called for Kelly to recuse himself from the Chipman vote. He published an official proclamation in the Arizona House that received the support of Republican leadership at the federal level like Representative Andy Biggs (R-AZ-05).
Kelly never got the chance to vote on Chipman: the White House announced Thursday that they were withdrawing Chipman as their nominee.
In an explanatory statement, President Joe Biden blamed Republicans for their decision to withdraw Chipman. He praised Chipman as a seasoned leader in the ATF and the choice advocate for safer gun policies. Biden claimed that Republicans were intent on using gun crime as an unserious political talking point, and that they were against “commonsense measures” like universal background checks (UBCs).
Biden also alluded that Republicans were against funding police because they opposed his American Rescue Plan, which he says gave cities and states $350 billion for police. The Biden Administration has highlighted the funds as a means of reversing the sharp increase in gun violence that occurred nationwide throughout the pandemic.
Kelly has yet to put out any statements on his relationship with Chipman.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
by Corinne Murdock | Sep 10, 2021 | News
By Corinne Murdock |
Governor Doug Ducey wasted no time to respond to President Joe Biden’s latest COVID-19 update given Thursday evening, calling the vaccine mandate for private employers “big government overreach,” “dictatorial,” and “un-American.” The governor indicated that court challenges would be sure to follow in the coming days. Ducey promised to push back against Biden’s orders.
Ducey tweeted the following while Biden was still announcing his executive order:
“This is exactly the kind of big government overreach we have tried so hard to prevent in Arizona — now the Biden-Harris administration is hammering down on private businesses and individual freedoms in an unprecedented and dangerous way,” wrote Ducey. “This will never stand up in court. This dictatorial approach is wrong, un-American and will do far more harm than good. How many workers will be displaced? How many kids kept out of classrooms? How many businesses fined? The vaccine is and should be a choice. We must and will push back.”
Biden announced that any employers with over 100 employees must require COVID-19 vaccinations or implement weekly testing. The White House estimated that this will impact over 80 million workers.
Furthermore, those employers must give paid time off (PTO) to those employees who choose to get vaccinated. That PTO rule will come from the Department of Labor’s Occupational Safety and Health Administration’s (OSHA) use of the Emergency Temporary Standard (ETS).
Federal employees will no longer have the opt-out for Biden’s vaccine mandate. Those employed by or contracting with the federal government must now get vaccinated. Additionally, any health care workers whose employers participate in Medicare and Medicaid must be vaccinated. A reported 50,000 providers will be affected – over 17 million health care workers.
Biden also announced that the TSA would increase the fine amount for those who don’t mask up while traveling.
The full list of all the new COVID-19 policies are available here.
As Press Secretary Jen Psaki explained, these new measures are part of the Biden Administration’s “Six Prong Plan” to overcome COVID-19. Psaki promised that these initial updated mandates were only the first to come in a series of new orders over the next few weeks.
The six prong plan is as follows: 1) get more people vaccinated; 2) prepare for booster [shots]; 3) keeping kids safe and in school; 4) increasing testing and masking; 5) protecting our economy; and 6) strengthening our surge response.
Preceding his announcement of updated COVID policies, Biden made a number of claims. He also took aim at elected leadership that opposed mandatory vaccinations or masking.
Biden claimed the COVID-19 vaccine was “safe [and] effective.” He didn’t elaborate on what his standards are for “effective”; the CDC has clarified that the vaccine isn’t 100 percent effective.
“This is a pandemic of the unvaccinated,” stated Biden. “And it’s caused by the fact that despite America having unprecedented and successful vaccination. Despite the fact that, for almost five months, three vaccines have been available in almost 80,000 different locations, we still have nearly 80 million Americans that have failed to get the shot.”
The president asserted that certain, unnamed elected officials were “actively working to undermine the fight against COVID-19.”
“Instead of encouraging people to get vaccinated and mask up, they’re ordering mobile morgues for the unvaccinated that have died from COVID in their communities,” said Biden. “This is totally unacceptable.”
Biden also claimed that having a 75 percent vaccination rate in the country wasn’t enough. According to the Mayo Clinic, it would take about 70 percent of the population who have recovered from COVID-19 to “halt the pandemic.” They didn’t offer a clear estimate of how many individuals would need to be vaccinated to achieve herd immunity.
However, the CDC stated in a study published last month that vaccination offers a higher protection than prior COVID-19 infection.
Watch Biden’s address here.
https://www.youtube.com/watch?v=WB1Awuu_DGc
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
by Terri Jo Neff | Sep 10, 2021 | News
By Terri Jo Neff |
Development agreements such as the one which required a former Gilbert property owner to pay the town nearly $760,000 toward the cost of public infrastructure improvements such as streets and sidewalks are legally binding contracts and not assessments that expire after a certain period of time, the Arizona Court of Appeals ruled this week.
In a unanimous opinion released Sept. 7, the court of appeals affirmed a 2005 development agreement between the Town of Gilbert and the property owner of an 11-acre parcel on the northwest corner of East Ray Road and South Lindsay Roads. The contract called for the owner -Greater Phoenix Income Properties- to pay “a proportionate share” of public improvements.
Those improvements, which included irrigation measures and relocating utilities, were completed long ago, according to court records.
The agreement also allowed a lien to be placed on the land until full payment was made. There was also a provision in the agreement expressly binding successor owners to the contract.
Fast forward to 2016 when Ray and Lindsay 11 LLC purchased the vacant land. Company officials acknowledged knowing the terms of the development agreement, including the lien provision. Ray and Lindsay 11 sold the still-undeveloped parcel to Richmond American Homes of Arizona in 2019 and paid off the lien in order to provide the new owners with clear title.
But before that, the company sued in Maricopa County Superior Court in an effort to void the development agreement with the Town of Gilbert. The litigation initiated in 2018 has cost the town almost $155,000 in attorney’s fees to defend the agreement.
Ray and Lindsay 11 argued that the agreement’s infrastructure reimbursement requirement was an assessment which under Arizona Revised Statutes 9-243(C) abates or expires after 10 years if the property has not been developed. If the agreement was treated as an assessment, the company could have pursued a refund.
Judge Pamela Gates, however, ruled the contractual development agreements like the one Gilbert utilized are governed by a different statute, ARS 9-500.05, and that there was no assessment against the property.
Gates’ ruling was upheld by the Arizona Court of Appeals, which noted state lawmakers passed ARS 9-500.05 to provide cities and towns the ability to negotiate and enter into broad development agreements as to “the conditions, terms, restrictions and requirements” for public infrastructure as well as the financing of and subsequent reimbursements for the costs “over time.”
The appellate opinion also pointed out a key difference between an assessment and a development agreement – specifically the required mutual assent of the parties.
Gilbert officials have been represented in the case by Charles Wirken of Gust Rosenfeld. Last July, Gates signed an order and judgment against Ray and Lindsay 11 LLC for $123,603 plus interest to cover the town’s attorney fees.
The Arizona Court of Appeals affirmed the lower court award of attorney’s fees. It also awarded the town another $30,342 for Wirken’s fees expended to fight the appeal. That award has not yet been converted into a judgment. Ray and Lindsay 11 has until Sept. 22 to file a petition for review with the Arizona Supreme Court.
The Sept. 7 opinion is not the first time the Arizona Court of Appeals ruled on this case.
In May, the parties received a memorandum decision from the court with the same conclusion. However, Wirken asked the court to consider rewriting the decision as a published opinion which can be cited by other municipalities threatened with litigation over the same type of assessment argument. The court of appeals agreed, hence this week’s opinion.
Gilbert City Councilwoman Aimee Rigler Yentes told AZ Free News she welcomed the news coming out of the Arizona Court of Appeals.
Yentes has lived in Gilbert for 20 years, and is the co-founder of the Gilbert Small Business Alliance. She supports bringing development to the town and is pleased to see the town’s development agreement upheld in this case.
“The Town’s approach to ensure reimbursements were honored to make taxpayers whole was well within their authority, as affirmed by the Court of Appeals,” Yentes said. “When a municipality enters into a development agreement, it is most critical that the private interest benefits do not exceed the public returns.”
by Corinne Murdock | Sep 9, 2021 | News
By Corinne Murdock |
Arizona Treasurer Kimberly Yee announced Tuesday that the state will no longer invest funds in ice cream giant Ben & Jerry’s, due to its violation of state law with its Israel boycott. Arizona law outlaws any state funds from going to entities that boycott Israel.
Arizona’s Unilever investments have dropped from $143 million to around $50 million currently. All investments will be removed by September 21.
In a press release, Yee explained that Ben & Jerry’s parent company, the British conglomerate Unilever PLC, refused to reverse the boycott or divest itself of the ice cream company.
“I gave Unilever PLC, the parent company of Ben & Jerry’s, an ultimatum: reverse the action of Ben & Jerry’s or divest itself of Ben & Jerry’s to come into compliance with Arizona law or face the consequences. They chose the latter,” said Yee. “It does not matter how much investment Unilever PLC has in Israel, with Ben & Jerry’s decision to no longer sell its product in the West Bank, the companies are in violation of the law in Arizona. Arizona will not do business with companies that are attempting to undermine Israel’s economy and blatantly disregarding Arizona’s law.”
Yee denounced the actions of Ben & Jerry’s in a follow-up tweet to the press release. She denounced the boycott as anti-Semitic and discriminatory.
“As Arizona Treasurer, I’ve divested all state funds from Ben & Jerry’s for boycotting Israel. Israel is and will continue to be a major trade partner of AZ,” wrote Yee. “ #IStandWithIsrael and I will not allow taxpayer dollars to go towards anti-Semitic, discriminatory efforts against Israel.”
Ben & Jerry’s announced their boycott in mid-July. They claimed that Israeli forces were illegally occupying Palestinian territory. They also stated that their end to ice cream sales wasn’t technically a boycott – that they would remain in Israel through “a different business arrangement.” The company promised to divulge further details about this arrangement, but have yet to do so.
Ben & Jerry’s founders, Ben Cohen and Jerry Greenfield, also argued that their decision to withdraw from Israel wasn’t antisemitic. Rather, they said that they rejected Israel’s policy of occupation.
“The company’s stated decision to more fully align its operations with its values is not a rejection of Israel. It is a rejection of Israeli policy, which perpetuates an illegal occupation that is a barrier to peace and violates the basic human rights of the Palestinian people who live under the occupation,” stated Cohen and Greenfield. “As Jewish supporters of the State of Israel, we fundamentally reject the notion that it is antisemitic to question the policies of the State of Israel.”
This is far from the first of the ice cream giant’s clear declaration of its political stance. They are consistently political.
Following George Floyd’s death last year, Ben & Jerry’s called for people to dismantle white supremacy, and told white people to examine their privilege and pay reparations.
After the January 6 incident at the Capitol, Ben & Jerry’s issued a flurry of social media posts and statements calling for then-President Donald Trump’s impeachment. They asserted that the rioters were advocating for white supremacy.
In February, the company unveiled a mural of National Anthem-kneeler, Black Lives Matter (BLM) activist, ex-NFL player Colin Kaepernick.
They’ve also released statements in support of trans rights, reparations, BLM, and illegal immigration (especially through their partnership with Migrant Justice’s Milk with Dignity – an organization that advocates for illegal immigrants).
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
