A Sonoran Truth Editorial, October 24, 2013
Sorchych tells us to read Bentley’s article in his editorial opinion but the only merit in Linda’s article is the conclusion—the trial is moving forward.
Now that the trial is moving forward, the Town and council members can raise counter-claims against Usama.
Usama filed for an injunction. Linda wrote: “[Judge] Gerlach stated, repeatedly, he wants to know if the four council members met before June 10.” [emphasis added] Until Trenk, Spitzer, Monachino, and Durkin are sworn in, they are not council members. They have no authority to conduct business on behalf of the Town nor are they representing its citizens. On May 28, 2013, Mike Durkin spoke in Call to the Public regarding Council Members being able to ask for items to be on the agenda and then requested a vote of confidence in Usama. Trenk followed and requested that the issue of Usama be on the June 3rd agenda.
Prior to May 21st, Trenk, Spitzer, Monachino, and Durkin were candidates. There is nothing to preclude them from meeting. There is no violation of Open Meeting Law. From May 21st to June 3rd, they are candidates- elect. But Judge Gerlach did not ask whether the candidates-elect met because the Open Meeting law A.R.S. § 38-431 et seq. only applies to a Public Body. Until the candidates are sworn in, they are not members of a Public Body.
Usama’s issue of a violation of Open Meeting Law was meaningless. The Town will seek summary judgment. Usama’s contract was at will. He denied the severance package. The only hope Usama has to be reinstated is for Sorchych to follow through with his recall threat and obtain a majority of council members willing to hire Usama back as the Town Manager. Which is why Sorchych is giving Steve LaMar and Bob Williams are currently being “promoted” in the Sonoran News. Don provides them free campaign advertising. clever, but corrupt.