Council appoints Michael Frazier as new City Manager
Surprise, AZ (November 6, 2018) The Surprise City Council unanimously voted to appoint Michael Frazier as the Surprise City Manager at their Regular Meeting on November 6.

Frazier has served as the city’s Assistant City Manager since July 2015, with the following departments reporting to him: Police; Fire-Medical; Public Works; Finance; Water Resource Management; and Marketing and Communications. He first joined the city in 2011 as Police Chief.
He will replace Bob Wingenroth as City Manager. Wingenroth, who has served as the Surprise City Manager since 2014, announced earlier this month that he was resigning for personal reasons. His last day with the city is November 16, with Frazier assuming the City Manager position the following day.
Frazier has a long and distinguished career in Arizona law enforcement, which began in September 1975. From October 2007 until accepting the role as the Surprise Police Chief in 2011, Frazier served as the Police Chief for the City of El Mirage. He began his law enforcement career with the Phoenix Police Department, where he served for 32 years, retiring as the Executive Assistant Police Chief after working his way through the ranks and having served in nearly every division of the police department.
Frazier earned a Bachelor of Science Degree from Arizona State University in Justice Studies and a Masters Degree in Educational Leadership from Northern Arizona University. He is married and has three children.

MARKETING & COMMUNICATIONS
Diane Arthur, Director
diane.arthur@surpriseaz.gov
623-222-1422
http://www.surpriseaz.gov/
For Immediate Release

Mayor Wolcott announces plans to resign; succession process set per code
Surprise, AZ (November 7, 2018) City of Surprise Mayor Sharon Wolcott announced her intention to resign at Tuesday’s Regular Council Meeting. Read her message.

Wolcott was first elected as mayor in November 2011 and re-elected in August of 2016. Prior to her service as mayor, she was a member of the Surprise City Council.

Wolcott’s final day as mayor will be Friday, November 16.

Per city code, all remaining members of the council are eligible candidates to fill a mayoral vacancy. The mayoral candidate must be selected no later than the second regularly scheduled council meeting following the creation of the vacancy.

Selection process: Any council member may nominate any eligible candidate, with no second required. All nominations must occur prior to voting. Voting will be by written ballot. The candidate receiving a majority of the votes will fill the vacancy. In the event that no candidate receives a majority of votes, the two candidates receiving the highest votes will be considered in a run-off vote. The first candidate receiving an affirmative majority of the votes cast will fill the vacancy. The meeting may not adjourn until the vacancy has been filled.

No later than the next regularly scheduled council meeting following the mayoral selection, the city clerk must administer the oath of office.

The selection of mayor under this section will trigger a vacancy in the district from which the mayor-select previously served, setting the stage for an appointment process for that district until the next election in which that seat would be on the ballot.

With two years left on Mayor Wolcott’s term, the council’s selection, will serve as mayor until December 31, 2021. The next election for the mayor’s seat would be the Primary Election in 2021, and the winning candidate would then begin a new four-year term on January 1, 2022.

For your coverage consideration….

S‌urprise, A‌Z (November 7, 2018) These are the following District 1 city election unofficial results as released by the Maricopa County Elections Department, Wednesday morning at 2:17 a.m. (Bold denoted winner):

Jim Cunningham 1,965 votes (43.88%)
Roland F. Winters Jr. 2,488 votes (55.56%)

For the results to all County and State ballot issues please visit https://recorder.maricopa.gov/electionresults/.

Posted on: September 25, 2018
District 1 City Council Election Update

After extensive legal review, including consultation and obtaining the legal opinion of outside counsel, the City Attorney’s office has issued the following statement regarding the election:
On September 11, 2018, the City Council approved the results of the August 28th primary election received from the Maricopa County Elections Department. The returns showed that James Cunningham and incumbent District 1 Councilmember Roland Winters received the highest number of votes, with 1,247 and 1,189 respectively. In accordance with Arizona law, City Council directed that both Mr. Cunningham and Mr. Winters’ names be placed on the ballot for the November 6th general election for District 1.
On September 19, 2018, the City Clerk received an email message from a resident claiming that Mr. Cunningham is not an eligible candidate, because he was not registered to vote in Surprise when he filed his nominating petitions. The City Clerk has confirmed with the Maricopa County Elections Department that Mr. Cunningham, in fact, was not a registered Surprise voter when he filed his nomination papers, and Mr. Cunningham has confirmed with the City Clerk that he was not registered at that time.
Arizona statutes mandate that a candidate be a “qualified elector” of the City at the time of filing nomination papers to be eligible to appear on a ballot for the Surprise City Council. To be a “qualified elector,” a person must be a registered voter in Surprise. If a candidate is not a “qualified elector” when he or she files their nominating papers, they are not eligible to be elected.
However, the City Clerk is required by Arizona statutes to accept nominating petitions that appear valid on their face and place the candidate on the primary election ballot. Arizona law does not permit the City Clerk to investigate or challenge whether a candidate is a “qualified elector” when he or she files nominating papers. Furthermore, Arizona law provides no authority, absent a court order, for the City Clerk, the City, or the County to remove a candidate’s name from the ballot if it is later determined that he or she is ineligible to be elected.
There were two opportunities for any Surprise elector to challenge by court action Mr. Cunningham’s eligibility to have his name on a ballot, the first being within ten days after the last day for filing nomination petitions, the second within five days after the canvass of the primary election on September 11th. Because these two statutory remedy periods have elapsed with no challenge having been filed, the Arizona Superior Court would likely have no jurisdiction to intervene.
Since the City Clerk lacks any legal authority to remove Mr. Cunningham’s name from the ballot, and no current availability of a statutory remedy exists, the only remaining question is how the votes in the general election will be counted. The Arizona Supreme Court answered this question nearly a half century ago in the case of Tellez v. Superior Court by holding that, “votes cast for a deceased, disqualified or ineligible person are not to be treated as void or thrown away but must be counted in determining the result of an election.” In the event Mr. Cunningham receives the majority of votes cast in the November general election, Arizona statutes provide for an additional opportunity for a Surprise elector to challenge, by court action, his eligibility to hold office. If he fails to receive a majority of votes, the matter becomes moot.
See press release…

Arizona Republic Published 5:22 p.m. MT Nov. 5, 2018 | Updated 6:58 a.m. MT Nov. 6, 2018

Arizona has a lot at stake Tuesday.
A U.S. Senate seat. Nine seats in the U.S. House of Representatives. The governor’s office and the entire state Legislature. Multiple ballot propositions.
U.S. Senate seat. Nine seats in the U.S. House of Representatives. The governor’s office and the entire state Legislature. Multiple ballot propositions.
And to top it off, questions abound in Maricopa County over whether the election process will go smoothly at the polls.
We want your news tips to help us fully cover the scene.
Did you experience a problem at the polls?
Snap a picture of a candidate doing last-minute campaigning?
Want to sound off on why you voted as you did?
Here’s how to contact us:

Email: newstips@arizonarepublic.com
Twitter: Tweet to @azcpolitics
Phone: Call 602-444-6397

We’re also part of ProPublica’s Electionland project, a collaboration of newsrooms across the country tracking voting problems on Election Day. You can help us by signing up now. Text VOTE to 81380. You can also use WhatsApp to contact us at 1-850-909-8683 or reach us through Facebook Messenger here: http://m.me/electionland.
Dig Deeper
Arizona midterm election 2018

WE SHOULD CALL OUR LOCAL PAPERS AND TELL THEM THAT IN OUR OPINION THEIR COVERAGE OF SURPRISE IS POOR IF NOT NONE EXISTING.
anonymous Says:
RVUKANOVICH, I UNDERSTAND THAT YOU WERE VICE-MAYOR IN THE CITY OF SURPRISE, WILL YOU BE WRITING ARTICLES?
YES, I WILL BE WRITING ARTICLES, ESPECIALLY THOSE THAT THE PAPERS DON’T LIKE TO TOUCH. PLEASE SEND YOUR COMMENTS TO ME, TELLING ME WHETHER OR NOT TO USE YOUR NAME. I WILL BE THE ONLY PERSON TO HAVE YOUR NAME AND WILL NOT USE IT IN ANY WAY OTHER THAN WHAT YOU PERMIt.

Executive session

For information Purposes; Upon a public majority vote of a quorum of the City Council, the Council may hold an executive session, which will not be open to the public, but for only the following purposes:

– discussion or consideration of personnel matters (A.R.S. §38-431.03 (A)(1));
– discussion or consideration of records exempt by law from public inspection (A.R.S. §38-401.03 (A)(2));
– discussion or consultation for legal advice with the city’s attorneys (A.R.S. §38-431.03 (A)(3));
– discussion or consultation with the city’s attorneys regarding the city’s position regarding contracts that are the subject of negotiations, in pending or contemplated litigation, or in settlement discussions conducted in order to avoid or resolve litigation (A.R.S.§38-431.03 (a)(4));
– discussion or consultation with designated representatives of the city in order to consider its position and instruct its representatives regarding negotiations with employee organizations (A.R.S. §38-431.03 (A)(5)); or
– discussion, consultation or consideration for international and interstate negotiations or for negotiations by a city or town, or its designated representatives, with members of a tribal council, or its designated representatives, of an Indian reservation located within or adjacent to the city or town. A.R.S. §38-401.03 (A)(6)).
– discussing or consulting with designated representatives of the city in order to consider its position and instruct its representatives regarding negotiations for the purchase, sale or lease of real property (A.R.S. §38-431.03 (A)(7)).
Confidentiality Requirements Pursuant to A.R.S. §38-431.03(C)(D): Any person receiving executive session information pursuant to A.R.S. §38-431.02 shall not disclose that information except to the Attorney General or County Attorney by agreement of the City Council, or as otherwise ordered by a court of competent jurisdiction.
The council may vote to hold an executive session for the purpose of obtaining legal advice from the Board’s attorney on any matter listed on the agenda pursuant to A.R.S. § 38-431.03(A)(3).

CALL OF ELECTION
Public Notice of the City of Surprise, Arizona.
Notice is hereby given that the City of Surprise, Arizona will hold the following elections:
General Elections:
General Election -Tuesday, November 6, 2018
Offices to be filled – One council seat with a 4-year term for Districts 1 (Acacia).
Who can vote? All registered voters in the City of Surprise will have options to vote on State, County, School District and propositions. Only residents residing within District 1 will have an opportunity to vote for a Council Representative.

It appears that A.R.S #38-231 has been diminished in the city’s oath of office.

City council meeting Oct. 16, the executive session they held, should have been in an open meeting.

The City Council, during an executive session Tuesday, directed the city attorney to work on an employment contract for Frazier to fill Wingenroth’s seat, Arthur said. They will vote on the contract at the Nov. 6 meeting.

There will be a complaint filed with the attorney general that the council violated the rules of executive sessions by giving information to outsiders of what was said and done in the executive season.

An email about the Oct.16 meeting was sent to city attorney Bob Wingo & to the Az open meeting Ombudsman

Today In Surprise
City of Surprise News
Posted on: September 4, 2018
City of Surprise distracted driving law goes into effect 9/6

Driving and using mobile devices that are not operating in a hands-free mode, is illegal within Surprise city limits effective this Thursday, September 6.

The ordinance, which Council approved last month, penalizes driving and using a mobile communications device unless usage is in hands-free mode or if the driver is communicating an emergency situation to emergency personnel.

Ordinance violators will be subject to a civil penalty of up to $250 plus any other assessments authorized by law.

Public safety personnel operating in their professional capacity are exempt from the ordinance.

Drivers can continue to use two-way radio communication as long as they continue to safely operate the vehicle.

To read the ordinance, please visit: http://bit.ly/2MHsDTI

This ordinance is another tool in the city’s Drive Wise, Surprise campaign to encourage safe driving habits.