I am taking this opportunity to let all of our bloggers know that I will NOT tolerate any comments on this post, (or any other post) that promotes any innuendos or rumors as it pertains to Salette Latas and David Andrews.
I spoke to Salette for more than three hours and requested that she write her thoughts and I would put it on the blog.
I have seen fit to remove ALL comments that were placed on this blog previously(on a prior posting) and I want you all to know my position, with no chance for misunderstanding.
Whether you are an "old" blogger, a new blogger or a blogger who has chosen to use a new pseudonym, if you violate MY policy, you will no longer have access to blogging here.
I appreciate I am addressing less than a handful of individuals, and apologize to all our other readers, but this is a democracy. Therefore, if you can't accept OUR rules, you are welcome to leave.
Please! Don't force us to go to "monitored comments" because you can't accept our rules.
Here is Salette's message.
Art
PS---For those that may not know it, Salette & David were married on June 12, 2010.
Anyone desiring to offer their good wishes are welcome to do so here.
*************************************************************************************
Art,
I'm concerned about some of the comments on the blog being both false and defamatory. In particular, any implication that there was any improper relationship between me and David while he was Town Manager of Oro Valley are untrue and defamatory. In addition, neither Loomis, Carter, Kunisch, nor Abbott ever said anything to me or David (or in our presence) about any improper behavior. The suggestion that any of them did, and that they somehow should be congratulated for uncovering corruption and rooting it out of the town is false and defamatory.
We do have legal advice as to how to pursue the identities of those responsible for the libelous comments and how to take action against them. (For more information, please see http://www.jaburgwilk.com/news--events/how-to-discover-the-identity-of-an-anonymous-internet-author.aspx) But before it comes to that, I'd like to ask you to please record any information you might have about the identity of the offending bloggers, and then remove any comments that allege any improprieties during David's tenure as Town Manager, or that allege that Loomis or anyone else took any action to address such. None of these statements is true, and we are prepared to protect ourselves against the harm caused by them. As you know, such statements may also constitute a crime under ARS 13-3004 (http://www.azleg.state.az.us/ars/13/03004.htm).
If anyone has any information about those making defamatory comments, either oral (slander) or written (libel), it would be very helpful if you could write the particulars (who, what, when, where, how) on a piece of paper and have it signed and notarized. (You can get documents notarized free at your bank or at Town Hall.) Please send these signed statements to me at 10645 N. Oracle Rd, Suite 121, PMB #194, Oro Valley, AZ 85737.
With kindest best wishes,
Salette
July 23, 2010 7:25 AM
15 comments:
Congratulations Salette and David.
My best wishes for a long, happy and health life together.
You deserve the best.
*******
Ok then, I will bite. Why was Mr. Andrews fired?
L'affaire Andrews was the root cause of much overheated discourse on this blog. It also may have been the root cause for the ouster the much maligned Mayor Loomis and others on the Town Council.
Some bloggers hinted that they knew something, but never had the courage or, given the libel laws so aptly researched by our former TC member, the good sense to post what they knew.
I suspect that the citizens of the OV do NOT have the right to know. Maybe Mr. Rosen could be called upon to provide us with a brief pertaining to privacy and how the "open meeting" law can be superseded certain cases.
LESSON LEARNED:
Don't follow leaders
watch the parking meters - B. Dylan
I want to 2nd what The Zee Man said.
Congratulations Salette and David.
My best wishes for a long, happy and health life together.
You deserve the best.
John R Brakey
Just from a legal perspective, because Ms. Latas and Mr. Andrews were public figures in their respective capacities as Town Council Member and Town Manager, succeeding in any slander or libel suit will be extraordinarily difficult.
As public figures, Ms. Latas and Mr. Andrews would need to prove in a suit that defamatory statements were made with ACTUAL MALICE (or legally defined as being made by individuals who KNEW of the falsity of their statements, or with a reckless disregard for the truth.) Given legal precedent, this is quite a challenger to overcome.
While I do not have issue with Ms. Latas or Mr. Andrews, and I have never met either of these individuals, I wish them well.
However, I find in unacceptable to attempt to threaten, scare, or take any action that chills free speech. I believe this to be the case in Ms. Latas' recent post.
Ms. Latas must accept that she CHOSE to be a public figure, and as such, she must ACCEPT that certain unpleasantries come with the territory, including remarks from the public.
This reality is WELL supported by U.S. Supreme Court precedent, and will certainly not bow to small town public figures who feel injured by comments from the public.
The Supreme Court has made it clear that public figures must accept this reality, and must clear a high hurdle in order to challenge every day citizens who make comments concerning their public figures.
AZ Cactus & readers--- For the record, we neither endorse Salette's statement, nor rebuke it.
Our only position is that we will not allow our blog to be used in the manner that it was, prior to our deleting the comments we found to be not worthy of our blog.
As Nombe alluded to above---the only question one may wish answered is: "Did Loomis & the other three violate the Az Open Meeting law?"
As I noted previously, I filed a complaint with the Attorney General's office and they initiated an investigation.
Circumstances, including working with a reduced staff, and the fact that the four ex-council members either resigned or were defeated in their re-election bid, meant the investigation has not been moving forward.
That is too bad.
Actually I think Nombe's question was why was David asked to resign... If I may pose an opinion, and it is that - only an opinion not to be construed as an assertion of fact (see other people know a little something about libel and defamation too) there were combination of things that happend in 2009 for which David may have been made the whipping boy. 1. A grueling 6 month long budget process with meeting after meeting after meeting that left the Council feeling disheartened and guilty. 2. Staff morale at an all time low due to waiting around through the budget process to see it they still had jobs, benefits, etc. 3. The police department shenanegans that no one handled particularly well 4. The rumors that shall not be named, much like Voldemort (sp?). In combination, I think the Council was looking for an outlet for their frustration and the town manager is always the prime target - doesn't matter if he is an all around swell guy (or gal) or not. Just MHO. I do have to applaud AZCactus1 for having the intestinal fortitude to comment - I think many were thinking the same thoughts but didn't have the cajones to post. Using fear and intimidation to silence speech and encouraging a community to spy on each other to provide fodder for a law suit do not strike me as the actions of someone who is "people-centric." I have to say I am surprised and disappointed.
As I was thinking more about it, I wanted to add to my post that whether any of the things I listed were actually mentioned to David or not is something known only to those in the Executive Session on the 9/16 and will probably never be revealed to the public barring some pretty serious legal manuvering. Also, whether any of those things were realistically within David's power to control or his fault is arguable. The result, unfortunately, is the reality of political appointment. When the worm turns - it bite's you in the butt.
Cyclone1--- Let me say this: What Azcactus1 had to say was such a far cry from the innuendo and rumor mongers of which there were only three---four, if you want to count the one that uses two pseudonyms.
Before we get off the subject---again---suffice to say that the four council members led by Loomis all had their own selfish reasons for taking the action they did.
If anyone is really interested, you can go back to my two postings in late Sept '09 and read the background.
It's over, it's done, new Council, new challenges - the past is past, now is now, and the future is in front of us; let's move on!
..Cyclone 1, has posted a reasonable finale to this thread. There is not much more to be written. As Zev sez, let us move on.
I want to wish Salette and David the best. I will miss them both. I think they both did an excellent job for the Town of Oro Valley and I was sorry to see Salette leave. I am truly disappointed the way the Town is going. Possibly removing the various Volunteer Boards will be a shame. Sorry to see you leave Facebook. since Salette was the one to get me involved
Enjoy and best wishes.
Congratulations to them both. May their (obviously) only very recently found love last for a long time.
OV Dad,
Why the snotty remark? You are the first one to complain if anyone casts aspersions on YOUR parents relationship, yet you are quick to judge the relationships of others!
You are what you despise.
VC -
No snotty remarks, just trying to stay out of legal trouble, you know...
You are what you despise?
I despise Barry Manilow.
Who knew? Well off to the CoCo Cobana!
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