KINGMAN - Mohave County is sticking to its policy to not allow the public or employees to engage in political activity on county property.
Golden Valley resident Luca Zanna has challenged the county on the policy, and a Phoenix attorney contacted by the Miner does not believe the Arizona Revised Statute the policy is based on can be stretched to include the public.
In November, Supervisor Buster Johnson asked Zanna and another man to stop passing out leaflets listing the voting record of Sen. John McCain at a town hall meeting the senator held at the County Administration Building in Kingman. Johnson cited a county policy that prevents politicking on county property.
When Zanna tried to contact the County Supervisors and the County Attorney's Office about the policy, he did not get an immediate response. The County Attorney's Office did send him an e-mail stating that the county has a policy not to allow politicking or petitioning on county property.
Zanna attempted to get more information on the policy during January's Board of Supervisor's meeting but was asked to stop speaking because he was breaking the Arizona Open Meeting Law by talking about a topic that was not on the Board's formal agenda.
Supervisor Tom Sockwell said he met and spoke with Zanna on Nov. 3. McCain's town hall meeting was Nov. 13. Supervisor Gary Watson spoke with Zanna a few days after the Board meeting.
In a letter to the editor, Sockwell quoted Arizona Revised Statute 11-410, which states that a county shall not use its personnel, equipment, materials, buildings or other resources to influence the outcome of an election. It also states that county employees shall not use their positions to influence an election or subordinate employee's vote.
The statute does allow a county to distribute information on a bond election and the official actions of county supervisors.
Outside attorney weighs in
The Miner contacted Dan Barr from Perkins Coie in Phoenix, an attorney who works with the Arizona Newspaper Association, about the statute.
Barr didn't see anything in the language of the statute that would prevent someone from the public from passing out information on county property, as long as the person was not being disruptive.
Zanna said he was not being disruptive at the town hall and agreed to stop passing out the flyers in order to not make a scene.
"It appears to be directed only toward county employees," Barr said of the statute.
A county can restrict the time, place and manner of a gathering on its property, but this is not the statute that does so, Barr said.
If the county has a policy that extends the statute to everyone, then what was McCain doing there, he asked.
"If a person cannot pass out an elected official's voting record, then what's the point?" Barr asked. The First Amendment was designed to protect political speech, he said.
Not a campaign stop
Supervisor Buster Johnson and Ekstrom both said earlier this month that McCain was holding the town hall meeting to discuss issues with the public. The meeting was not a campaign stop.
McCain, who is running for re-election, held a political meeting with members of the local Republican Party at the Dambar & Steak House earlier that day, County Attorney Bill Ekstrom said.
Ekstrom agreed that the statute, as written, applies to county employees, but in order to prevent any political activity on county property, the county has to expand it to include activities by the public, he said.
The county does not wish to infringe on the rights of any of its residents, but it has to maintain a level of decorum during events and allow people and county employees to go about their business without being stopped by people with petitions or flyers, Ekstrom said earlier this month.
Zanna plans to stick with his challenge to the policy. He is trying to get the issue discussed at a Board of Supervisors meeting. So far, he has been unsuccessful.
Reader Comments
Posted: Wednesday, March 24, 2010
Article comment by:
We Can Recall Sockwell
Folks, the recall is really charged up, we are raising money and getting signatures! This county has been under the corrupt thumbs of this BOS for too long, and they have gone too far. We can now remove Sockwell from office. Help us do this. Please go to RecallSockwell.com to help! We meet every week, we need your help, be part of history to clean up this county! RecallSockwell.com for info!
Posted: Tuesday, March 23, 2010
Article comment by:
Betsy Ross
Icarus. You are so ridiculous. You say Zanna was 'disruptive' because he was holding a flyer in his hand? And, then you say why not have booths and a flatbed truck with a megaphone? What is wrong with you? We all know that you can't set up flatbeds and megaphones on the street and start yelling and disturbing everyone. Who would do that? Zanna was not screaming over a megaphone or 'shoving' a paper at you. He was standing there peacefully handing out McCain's voting record for all to see. If that is 'disruptive' to you and you are THAT sensitive and fragile...perhaps you should visit a psychiatrist and see if you can't be a little 'tougher' in life so you can withstand a man standing there handing out a flyer. You must have ZERO tolerance for anything in life...does the sound of a bird singing disrupt you?
Posted: Monday, March 22, 2010
Article comment by:
Please Step Up and Help with www.RecallSockwell.com
To help with RecallSockwell go to www.RecallStockwell.com or email MohaveFreedom@Yahoo.com. We are getting stronger every day but we still need people to circulate petitions and we need donations. Now is the time for change and we can do it. Thank you.
Posted: Thursday, February 04, 2010
Article comment by:
M. passaro
I have read and re-read the Az. statute 11-410 and it clearly states that it is in regards to County employees, this is not a statute governing private citizens. Since the Title 11, is counties, The chapter 3 art.1 heading is "COUNTY OFFICERS"...a second grader could understand this statute.And in other writings, and court case history, all the text revolves around officials , employess etc...of cities, counties, states.
The actions of denying Luca his freedom to share his views on Mccain, or just hand out copies of the public voting records for John McCain, was in direct violation by the County officials, of the statute they are using...they actually broke their own rules by prohibiting Luca from distributing materials that day.
I would gladly join in with Mr. Zana to fight against the violators and they should be held accountable in full extent.
It is the infringement upon our rights at the very local levels, that have gone unchecked , that have led us to the path of tyranny we are now facing at the federal level.
Whatever we do, we can not let this go as though it is a minor infraction....all of our rights are as major, and of utmost importance as the next.
Posted: Wednesday, February 03, 2010
Article comment by:
Paratrooper
Icarus , those are called 3 point landings . I was there , obviously you were not ???? Were you in klintons outfit ????
Posted: Tuesday, February 02, 2010
Article comment by:
Spartacus
"Supervisor Buster Johnson and Ekstrom both said earlier this month that McCain was holding the town hall meeting to discuss issues with the public. The meeting was not a campaign stop."
The supervisors are either stupid, or trying to cover their tracks. (Both, perhaps?) As long as he's in office, anything McCain does in public is a campaign stop.
Posted: Tuesday, February 02, 2010
Article comment by:
Jeff C.
To Suzanne Adams,
Thanks for taking the time to stay involved and report on this matter.
To Luca Zanna,
I suggest contacting the American Center for Law and Justice to see what advice or help they may offer if any.
https://www.aclj.org/Contact/
To Icarus,
If the County has some sort of power to prohibit people from talking about or informing people on the voting records of politicians.....is there some valid reason John McCain was allowed to have a loud speaker on County property so he could speak about his?
Why were the people in the audience at the event not threatened with an escort off of the property when they stood up and spoke about his voting record?
Why was John McCain not threatened with being escorted from the event when he spoke about his voting record (politicking)?
It has to do with power and control.
To tyrants, power is the name of their game.
Notice when Obama spoke at an event it is fine and dandy if everybody in the audience stands up and interupts his speech with applause and hoorays.....but have one person interupt the speech with "liar" when he is caught in a lie and that is called disruptive!
A bunch of tyrants as far as I am concerned.
Posted: Tuesday, February 02, 2010
Article comment by:
Al G
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
In the 20th century, the Supreme Court held that the Due Process Clause of the Fourteenth Amendment applies the First Amendment to each state, including any local government.
Therefore, I submit that the county (and perhaps the state of Arizona) is in violation of the 1st and 14th Amendments of the Constitution!
As I mentioned in an earlier post, I suggest that interested parties in this violation of Constitutional freedoms contact our Arizona Attorney General, Terry Goddard.
Frankly, I'm sure that no county nor state nor federal property can arbitrarily be made 'off-limits' to peaceable protest and free speech. However, I can invision certain areas where it could be prohibited such as in the center of a runway at an airport or within a prison, but even then, it seems to me that alternative locations for the protest should be provided which would be of equal value to the protestors.
The problem with such prohibitions on county property is the obvious question, "Then, where can one protest?" Certainly protestors can't express their Constitutional right to free speech on private property! Certainly not in my home! So don't such restrictions circumvent a citizen's Constitutional right to Free Speech? If not on public property, where?
Posted: Tuesday, February 02, 2010
Article comment by:
Icarus
@Paratrooper:
Who's to say where the line between "cordial" and "disruptive" is? You? I don't think so. I would find some stranger pushing a leaflet at me disruptive. I don't want anybody trying to sell me their political views while I'm conducting my business. Too many hard landings?
Posted: Monday, February 01, 2010
Article comment by:
Dan
Just looked up 11-410! This is the law!
Note the first part shows you this is in Chapter 3 County Officials.
Chapter 3 COUNTY OFFICERS
Article 1 General Provisions
11-401 Enumeration of officers
11-402 Qualifications
11-403 Practice of law prohibited to certain officers; exceptions
11-404 Residence of county officers
11-405 Limitations on absence of officer from state
11-406 Term of office
11-407 Duties of successors to office
11-408 Consolidation of offices
11-409 Deputies and employees; appointment
11-410 Use of county resources or employees to influence elections; prohibition
11-411 Performance of duties at place other than county seat; record filing
11-412 Seals for certain officers
11-413 County offices; business periods
11-414 Monthly statement of fees earned; disposition of fees
11-416 Liability for failure to collect and remit fees
11-419 County salaries
11-422 Salary of clerk of the board
11-424.01 Salaries of precinct officers other than justices of the peace; definition
11-424.02 Receipt of salary by justices of the peace; affidavit; pending and undetermined causes; violation; classification
11-410. Use of county resources or employees to influence elections; prohibition
A. A county shall not use its personnel, equipment, materials, buildings or other resources for the purpose of influencing the outcomes of elections. Notwithstanding this section, a county may distribute informational reports on a proposed bond election as provided in section 35-454. Nothing in this section precludes a county from reporting on official actions of the county board of supervisors.
B. Employees of a county shall not use the authority of their positions to influence the vote or political activities of any subordinate employee.
C. Nothing contained in this section shall be construed as denying the civil and political liberties of any employee as guaranteed by the United States and Arizona Constitutions.
Please note NO MENTION in this law forbidding that says anything about a private citizen!
It is time we Re Call all of these so called officers.
In a recall petition you have to state the reason why in I think 120 words. I could wright these in a lot less.
"This petition is to RECALL (place in the name of the elected official who stopped the passing out material, and who stopped Luna from speaking at the board) DUE TO THESE FACTS.1.STUPIDITY!
2.VIOLATION OF FREEDOM OF SPEECH!"
That is all 90 spaces in the old method of word counting that would be 14 words.
Clear simple and factual.
Posted: Monday, February 01, 2010
Article comment by:
P-Rod
Who cares what some damned lawyer in Phoenix says.... I'm curious to know what the attorney general will say... by the way... who's paying for this "advice" , is the KDM going to raise their prices to pay for it? Considering the fact that this newspaper isn't worth the money paid for it now, I can see this coming.. and by the way, why can't someone in the CAO'S office answer the question? I know... the CAO is incompetent and so are his deputies... right sheriff?
This gets curiouser and curiouser.
Posted: Monday, February 01, 2010
Article comment by:
Luca Zanna
TO WOODY...
the battle for liberty has just started...
first trial on the public forum for the public opinion... just stay tuned and do your part... we will do ours.
I cannot say more at this time.
Posted: Sunday, January 31, 2010
Article comment by:
Paul Frankfurter
"You people" that occupy space at OUR county building are on OUR property. (How does it feel now that you are being called "YOU PEOPLE!) How dare you even imply that you may try to limit our free speech or limit anything else we may want to do on OUR property. I personally think the booths and sound truck with blaring bullhorns are an excellent idea.
To you Mr. Luca Zanna - you are a patriot of the finest caliber. Keep up the the good fight.
Posted: Sunday, January 31, 2010
Article comment by:
Paratrooper
Icarus , you are unaware of that section that prohibits DISRUPTIVE BEHAVIOR which is what you are espousing . Too close to the sun ?
Posted: Sunday, January 31, 2010
Article comment by:
No name provided
Dear Icarus,
Last I heard the County building was bought with our money. If the public at large wants to allow leaflets on their property they have that right.
That being said, most policies are written to restrict access to their space by the public. This would be fine if they kept it to that, but at times it's to keep information embarrassing or illegal out of the public eye. Suffice it to say I have personal knowledge of the way Walker runs this County. ALL policies are created for the purpose of protecting him and his. To hell with the taxpayers.
Posted: Sunday, January 31, 2010
Article comment by:
Icarus
So you people think there SHOULD be political shenanigans on County property?! So first it would be leaflets, then why not set up tables and booths? and everybody make sure to bring your megaphones, how about a flatbed truck with screaming political supporters using a speaker system? Why stop there, you can hire that gauntlet of guys from the Vegas Strip that flick the cards with the naked ladies on them, but instead of ladies, there's your favorite candidate? The people in this town are from a Twilight Zone episode.
Posted: Sunday, January 31, 2010
Article comment by:
DVS
Luca, thanks for sticking with the fact. You are at least getting an answer from an attorney. The BOS owes you an appology. This only goes to show the people that the politicians do not want us involved. WE ARE GOING TO STAY INVOLVED. Thank you "Miner" for investigating.
Posted: Sunday, January 31, 2010
Article comment by:
hornett
Like fools the people voted those creaps back in at the last election...another case of the people laying down on the job. And if my memory serves me right that was even after those jerks voted to give themselves a new $40 thousand vehicle to tool around in.......WHAT A FRIGGIN JOKE.
My policy for the last few years has always been,,,,VOTE AGAINST ANY/ALL INCUMBENTS.....but just not enough people here did that the last time around.....
Posted: Sunday, January 31, 2010
Article comment by:
Paratrooper
In a letter to the editor, Sockwell quoted Arizona Revised Statute 11-410, which states that a county shall not use its personnel, equipment, materials, buildings or other resources to influence the outcome of an election.
Note the verbage . It says that it SHALL not . Nowhere does it say that it may PROHIBIT .They may NOT do that which Mr. Zanna and others MAY do . All those that usurped Mr. Zannas rights as well as those rights of others should be held AS accountable as anyone that violates the "disruptive" aspect of the statute . They disrupted a LEGAL and orderly expression of First Ammendment freedom .
If you look closely at the sword that is held by the blindfolded Lady Justice (which is displayed in ALL courts) you will note that cuts BOTH ways .It's time to test that method of the application of JUSTICE .
Posted: Sunday, January 31, 2010
Article comment by:
DaveG
Another, all to often, case of elected officials thinking "we the people" are just too stupid to be their boss and they know best!
Well, we'll see who is in charge at election time! It WILL be "house cleaning time" at their next election!
Posted: Sunday, January 31, 2010
Article comment by:
Woody
Here we go again! Are you ready to take these tyrants to court Luca? Maybe at least try to embarass them with recall petitions... None of them are worthy enough to be where they are. Especially ekstrom. Always been a do nothing "practicing" attorney, then a do nothing(for the People) county attorney. Unless of course, there was something in it for him... Now, a legal adviser for sockwell and johnson? A prime example of one of the major problems in Mohave County... TOO MUCH HIGH PRICED, SELF SERVING DEAD WEIGHT...
A Free People... as Free as we can be, until confronted with the "power of the gun barrel", should know one thing. When a corporation writes rules and regulations they apply to whom? Right! The employees of the corporation. Aren't Kingman and Mohave County corporations? To the best of my knowledge, Luca does NOT work for the city OR the county! Therefore, this so-called "statute" does NOT apply to him or any other Private "Citizen" in THIS county or any other. PERIOD!!!
To put it another way... There are "rules," "codes," "regulations," "ordinances," "infractions," and all the other socialist labels. Then there is "LAW"... ie: The "CONSTITUTION"! The Thing ALL Public Servants swear to uphold and defend. Against ALL enemies foreign AND Domestic. These "LAWS" can NOT be TAKEN away... you can give them up by contract, or you can continue to sit on your duff and do nothing to protect them. How about all you Vets out there?
Did you not take such an Oath when you joined the Service? Of coures you did! Are you ready yet to fulfill that Promise?It is LONG past time for more Freemen AND women, to stand up to these goose-stepping thugs!!! GOD SAVE THE REPUBLIC, DOWN WITH THE NEW WORLD ORDER!
Posted: Sunday, January 31, 2010
Article comment by:
Challenge the BOS Legally
It's obvious people will have to challenge the Board of Supervisors in a legal manner which would allow a Judge to interpret the Statute and override the Board of Supervisors.
Until then, they will not hear people. They will do what THEY want, whether it's in the best interest of the County or not.
Posted: Sunday, January 31, 2010
Article comment by:
Nana Jo
So, does this mean that if I, as a member of the public, have a bumper sticker on my car, I cannot park on county property in order to conduct county business, such as paying my taxes, or using the library? According to Ekstrom, it appears that my bumper sticker in support of a political issue or a candidate would be "politicking" on county property. Sounds like that violates my rights as a citizen.
Posted: Sunday, January 31, 2010
Article comment by:
Name this officerholder
Ever notice that over every cash register in every retail business you have a placard reading the name of the county attorney and then stating that he or she prosecutes all bad checks. By putting the name of the county attorney on the placard they are using county materials to influence the re election of that county attorney. If and when a new county is elected then all these placards have to be reprinted at taxpayer expense. Why not just state that bad checks are punished and leave off the name of the politician who's job it is to prosecute bad checks.
Likewise all the mail we get from the assessor's office lists the name of the assessor, we write checks to the treasurer in the name of the treasurer instead of the name of the county. This is all geared to keeping the powerful in power.Power has its privilege and we have become so ingrained with it we hardly notice it anymore. How bout it county attorneys, and other elected officials, how bout taking your personal name off printed materials and just list the office and if you must, the duties of office and leave the personal names off. We know who you are.
