The Town of Oro Valley has thrown a road block in the way of residents, who collected over 3000 signatures, to stop the purchase of the El Conquistador Country Club and golf course. Oro Valley Town Clerk Julie K. Bower notified the group, Tee’d Off Over Tax Hike, (T.O.O.T.H in OV), that their petitions would be rejected because the serial number was not on the petition – what many would construe as a minor clerical error.
The group turned in a total of 3,158 signatures to Bower last week. After Bower expressed concern about the clerical error, the group, with only 4 hours before the deadline would pass, gathered 1070 signatures on corrected petitions. Unfortunately that effort fell short of the 1148 minimum signatures needed for the referendum to be placed on the ballot.
Although they only needed 1,148 signatures for the referendum, democrats and republicans worked together to turn in well over twice that amount. The move signals to many in the community that a recall of the run-away-Council is not only possible, but likely after the abuses of residents’ trust by Hiremath, Vice-Mayor Lou Waters, Council members Mary Snider and Joe Hornat during the behind the scenes deal making with Tucson apartment developer Humberto Lopez.
According to Lamonna, the Town Clerk provided no instruction to the group when it initially began the petition drive, except to follow an Arizona Secretary of State’s multi-purpose handbook for Initiatives, Referendum and Recalls. While the group was given the Secretary of State’s handbook, the Clerk’s instructions were not explicit as to what number would be placed in the bottom left hand corner prior to giving the petitions to the circulators. However, each petition had a copy of the referendum attached, so there could be no confusion to signers – the language and purpose of the petition was clear. What is not clear however, is what the purpose of the bottom notation would be other than clerical housekeeping.
According to a legal expert, a clerical error is the result of an oversight, and such was mistakenly, not purposely, made. The copy of the resolution accompanied each petition. As a result the intent of the petition was clear, as was presumably the intent of petition signers. The expert says that the forms can be easily remedied and the Town should not object to them.
The Oro Valley Town Council plans to vote at their meeting tomorrow, January 21, on whether or not to suspend the sales tax increase which was approved for the purchase of this property.
T.O.O.T.H in OV, a Citizens Action Committee, is seeking legal counsel to fight the Town’s effort to disenfranchise residents. According to the Secretary of State’s office, some cities and towns will review the draft of referendum petitions to allow for correction of deficiencies. Oro Valley, however, places the responsibility for compliance solely on the political committee and will not “provide legal advice.”
Related Articles:
Oro Valley’s El Conquistador management deal contract raises questions
Oro Valley tax hike for golf course facing referendum petition
Oro Valley Town Council votes on El Conquistador acquisition
12/17/2014: A “Watershed Moment” For The Town Of Oro Valley
Oro Valley Council forced to open public discussion of El Conquistador purchase
Oro Valley residents denied voice in proposed El Conquistador purchase