Wednesday, April 1, 2009

Tuesday, March 31, 2009

Response to Councilman McAchran's Questions

Councilman McAchran has requested that I post his following comment to this blog and therefore I would like to respond to it in our normal open forum rater then responding to a comment by means of another comment. Below I will address each of his questions or concerns to the best of my ability.


It concerns me that when I expose the lies listed on the Recall Petition, then the Recall Petition is changed to state different lies.
Our Response: At this time you still have not exposed any lies. I have spoken to Mr. Pope yesterday when we both went to the town clerk to amend the recall petition statement. The purpose for amending the statement was to open it up and make it general because we are learning more and more about you daily. We find you do a fairly good job at hiding your trails and making adjustments to make you look as if you are being picked on. With this new statement anything and everything that you do we will be able to hold you accountable for. The new recall statement is as follows;

“Councilman Brian McAchran is being recalled by the citizens of District One as a result of his past and present actions including his prior background as a police officer. We feel Councilman McAchran has repeatedly lied to the townspeople from the very first day of his campaign to present. Based on Councilman McAchran’s past it clearly shows he lacks integrity and has not demonstrated that he is capable of making rational or ethical decisions in the best interest of the town or his district.”


Now Rick Fernandez is stating that my history is the reason for the recall and has posted a letter that he supposedly received.
Our Response: The letter you are referring to is one of two letters which were received at that time, one received by me and one received by Arizona Republic. Since you and I were running against each other for the district one council seat I elected not to do anything with it because of two reasons. The first was because I did not want to run a campaign which could be construed as a mud slinging campaign and the second reason was because it was sent anonymously. I did call the AZ Republic and asked if they also had received a letter like I had and they confirmed that they did also. They also told me that due to legal concerns they would research it and release a story if it proved to be factual and that they did on May 22, 2008. I also new you would challenge my letters authenticity thus was the reason I save the original envelope.


Let's look at Rick's recent history:

1. He did not file the recall, but he did blog on and listed as facts the reasons, which were a lie.
Our Response: This is true I did not file the recall. The items on this blog only reflect what has been found to be of public record and nothing more. If we have found something in error we have corrected it.

2. He blogged and spoke before council about Jeanine Guy receiving a 5% raise, which is a lie.
Our Response: It has been confirmed that she is not entitled to this until 12 consecutive months of employment under her current position and we had place a correction to this on March 9, 2009.

3. He now has placed an anonymous letter on his blog which contains lies.
Our Response: I do not agree with you on this because it is consistent with the AZ Republic article released on May 22, 2008.

Now here's the truth:

I have spent the last fifteen years of my life under the microscope. For those who are interested there are thousands of court cases which I have been involved with, all of which are on the web in some capacity.
Our Response: I do not discredit you for this however thousands may be exaggerating a little.

There are thousands of criminals which are currently serving, or have served prison time as a result of my investigations. If at any time I had committed criminal, or unethical activities, it would be easy to see. I have walls covered with citations, medals and awards for my activities as a police officer both in Farmington and Buckeye.
Our Response: I do not discredit you for this however thousands may be exaggerating a little. As far as citations go good for you.

For fifteen years, I have honorably put on a badge and a gun to protect my community. I gave my life, or the life I had, in the defense of Buckeye.
Our Response: I am sorry about your accident.

I have never claimed to have been perfect and readily admitt I have warts and pimples like everyone else.
Our Response: Thank you for that.

During 2003, I was made a huge mistake. A mistake that almost cost me my family, but because my wife is a much better person than I could ever be, she saved our marriage. I very much love my wife and work each day to show her my love. My marriage was the only thing jepordized by my actions, and losing my marriage is much more of a loss to me than lossing any job.
Our Response: Being a married family man also…I truly understand.

This mistake that I made was an administrative policy violation for the Farmington Police Department. I was truthful about the mistake from the beginning and I was demoted back to patrol. I went back to work and continued being successful as a police officer.
Our Response: Though it was in your opinion an administrative violation, it is also a violation of poor judgment as well as poor ethical and moral values. Your past has nothing more to do with the recall as far as I know other then the Citizens question you ethical and moral values. Case in point how you involved yourself in the police Chief selection process and to this day you are seen continuously seen at the police department with Rounds and Hardesty. I can not see any reason why the three of you should spend so much time there.

This mistake included a person who was a confidential informant. This person was not an FBI Informant, not that that would have made any difference. This person had no involvement in any criminal cases. This involvement had no effect on any criminal case, or proceeding.
Our Response: We have not stated that the informant was a FBI informant nor has AZ Republic.

I testified about this incident during a criminal trial involving a former law enforcement officer, who was convicted as a result of my investigation for drug trafficking. The defendant in this case knew this informant but this informant had no involvement in the case.
Our Response: So it seems per the record.

Late 2004, I along with several persons in the Farmington Police Department became interested in serving Buckeye. I applied for the job and included all information. I was hired by the Buckeye Police Department under the direction of Sgt. Bill Seltzer and my background was accepted by AZ Police Officers Standards and Training.

Our Response: This is not a 100% true statement. The record shows that one of your former police colleagues Carl Johnston was key to you being accepted by Buckeye. Johnston, who worked with you for several years before moving to Buckeye, was on your interview panel and gave you the highest marks, this is according to Buckeye hiring documents. Johnston also conducted part of your background investigation. Johnson then became your supervisor. Maybe perhaps Saban was on board Bill Seltzer became your supervisor.

Within a couple of months of my hire, Dan Saban was hired as the Chief of Police. Wanting to ensure there were no secrets, I told Saban all of this information, to which he replied 'you did nothing wrong'.
Our Response: This is not an accurate statement. The record shows the following;

~~ McAchran stayed with the department on light duty for 2 1/2 years but was at odds with his superiors, especially Saban, who took over the department weeks after the accident.

"The records are very clear about our relationship," Saban said last week. For the first 18 months that Saban worked with McAchran, Saban allowed McAchran to voice concerns over lunch, by e-mail, by phone and in person numerous times, a Sept. 26, 2006, internal memo states.

"In my opinion," Saban wrote to him, "you have, at times, in your interactions been 'unprofessional,' 'aggressive,' 'hostile,' 'confrontational' and 'borderline insubordinate.' " But Saban did not begin documenting his interactions, he notes in the memo, until McAchran sent critical letters to local newspapers. McAchran criticized Saban for hiring more top-level managers than patrol officers and for eroding confidence in the department by making several internal audits public.

"Other than internal investigations," McAchran wrote in a letter to the West Valley View, "I have seen nothing Saban has done to make the department more 'professional' or 'trustworthy.' "

'Us against them'

According to Buckeye police documents, McAchran later resigned from a community-police-partnership program, saying he was accused of being "confrontational." He also complained of an "us against them atmosphere in the department."

McAchran's immediate boss at the time, Sgt. David Schwenn, reported a conversation in which McAchran talked about the workplace being more dangerous than "out there" in public.

McAchran described keeping a SWAT vest and shield at his desk in Farmington, according to the records, and having "a plan for if things got really bad." The next day, McAchran brought a .357 Ruger revolver in its case to work, calling it a "toy" he wanted to sell to another officer, Schwenn reported. McAchran then revealed a loaded semiautomatic pistol in a black fanny pack that Schwenn said McAchran had been carrying for at least a week. McAchran refused to store the guns in his patrol car, away from the criminal-investigations office, according to the report, and insisted on a direct order from the department's commanders.

Police Cmdr. Dan Pringle told McAchran that employees not on full duty cannot carry weapons, a memo after the incident states. McAchran agreed not to bring the weapons to work again. Schwenn is no longer with the department and could not be reached for comment.

Asked about the memo, Pringle said Tuesday, "I don't know if this would be a good career move at this point to provide any details." But he added that because McAchran complied with Pringle's request, McAchran was not disciplined. Pringle said he didn't recall any previous policy violations.

Five months later, Buckeye Human Resources responded to a "hostile work environment/discrimination" complaint by McAchran, town documents show. The date and nature of the allegations and the department's response were blacked out, and no further information was available.

Every employee of Buckeye has a one year probationary period in which the employee could be fired for any reason. I served this probationary period under the command of Saban, who I am sure would have fired me if he felt there were any problems with my being hired.
Our Response: We are surprised…

I did retire from the Buckeye Police Department during August 2007. This was not by my choice, or the will of any other employee of Buckeye, but by direction from numerous medical professionals. My retirement was the direct result from injuries recieved in my service to Buckeye.
Our Response: As stated before this is unfortunate.

The truth is I have been employed since I was fourteen-years-old. I have never been fired. I have never been asked to resign. I have never been layed off.
Our Response: The truth may never be known since your Farmington N.M. police records have been sealed.

As a note, I have received every job I have ever interveiwed for. I also had other job offers at the time I came to Buckeye.
No Response:

If Rick Fernandez did receive this letter, which I have doubts, who did it come from? Again there are thousands of criminals who do not like me and maybe it would be one of them. Rick, I would suggest you verify your source and put a name behind it.
Our Response: We can assure you this is not made up. The only people who know where this came from would be the Arizona Republic because they communicated with the individuals who sent the letter. I will try to use my resources to secure an identity but, I strongly feel the newspaper will protect their identity and based on the content I would too.


I again ask what the real reason behind these actions. Please let me know.
Our Response: Many Citizens of this town have been watching you closely. We have determined by your actions that your character is not that of what you lead everyone to believe. We find you to be lacking the honesty, ethical morals and open demeanor required to be a servant to the general public within your community. Many have seen your my way or the highway attitude or the highly volatile personality and as a result are very concerned. A few have commented about how you boast of an Inner circle that you belong to. Some have commented they feel you spend too much time at the police department. Others have noted you spending way more time then necessary with Scott Rounds. It has also been noted in a public forum that you have business relationships with other town officials or employee’s as noted in the following. We consider this to be an ethical conflict with your current position. If you ask us it sounds like a Good O Boy thing (Inner Circle).

Brucenjohnson Buckeye Police Officer Feb-27 @ 7:35 PM
Report abuse Reply (AZ Republic Blog)

“We are personal friends and even business partners with BM and SR. Please understand they are our friends. We take our families on vacations together, we drink beer together and we stick together. SR recently lost his wife of 28 years. He is still in mourning. What proof does anyone have that he was with some Daisy Mountain fire fighter, traveling 95 mph in his corvette. Where did this happen? It sounds to me that someone is alleging that we at the police department are covering something up. I challenge anyone to meet with our Chief and ask him to verify if in fact this "speeding" even occurred. You will find that it never happened. There is no officer at this police department that would over look something like this. We can't speak to how other council members conduct their personal lives. If JG or JM or Terry Goddard feel an investigation is warranted. we will absolutely conduct on with absolute transparency as we always have. We are proud to serve you all. God bless President Obama. Maybe some federal money will come our way and we will be able to get back to some sense of normalcy.”

Ex Town Employees come forward

In case you have not read the following article we encourage everyone to do so. This is exactly why the Citizens for a better Buckeye are making the demands they are. The following is the exact article which was reported by Westvalley News uckeye Reporter Robin Clayton on March 20, 2009.

Former town tax auditor questions wisdom of Buckeye budget cuts

Despite possibly facing even more budget cuts in the near future, Buckeye has laid off revenue-generating positions, filled positions it previously eliminated and paid $24,115 in tuition reimbursement to employees. OK, 39 of you must goLast November, 39 employees were laid off and 31 unfilled positions eliminated from the budget in the face of a $6.9 million projected shortfall.

Finance Director Gail Reese has since suggested even more cuts need to be made in next year's budget.

Among the eliminated positions were revenue- and business-generating positions, such as tax auditors and economic development employees. However, since those positions were cut, Buckeye has posted job openings for positions such as lifeguards, seasonal recreational aides, a budget manager, librarian, recreational specialists, neighborhood services coordinator and accounting clerk as well as police dispatchers.

The librarian position was listed as eliminated in the November cuts, but has since been filled again. During those lay-offs, the tax collection division was basically dissolved, said Debbie Nunley, former tax audit manager.

The tax division was a revenue-generating division for the town, according to a memo Nunley sent to Reese, Assistant Finance Director Gilberto Villegas and consultant Pat Walker. In just the first four and a half months of the fiscal year, the tax division had collected more than $223,000 in revenue recoveries and issued more than $456,000 in audit assessments for the town, according to the memo.

Nunley also worked with the state to correct errors in taxes, and had so far this fiscal year corrected $27,674 and was working on correcting another $81,000, she wrote in her memo.

"This is money that Buckeye would not get if I were not monitoring the state's tax system and working with ADOR to correct errors. This is a continuous task that must be done on an on-going basis," Nunley wrote. Nunley, Villegas and another tax division employee, Dorothy Kreps, were among those laid off.

Looking for places to cutAfter Reese told the Town Council more cuts were likely in the near future, Councilman Dave Rioux said he would like to see any more cuts come from upper-level positions.

As a result of Rioux's statements, Assistant Town Manager Scott Rounds filed a harassment complaint, in which he said he was seeking medical attention because of Rioux's behavior.

Since the town laid off 39 employees, it made sense that the fewer employees there are to manage, the less need there is for management positions, Rioux said.

Rounds also alleged in the complaint that Rioux said he "intended to cut tuition reimbursement for the PhD employee," which, according to Rounds, singled him out.

Rioux denies making the statement regarding Rounds' tuition reimbursement.

A records request for employee tuition and higher education reimbursements shows that Buckeye reimbursed 23 employees a total of $24,115.86 in education costs over the 2008-09 fiscal year.Of that, Rounds received $2,160.

Employees who received more than Rounds include former Community Development employee Teresa Ford, $3,464; former Information Technology employee Brandy Severson, $3,120; and permit technician Kim Price, $3,414. Severson and Ford were laid off last November. Sara Guy, Guy's daughter-in-law, was reimbursed $1,101 for education expenses.

Monday, March 30, 2009

A letter to the Mayor and Council on the behalf of Citizens For A Better Buckeye (Sent 3/30/09)

Dear Mayor and Council:

This email is being sent to you on the behalf of the Citizens of Buckeye. Over the last year we have observed several issues which concern us very much. I am speaking about your responsibility as a Council to make appropriate decisions in the best interest of the Town.

The Citizens of this Town are requesting that you place immediate attention on this matter and terminate these relationships. Neither Ms. Guy nor Mr. Rounds have the appropriate experience or education required to manage their positions effectively. In the case of Ms. Guy her education comes to nothing more than a GED high school education.

In the case of both individuals we have observed many wrong doings within their department which includes but not limited to questionable illegal activities and discriminating practices that reach far into all departments within the Town. As a result of these activities the Town has lost many exceptional hard working employees. These mistakes have placed a fiduciary impact on this Town in addition to giving it a bad reputation throughout the valley.

When Council decided to make Ms. Guy the permanent Town Manager she made very specific promises with regard to her education and certification required for her to maintain the position of Town Manager. She promised that she would continue her education by getting a degree which is generally required for this type of position. She further promised that she would complete and have the appropriate required certification by the end of 2008. Though she began accumulating her college credits she has failed to complete the required courses for certification as promised. She has been quoted in the AZ Republic dated Feb. 10, 2009, as stated;

“Guy responded that "there is no particular certification required for a Town manager." She said she chose to focus on completing her bachelor's degree at the University of Phoenix, which she is still pursuing, rather than get a certification.”

Certification as a Public Manager through ICMA or similar associations is required for all city and Town management positions. Therefore her statement is incorrect!

As a result of this Councilman Rioux was the only Council person who displayed concern for this and for this he has continuously been chastised by you and the rest of Council. We do understand that Councilman Rioux supported Ms. Guy’s promotion but, he seems to be the only Council person who has realized you made a mistake and that Ms. Guy has BREACHED her oral agreement with the Town.

Therefore we request the Mayor’s office and Council immediately request the resignations from both Ms. Guy and Mr. Rounds. We request that the Town immediately contact the League of Cities and obtain temporary replacements. Councilman Rioux stated that replacements could be found within 48 hours. We would then request that the Town begin a new search for replacements to these positions and this time make sure candidates not only came with experience but also with the required education and certifications.

We understand your concerns about bad press however; as long as these individuals remain employed by the Town I do not foresee and end in the near future.

If you and the Council are truly concerned about “What is in the best interest of this Town”, then your decision will be easy and you will understand our request more clearly. We look forward to your immediate attention in this matter so the Town of Buckeye can move forward in a more positive fashion in the future.

Respectfully:
Rick Fernandez
On the Behalf of the Citizens of Buckeye

Why are Buckeye Citizens demanding Recalls and Resignations

It has always been the intent of this blog to provide factual information to support any and all of its claims at all times. Some may think that I am the sole person behind this blog and all of its activities however; I can assure you that this is so far from the truth its ridiculous. As a matter of fact the growing number of individuals behind this movement to remove certain town personnel and elected officials has grown for one to now over twelve. This does not include the candidates that will run in the recall election this fall after all recall packets have been turned in with the required signatures.

Also since certain individuals would like you to believe I have personally spearheaded this campaign to recall Councilman Hardesty and McAchran or for demanding the resignations of Ms. Guy and Mr. Rounds for some self serving purpose, to this I can only say Horse Pucky! My position on running for the Council seat in district one is I would like to see multiple candidates run. As of to date I still have not officially made up my mind whether I will or will not. Of course if no other candidates come forward, I will run without a second thought. My primary concern at this time is to have the current town management replace before April 28th to save the town from a $100K retirement package.

As far as the Council recalls are concerned they will take place through its natural proceedings.

Our Stance on the current town management and why they must resign:

1. We can absolutely demonstrate without doubt that the current town management has and continues to conduct daily business in an unethical fashion. This information is forth coming very soon.

2. We have proven that neither Town manager possesses the appropriate credentials or education required to hold such as position.

3. Based on their lack of the appropriate credentials they are grossly overpaid.

4. It is a fact the Mayor is in favor of letting these two go but for some reason he insists on not letting the go immediately.

Our Stance on the current recall of Councilman Hardesty and McAchran:

Councilman Hardesty

1. Public records reviewed confirmed Hardesty's questionable votes and his personal business link to developers.

2. For at least two years or more, he routinely cast votes on projects that involved developers or companies that he was personally doing business with. That is, developers which had used or would eventually end up hiring his company, AAA Insulation, as a subcontractor on jobs throughout the town.

3. The most recent example of what appears to be a glaring conflict of interest is Hardesty voting to award Core Construction a $1.7 million contract to build Town Hall and eight months later; his company was hired to do the insulation work.

4. Once this was discovered his excuses offered were not very believable. He stated that even if he comes across developers' names in the agenda packets, he would not know whether his company is doing business with them because he is not involved in his company’s bidding process or sales activities.

5. Public records show several years' worth of Hardesty's Financial Disclosure Statements that he clearly knew what developers played a major role in contributing to the 2,000 to 2,500 jobs that his company does each year which resulted in about $2million in sales.

6. Public officials are required by state law (
ARS 38-542) to annually file the financial statements. [ARS 38-545 specifies the law also applies to local officials.]

7. Councilman Hardesty’s 2008 Financial Disclosure Statement, filed with the Town Clerk on Jan. 29, 2009, showed he listed Lennar Homes, Core Construction and Rmb Construction as clients that generated more than $10,000 and 25 percent of his company's gross earnings.

8. Previous years' Financial Disclosure Statements indicated he was aware which developers fell into that same category. Those listed were Canterra Homes, Centex Homes, K. Hovnanian Homes and Canusa Homes.

Councilman McAchran

Though Councilman McAchran has only been on the Council for only a little over a year many disturbing concerns have been raised as a result of his past history and present activities. Therefore we the citizens want to cut our ties with McAchran now rather then later after it’s too late. Since a Councilman is an elected official (servant) to his constituents, it is imperative that during his campaign and throughout his service in office that he maintain the highest level of standards involving honesty, ethics and integrity. From the very beginning Councilman McAchran has never displayed any of these characteristics. As a result we will show through recall the citizens of district one demand change and will elect a new Councilman to represent them who understands the meaning of Honesty, Integrity and Good Ethics.

As per Councilman McAchran’s Blog http://buckeyedistrictone.blogspot.com/ he denies all claims made against him. He also claims he will speak to anyone who contacts him. Below we will address his claims.

1. The recall stated which is displayed on his blog has been amended as of 03/30/2009. The amended recall statement is as follows;

“Councilman Brian McAchran is being recalled by the citizens of District One as a result of his past and present actions including his prior background as a police officer. We feel Councilman McAchran has repeatedly lied to the townspeople from the very first day of his campaign to present. Based on Councilman McAchran’s past it clearly shows he lacks integrity and has not demonstrated that he is capable of making rational or ethical decisions in the best interest of the town or his district.”

2. He claims he has no vested ownership in any part of La Placita Café. This we have proven to be incorrect on this blog and can further demonstrate our claims through public record.

3. He claims La Placita Cafe has never received any monies from the Town of Buckeye, or the Buckeye Main Street Association. Whether a grant from the Main Street Association was applied for is in debate and an issue to be discussed with the owners of La Placita Cafe, or the Buckeye Main Street Association. We can demonstrate he has lied again, after all this is a business he and his parents are involved in. Please read the Main Street Coalition Minutes(page two and Page three where Councilman Rioux stated a review was in order to verify no conflict exist with restictions upon relatives of public officials receiving funds) .

4. I have never engaged with a police officer of the town in any real estate transaction for personal gain. Although there is no ordinance, policy, or procedure which would prohibit this activity, I am in business with no person. I did co-sign for a residence in West Park to assist a friend with being able to buy the residence. I have no ownership in this real estate. And again, there is nothing that would prohibit this type of action. We find it very strange that a police officer, Councilman and Assistant Town manager are business partners. Sounds like potential Conflict to me based on their positions. The following was take from a Arizona Republic Blog;

Brucenjohnson Buckeye Police Officer Feb-27 @ 7:35 PM
Report abuse Reply

“We are personal friends and even business partners with BM and SR. Please understand they are our friends. We take our families on vacations together, we drink beer together and we stick together. SR recently lost his wife of 28 years. He is still in mourning. What proof does anyone have that he was with some Daisy Mountain fire fighter, traveling 95 mph in his corvette. Where did this happen? It sounds to me that someone is alleging that we at the police department are covering something up. I challenge anyone to meet with our Chief and ask him to verify if in fact this "speeding" even occurred. You will find that it never happened. There is no officer at this police department that would over look something like this. We can't speak to how other council members conduct their personal lives. If JG or JM or Terry Goddard feel an investigation is warranted. we will absolutely conduct on with absolute transparency as we always have. We are proud to serve you all. God bless President Obama. Maybe some federal money will come our way and we will be able to get back to some sense of normalcy.”

5. During his campaign he misstated the facts on how he ended up in Buckeye. The truth became apparent after learning more about his past in New Mexico. McAchran easily got a job with the Buckeye Police because one of his friends from the New Mexico police department was already employed with the Buckeye department. As a result he bypassed the normal background checks usually required. Please review the following documents;

Letter from Concerned Citizens of New Mexico

AZ Republic article after further research


Any way you look at it both Councilmen definitely do not stack up to be worthy of their positions. I can guaranty that if their constituents had any idea that both lacked character, they might not ever had been elected.

Sunday, March 29, 2009

We need Candidates to run in District One

Have you lived in district one for two years and want to be a part of Buckeye's growth and future? Do like to be involved in your community? Do you have some spare time that you could be an active elected official. Do you considered yourself to be morally and ethically sound, a person of integrity and open to new ideas.

If you answered yes to all four of these questions, then we would like you to consider running for the Council seat in district one. You have have an interest in doing so please contact us at RFBuckeye@gmail.com and we can answer any questions you may have and assist you with preparing the necessary paperwork required to run for this seat.

Our New Title

As a result of the growing concerns on the issues represented on this blog. Many citizens have come forward and are volunteering to assist in any way possible to see that these issues are addressed in an expedited fashion. I would also like everyone know there is no distinction between newbies or old times in this group. It's just about "Right from Wrong" and whats best for the town of Buckeye. Because of this we have decided to rename this blog to "CITIZENS FOR A BETTER BUCKEYE."
This committee of Buckeye Citizens are committed to see this through to the end.

The Hardesty Poll 3/29/2009 Update

Mr. Hardesty must resign, it's the peoples wish.

About eight months after
Buckeye Councilman David Hardesty voted to award Core Construction a $1.7 million contract to build Town Hall, the construction firm hired his company to do the insulation work. Is this a conflict of interest?

Yes 89.57%
No 10.43%


Total Votes: 230