The Truth about Abujbarah’s Lawsuit.

A Sonoran Truth Editorial, August 23, 2013.

Although Linda Bentley of the Sonoran News claims that: “All legal action transacted by any public body during a meeting held in violation of any provision of this article is null and void …,” the reality of the statute reads quite different.

According to ARS 38-431.05(B), the Town Council could ratify Usama’s ouster if it violated the Open Meeting Statutes by holding a public meeting within thirty days after discovery of the violation using reasonable diligence. Council would need to give notice for the meeting including a description of Usama’s ouster, a clear statement that the Council intends to ratify the prior firing of Usama and information on how the public may obtain a detailed written description of the action to be ratified. Town Council must make available to the public a detailed written description of the action to be ratified (Usama’s ouster) and all deliberations, consultations and decisions by members of the public body that preceded and related to such action. The written description would be included in the minutes of the ratification meeting. All this information must be publicly available at least seventy-two hours in advance of the public meeting at which the ratification is taken.

Bentley’s “gaslight” style of writing makes the reader question their own memory and perception, as if the new Town Council failed to follow ARS 38-431 and Usama is entitled to take back the Crown of Cave Creek because his termination was null and void. Wrong.

Usama’s lawsuit is without merit. (click on the highlight to see the actual lawsuit). Conspicuously absent from the lawsuit, is his employment contract. Duh? Usama’s employment was “at will.” It has to be. He could be fired at any time, with or without cause because when the citizens elect a new council, the council can hire a new manager, Period. Usama’s lawsuit relies on speculation that town council persons conspired after they were elected, and agreed to fire Usama as the first course of business. Astute citizens of Cave Creek found Usama’s appointment objectionable 17 years ago and as the years past, his popularity languished with many of his supporters becoming his most outspoken critics. Adam Trenk spelled it out plain as day. Usama was unwilling to work with Adam. Sayonara Usama.

Usama was fired in a public forum, at a town council meeting with oversight and review by the Town’s attorneys, Mariscal Weeks.

The individual who failed to perform his duties as required by law for which he has no discretion, is Usama. He acted in excess of his jurisdiction and/or legal authority and made numerous determinations that were arbitrary and capricious costing Cave Creek taxpayers millions of dollars. Usama was never qualified to be Town Manager but was hired to be a puppet to do the bidding of those who are now barking to have him reinstated.

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