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The Prescott Daily Courier | Prescott, Arizona

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7/21/2010 10:02:00 PM
Prescott Valley Police push to change town code to comply with 1070
Special to the Courier

The Prescott Valley Town Council Thursday night will consider whether to strike from town code two items of police procedure to bring it into compliance with Arizona's tougher new immigration law.

Prescott Valley Police General Orders instruct officers to provide individualized law enforcement services to those who need it, including undocumented aliens, and to take no police action to arrest or book someone who has violated U.S. Immigration Code.

Commander Bill Fessler said that while the department will have to bring its own procedures into compliance with SB 1070 - the immigration enforcement bill signed into law by Gov. Brewer in April which requires state law enforcement personnel to enforce immigration law - that does not mean illegal immigrants in Prescott Valley will get less service from police, or that police will give less attention to crimes against them because they are illegal.

"We don't want to instill a fear that will make someone not contact us. We have mandates (related to SB 1070) that we have to follow now, but if someone is a crime victim, it is our intention to focus on the crime. Let's focus on the problem that you have, then we'll address the issues related to SB 1070," he said. "We will not just look the other way on a crime just because someone is an illegal immigrant. That is the peripheral issue."

In his recommendation to the council to adopt Resolution No. 1710 repealing the two items concerning undocumented aliens, Police Chief Jim Maxson said that in 2002 the council adopted Ordinance 530, which allows revisions of the Police General Orders by the chief and town manager without formal council review. The exception was a list of policies considered "high-risk," including those related to immigration law enforcement.

If SB 1070 survives legal challenges and becomes effective next Thursday, Prescott Valley's current police policies regarding immigration will be unlawful.

Maxson's recommendation states that among the provisions of SB 1070 is "authority for any legal resident to sue in Superior Court to challenge any official or agency that adopts or implements a policy that restricts enforcement of federal immigration laws to less than the full extent permitted by federal law." Therefore, he said, Prescott Valley should strike down the two portions of the General Orders that will be in violation of the new law.

Despite challenges that might keep SB 1070 from going into effect in July, Maxson said, "Staff is suggesting that it is prudent now to repeal the two General Orders which, on their face, limit enforcement of federal immigration laws."

Maxson also reminded council in his recommendation that, along with signing SB 1070, Brewer issued an executive order that requires all law enforcement personnel to receive training on enforcement of the law, including instruction that race, color or national origin alone are not grounds for suspicion that someone is illegally in the country. Resolution 1710 will also allow for officers to receive training with materials from AZPOST, the Arizona Peace Officer Standards and Training Board.

Fessler said Sgt. Brandon Bonney is conducting a 90-minute training class for all PV police officers that will instruct them in the laws related to SB 1070.

In other items, council will:

• Conduct public hearings for several zoning code amendments. They include changing the town's requirements for pool enclosure fencing from 6 feet in height to 5 feet to make the regulation consistent with the state's requirement of five feet; making the off-site parking requirements consistent with code illustrations; changing required timeframes for processing preliminary development plans and final development plans to make them consistent with those for preliminary and final plats; and simplifying town code as it applies to dispensing propane and other fuels from above-ground tanks.

• Consider extending the suspension of commercial impact fees to encourage commercial development within the town. The council first approved a resolution to suspend the fees in 2003, and the town manager's office has suggested continuing that suspension for two more years, until August 2012.

• Consider notifying the public and setting a public hearing about revising water and sewer rates for the Town of Prescott Valley.

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Reader Comments

Posted: Saturday, July 24, 2010
Article comment by: trippetta able

Also, I did not realize that intelligent attractive green eyed blonds with big chests were a minority, oh well I'll count myself lucky than.

Posted: Saturday, July 24, 2010
Article comment by: trippetta able

Re: Confronting the Chaos:
Did I at any time say that illegal aliens shouldn't be detained? Don't put words in my mouth. Don't assume or resort to petty name calling ( referring to my post as incoherent babbling).My point and stance was and is that you can't judge someone based upon appearance and demand to "see their papers".That is racist, as is blaming all of the problems of a nation on one group of people.As for not caring for this nation, I have done plenty to help my fellow man. I have volunteered my time @ Hospice, Stepping Stones, Hopes Attic, The Adult Literacy Program (teaching a woman to read & write in English more fluently) the Food Bank, etc. Just because I choose to wax poetic on a subject does not make me ignorant. Now, since you chose to point a finger @ me, what have you done lately to help your fellow man?

Posted: Friday, July 23, 2010
Article comment by: Chuck Bordenave

Kieth, the Courier wont print all the violations of law committed by the photo radar units. I have tried to help Phil, and have hundreds of photos of the violations. If your really concerned, my number is in the book. We could meet at a local eatery and I would be glad to provide photos and ARS statutes that are being violated. Some how I doubt you will ever call.

Posted: Friday, July 23, 2010
Article comment by: Keith T.


Go ahead and prove it....I am waiting. I thought Phil was going to sue the town 4 years ago for its use of photo enforcement. He still must be working on it..maybe you should help him...

Posted: Friday, July 23, 2010
Article comment by: Confronting the chaos

Trippetta, next time you'd like to comment publicall, try to avoid the incoherent babbling. Instead use a little logic, sound reasoning and fact. We realize that in your world, there should be absolutely no effort at all to confront and detain illegal aliens. Regardless of what efforts are implemented and how fair they might be, people like you will always claim a racial element. You don't want solutions to the problem. You just want to promote the continued chaos and destruction being caused by mass illegal immigration. Fortunately you exist within a small and ever-shrinking minority in this state comprised of people who couldn't care less about the integrity and ongoing success of our nation. Your first priority is to help as many illegal aliens gain entry in to our country as possible and that's all that matters to you.

Posted: Friday, July 23, 2010
Article comment by: R J

I suggest Hispanics in PV dye their hair blonde, wear make-up and dress like white rubes. To PV police, 1070 is like a hunting tag.

Posted: Friday, July 23, 2010
Article comment by: To Sheryl and Frances

To Sheryl and Frances, or whatever your real names are, I look forward to your future political campaigns. I look forward to your firing of all city employees and complete rewrite of the police general orders. I eagerly anticipate your redefinition of lethal weapons to exclude steak knifes...they must just be a minor annoyance. If someone has a steak knife to someone else's throat, it's not a real threat...just cause for concern. If someone is stabbing a roommate or love interest with a steak knife, they will recover, but by all means DO NOT intervene. Maybe you will rewrite the police general orders to prohibit officers from responding to calls of domestic violence, they'll just work it our, right? I also hope you aren't just a one trick pony and only wanting to do a clean sweep in the police department. I look forward to hearing what your solutions are to the poor economy in PV. I look forward to hearing what your solutions are to the water shortage problem in PV. I look forward to hearing what your solutions are to public transportation in the area. I look forward to your opinions on building safety and what revisions we need to make to our code. I look forward to hearing how you'll solve PV's housing and foreclosure crisis. I do suggest one thing, maybe you should take the police citizen's academy and learn more about the department and the use of force policy. Maybe you can become a stealth volunteer for the department so you can get the inside scoop, then share your experience as an insider.

Posted: Friday, July 23, 2010
Article comment by: Chuck Bordenave

KIETH T. What have you done for the community? Especially in the area of ending questionable, and unlawful practices used by the local town officials. Phil is correct in everything he has said about photo radar. Look up the ARS statutes yourself, or I'd be glad to prove it to you. Better to be thought an idiot, than to open your mouth and prove everyone right. Now with the ability for citizens to sue, local officials for not doing their jobs in regard to illegal immigration, checks and balances have been put in place, to challenge local government, AND THEY DON'T LIKE IT ONE BIT.
I will be waiting for your response.

Posted: Friday, July 23, 2010
Article comment by: trippetta able

Just what does an illegal alien look like? Ask yourself that, get a good picture in your pink elephant try not to see brain,and tell anyone how your good friends with blacks, Mexicans, etc just not 'illegals' silly nonsense of increase in gangs. Most of these 'Gangs' are the influx of bored (white) teenagers from California, deport them and their fake peace I love my neighbor hate that hides behinds curtains and spouses. People are people good & (or) bad & ugly & (or) pretty inside & out come in all colors, nationalities & creeds. ...

Posted: Friday, July 23, 2010
Article comment by: Keith T

Phil, It sure seems like you have an opinion on everything when it comes to the town government. What have you done for your community?

Posted: Thursday, July 22, 2010
Article comment by: Phil Whitehead

Prescott Valley made a poor series of choices relating to the traffic cameras and the continuing backlash they are bringing.
We will now see if the immigration law issue gives our town a chance to redeem itself in the eyes of an already doubtful population, or if they will blow up on themselves again...It has been made painfully obvious how the townspeople feel about this subject. BETTER LISTEN this are running out of chances.

Posted: Thursday, July 22, 2010
Article comment by: Grundo Lives ! Oh Come On Now The real Reason is so transparent

Good move PV " Town Government" keep a cheap exploited labor pool in Fainville. Those California Carpetbaggers , developers and slave drivers need to bleed Arizonas illegal population even more!

Posted: Thursday, July 22, 2010
Article comment by: School Resouce Officer should be arresting students daily???

Everyone in the building knows who is illegal!

Posted: Thursday, July 22, 2010
Article comment by: The Real Write Wing Conservative

@Peter Smith
We so agree. The Hispanic gangs (both legal & illegal) are on the rise because your people adopted a sanctuary city policy. What do you expect from a city known as the 2nd meth capital of AZ, only overshadowed by CV. You people keep electing or allow the same people year in & year out to run the city. Why don't you collectively stand up & be counted by your votes. PV will continue to be a laughing stock as long as your elected leaders are the same special interest groups every year. The conservatives need to drive the left-wing progressive liberal from the city & take back common sense. Then retool your police department to enforce all laws, not just sit at Denny's while their cars are sprayed by humans.

Posted: Thursday, July 22, 2010
Article comment by: Say What???

#1) Does Chief Maxson comprehend SB 1070?
#2) Does The Prescott Valley Town Council comprehend SB 1070?
#3) Can we be assured Prescott Valley's Town's Leader's will know what to do with the passing of SB 1070?
I have my reservations regarding the comprehension abilities Prescott Valley Government has of SB 1070 after having seen the all glass structure design allowed to be built which is extremely inadequate for the climate. Far too inefficient and way too costly!
And this: I once worked for the Wickenburg Chamber of Commerce for years and never did the Chamber receive money from the town like Prescott Valley Chamber does. All the money came from the businesses. Why does the Prescott Valley Council give $60,000.00(?) + to the Prescott Valley Chamber of Commerce?!? Its unheard of!
Back to the issue at hand - #4) Will the Fain group feel threatened if SB 1070 is enforced by the PVPD/Government Leaders? Its no secret Fain = Town Manager = Council and so forth down the line.
My fears just went sky high knowing SB 1070 is falling into the hands of our local government.
We can only hope 'n' pray they will enforce all laws and not pick 'n' choose.

Posted: Thursday, July 22, 2010
Article comment by: Sheryl Swartz & FRANCES PACHECO

PV is a circus town run by clowns pulling on the strings of their many puppets.
LEO's are encouraged to practice wise judgment when questioning anyone either on the streets or in their vehicles. We will not tolerate illegal aliens in this town and LEO's are required to report illegal aliens and if they are too scared to perform their duties then call on I.C.E.. to get the job done.
We will, in the not so distant future, clean house beginning with the Council Members, followed by the Town Manager, Chief of Police. We have had more then our share of this town's corruption and 'mafia' style leadership. We have recently formed a committee to take a strong stand against the local government who ignore the needs of the people who pay their salary. We will not tolerate any further lies and mismanagement of our hard earned dollars. We fear NOT the 'minnie gods' who now run the town of PV. We hire these leaders and we will fire them too. Its time the citizens of Prescott Valley take back their town and run the local government leaders out of office! We won't tolerate LEO's busting into homes and shooting and killing people. It causes concern weather or not these local LEO's have had the proper training required to perform such tasks as taking down a man holding a steak knife. We have reason for concern that the Prescott Valley Chief of Police is qualified to full fill the duties he's assigned with. We question his decision making and leadership. We have reason for concern that the PV LEO's are understanding to the fullest extent SB 1070 and if they will follow protocol.
I had a conversation with one of PV's council members recently who told me she "would pass all my concerns onto the Town Manager". I told her "she was his boss" she said "OH No! All matters presented to the council go to the Town Manager." I said "Wrong! You are over the Town Manager!" The council in Prescott Valley don't even know their own positions as council members so how can we trust the PV LEO's to do the right thing if/when SB 1070 is passed or even now?
Another instance - Before I could have a meeting with a government employee he wouldn't meet with me without the Town Manager present and so it goes for just about anyone who wants an independent meeting with any government employee - no one makes a move without the Town Manager's awareness. We stand firm against the town of PV's corruption! We will overcome!
We support SB 1070!
We hope the PV LEO's will do right by this bill!

Posted: Thursday, July 22, 2010
Article comment by: Peter Smith

Go figure why gangs in Prescott Valley continue to increase. Try enforcing the law like you are supposed to.

Posted: Thursday, July 22, 2010
Article comment by: It's very simple

Just do what you need to in order to protect our schools, hospitals, jails, neighborhoods, employment conditions and general welfare from ILLEGAL ALIENS. If a law enforcement commander or patrol officer doesn't want to enforce the law, then they most certainly should seek other employment. But beware, if you try to get a job in one of the various work categories currently innundated with ILLEGAL ALIENs, you may have some difficulty. If a town leader doesn't want to have local and state laws enforced, then they will be promptly replaced in their office.

Posted: Thursday, July 22, 2010
Article comment by: The Real Write Wing Conservative

At least PV doesn't hide or deny they are a sanctuary city. In a few weeks they will become a major target for those who want to know who approved this sanctuary city policy. Someone needs to be fired, because we the people didn't vote for this status. Now we'll start looking at the other cities who won't admit that they too are sanctuary cities. The time has come for a major house cleaning in our law enforcement offices, county departments & court system. At the next election, let your vote count on this weak enforcement of the rule of law. As soon as 1070 goes into effect, watch what we the people do for these unauthorized people/police policies. What part of illegal is illegal don't they understand. We the people of Az demand accountability, now.

Posted: Thursday, July 22, 2010
Article comment by: Calling the Kettle Black

Good Ol' Prescott light cameras on every corner (which only affect legal residents, who have driver's licenses, while having no effect on illegals who don't have licenses), but they didn't want their officers to ask any pesky questions about immigration status. No wonder this town is becoming a rathole.

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