Censure by the Mohave County Republican Central Committee (MGRCC) September 30,2023

Censure by the Mohave County Republican Central Committee (MGRCC) September 30, 2023


According to the legal dictionary ( https:/legaldictionary.net/constitutional-republic/ ) a Constitutional Republic is a form of government in which officials are elected by citizens to lead them as directed by their country’s constitution ln Arizona we are also governed by our state constitution. According to Article 2, Section 2 of the Arizona constitution, All political powers is inherent in the people, and governments derive their just pawers from the consent of the governed. One of the reasons that we are Republicans is that we believe in Law and Order/Rule of Law (MCRCC PC handbook, pg. 7). As such, when our representatives stray from the U.S. Constitution, the Arizona Constitution, and Rule of Law it is incumbent on us to shine a light on this darkness, and this is the point of the following censures.


Whereas Senator Wendy Rogers, Chair of the Special Joint Hearing, is censured for not using her subpoena power to investigate Jacqueline Breger’s February 23,2023 allegations and not investigating the signature verification anomalies presented by Shelby Busch of We The People Alliance of Arizona on January 23, 2023 and February 23,2023.


ARS 41-1151. lssuance and service of legislative subpoena

A subpoena may be issued by the presiding officer of either house or the chairman before whom the attendance of a witness is desired. The Subpoena is sufficient if it states whether the proceeding is before the senate, house of representatives, or a committee, is addressed to the witness, requires the attendance of the witness at a certain time and place, and is signed by either the presiding officer or a committee chairman. The Subpoena may be served and returned in like manner as civil process.


Whereas the three Republican Representatives on the Ethics Committee: chair Joseph Chaplik, Gail Griffin, and Travis Grantham voted unanimously that Representative Liz Harris ‘committed disorderly behavior thereby violating Rule 1. In addition 18 House Republicans: Speaker of the House Ben Toma, Leo Biasiucci, Teresa Martinez, Selina Bliss, Michael Carbone, Lupe Diaz, Timothy Dunn, John Gillette, Matt Gress, Laurin Hendrix, David Livingston, David Marshall Sr., Steve Montenegro, Quang H. Nguyen, Michelle Pena, Beverly Pingerelli, and Justin Wilmeth are censured for the following reasons:


  1. Erroneously using House Rule 1. House Rule 1 in its entirety:
  • A: The House may punish its members for disorderly behavior and, may, with the occurrence of two-thirds of the members elected to the House, expel any member (Arizona Constitution, Article lV, Part 2, Section 11). A violation of any of the House Rules shall be deemed disorderly behavior. When a roll call vote is ordered on the floor of the House and subject to the provisions of Rules 6 and 14, members are required to vote after a reasonable time, as determined by the Chair, and may be punished for disorderly conduct if the member fails to vote after a reasonable time.’

  • B. When any member shall be guilty of a breach of any of the Rules and Orders of the House, and the House has determined that he has so transgressed; he shall not be permitted to vote or speak, except by way of excuse for the same, until he has made satisfaction.

  • Only members may present a complaint to the Ethics Committee chairman regarding the behavior of any member.

  • Any member having obtained leave of absence and having in his possession papers relative to business before the house shall leave same with the Chief Clerk.
  1. Lack of disorderly behavior definition which should have been described in Rule 37, Code of Conduct. Rule 37 must be written and has been nonexistent since 2019.

  • ARS 38-519b-Each ethics committee shall propose, and each house of the legislature shall adopt, not later than thirty days after the beginning of the first regular legislative session, a code of ethics and conflict of interest requirements as part of the rules of the respective house in the same manner as the other rules are adopted.

  • Rule 37, Code of Conduct-The House shall have a written code of conduct applicable to members. This code of conduct shall be adopted, and may be amended, upon vote of the majority of the members of the House. B. The House shall have a written harassment prevention policy applicable to member behavior. This policy shall be adopted, and may be amended, upon vote of the majority of the members of the House.
  1. The text messages used in Representative Harris’ March 30, 2023 hearing were illegally obtained. First they were anonymously left on an attorney’s desk within a secure area. Secondly, on April 3rd, 2023 attorney John Thaler issued a Cease and Desist letter to Chairman Chaplik concerning these specific text messages. Chairman Chaplik and the Ethics committees ignored Mr. Thaler’s letter as these text messages were included in Exhibit 5 of the April 11, 2023 Ethics Committee Report. Mr. Thaler threatened litigation should the Ethics Committee ignore his demands.

Whereas Representative John Gillette confronted me after the July 8th MCRCC quarterly meeting held in Kingman, Arizona and told me the truth as to why they expelled Liz Harris. Immediately after the meeting Rep. Gillette confronted, me about the censure    that I was trying to introduce under New Business, He initially stated that I should have contacted him for his reasons for expelling Representative Liz Harris. We bantered back and forth on the issue, and he became quite irate about my insistence that he explain how Rule 1, applied to her expulsion. He stated that I needed to read it, I replied that I had and it didn’t fit. At that point he angrily blurted out the reason she was expelled. He stated that they had talked to her but she wouldn’t listen.  He stated that she caucused with the Democrats. I replied than why didn’t they also go after Representative David Cook as he caucuses with the democrats. He was quite angry and turned to leave muttering something about Representative Cook. The actions of the 18 House Republicans who voted to expel Rep Harris and the 3 Ethic committee Republicans had nothing to do with the Feb 23rd Breger allegations, but instead had to do with Rep Harris not condescending to their will. This is absolutely unacceptable.


Whereas Speaker of the House Ben Toma is censured for introducing the expulsion of Representative Liz Harris to the House floor and for failure to move the Honorable Liz Harris’ election integrity bills, HB2099, H82100, HB2101, HB2102, HB2103, HB2104, HB2229, HB2231, HB,2232, HB2233, and HP.2785, through the legislature. According to the May 9th, 2023 LD 27 Resolution these bills had enough initials on their Whip sheets in support and did not make it past COW (Committee of the Whole) and third read, which appears to have been retaliation to not have the Bills placed on the board for a vote by the Legislators.


Whereas Maricopa County Board of Supervisors: Bill Gates, Jack Sellers, Clint Hickman, and Thomas Galvin are censured for failure to uphold Article 7, Section 7 of the Arizona Constitution which states: ln all elections held by the people in this state, the person, or persons, receiving the highest number of legal votes shall be declared elected. On April 17th, 2023 the Honorable Liz Harris received 71 % of the vote in the LD 19 PC election yet the Maricopa County BOS failed to reseat her and instead on May 5th 2023 chose Julie Willoughby who received a lesser number of votes.


Whereas Mohave County Board of Supervisors: Ron Gould, Jean Bishop, and Hildy Angius are censured for not adhering to Article 2, section 2 of the Arizona constitution that states: All political power is inherent in the people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights. On Monday, April 10th, 2023 these Supervisors voted to change the zoning of two parcels in the Topock/Golden shores community. These three supervisors ignored the Mohave County Planning and Zoning Commission’s unanimous vote against this zoning change. Additionally, they ignored all input from the residents of this area, all of which were against this zoning change.

(https://toystoragenation.com/2023/04/10/residents-irate-after-supervisors-approve-arizona-development/)


Jeanne Kentch, is censured for numerous reasons:


  • First, in 2A20,2022, and 2023 she did not adhere to the MCRCC by laws. Article Vll B 7 states: The Chairman shall be responsible for the annual Republican picnic, held in the month of August or September. The annual picnic dates are July 18th, 2020, July 16th, 2022, and July 29th, 2023. Furthermore she has made no attempt to amend the bylaws.


  • Third, Chairwoman Kentch fails to thoroughly investigate incidents involving PCs. Moreover, she fails in civil discourse as she recently contacted the District 2 Director, Cary Asel, enraged as she made allegations about an incident involving a PC. For example, on Friday, February 3rd, 2023 we PCs were tasked with contacting voters who had received provisional ballots. We had nothing to do with retrieving the names and phone numbers that we were to call. I contacted a voter who was not at home so I left a message for her to contact me. Before I left the office that evening she had returned the call and the issue was resolved. On Feb 10th, the District 2 Director received an email from the chairwoman concerning a complaint that had been received by Ms. Natalie Collins, the Mohave County voter registration supervisor. Without looking into the situation Ms. Kentch emailed Director Asel stating “The learning curve is to always check the middle name and address before assuming they are the voter you think they are.” As my name was listed in the email, Director Asel discussed the situation with me. Ms. Kentch assumed that I had caused the problem. What Ms. Kentch failed to do was investigate all aspects of the incident. Had she performed an objective investigation she would have determined that we PCs were given incorrect information from Ted Boyd. As my name was included in the email, I contacted Chairwoman Kentch explaining that I had been given incorrect information. Ted Boyd and Ted Boyd alone was the one who put the lists together so we could call Bullhead City voters whose provisional ballots may not have been counted. This learning curve message should have gone to him, and not to District 2. Even after numerous emails she failed to recognize the problem. She even tried to put the onus onto our district director, Cary Asel. ln her most recent outrage of June 23rd, at 3:06 PM, toward Director Asel, she yelled at him to keep his PCs in line. He warned her to cease her yelling or he would hang up. When she did not cease, he hung up on her. I understand that the PC in question is contacting the AZGOP with their concerns.
  • Fourth, Chairwoman Kentch and all of the executive committee (Cil Jennings, Barbara Carpenter, Pamela Ford, Jeff Ryder, and Betsy Painton) except for the first vice chair, Ashley Gerich, have engaged in baseless lawfare against three district 2 PCs: Director Misty Devenney, Dr. Chris Dumal, and Donna Ramirez. They were served with workplace harassment injunctions following the July 27th meeting in which Mrs. Devenney was elected as the District 2 Director.  In order for a workplace harassment to be valid in incident must have occurred at the BHC GOP office. These were baseless Injunctions in that none of the PCs were at the GOP office, during the alleged dates.  Director Devenney did attend a meeting but it was after the BHC office was closed. Moreover there were no incidents reported during the prayer meeting. Director Devenney’s is appealing her injunction. Dr. Dumal’s injunction was dismissed on September 9th after she defended herself against Phoenix attorney, Timothy LaSota who has 23 years of litigation experience. Additionally, on August 29th Chairwoman Kentch sent both Director Devenney and Dr. Dumal, an email to set up a meeting. This was followed with a text message on August 31st. Neither PC could respond or meet as they would have been arrested for violating their injunctions. Ms. Kentch filed these injunctions and knew of the dire consequences, yet tried to entice these PCs to violate the injunctions.

  • Fifth, Chairwoman Kentch and all of the MCRCCIs executive committee, except for the first vice chair, Ashley Gerich, engaged in baseless lawfare against District 2 Director-Devenney and Dr. Chris Dumal by requesting that the Mohave County Board of Supervisors remove these two PCs. Chairwoman Kentch’s baseless arguments included gross misinterpretations of ARS 38-291 and ARS 16-821 (B). Moreover, she used two additional childish arguments, bad behavior and moral turpitude as she disagreed with our opinions and perspectives. Free speech and freedom of expression are fundamental principles of our Republican party. Chairman Kentch’s approach is akin to the Left’s cancel culture.

  • Sixth, Chairwoman Kentch violated the AZGOP bylaws. On July 27th District 2 held an, election for a new director. Misty Devenney won the election however when ‘the results of the vote were requested from Chairwoman Kentch, she refused to give us the results. As such Chairwoman Kentch violated the AZGOP Bylaw F, Manner of Voting, which states,’…On any vote that utilizes a paper ballot, the resulting vote count (Tellers Report) shall be read to attendees and included in all copies of the minutes.’ We never got a vote count or any minutes from that meeting.

  • Seventh, during the New Business section at the July 8th MCRCC quarterly meeting Chairwoman Kentch refused to acknowledge Dr. Chris Dumal as she stood to present a Censure to the PC body for a vote. This is in violation of Robert’s Rules as the Chair must recognize every member who seeks the floor. This was also in violation of MCRCC’s bylaw Xlll A, Parliamentary Authority that states, ‘A. Latest edition of Robert’s Rule of order, Newly Revised, shall govern this organization in all matters of procedure not covered in these bylaws.’

  • Finally, after being unable to insert a District 2 Director to her liking, Chairwoman Kentch sent out an email to District 2 PCs on September 7th stating that the July 27th election had violated parliamentary procedure and scheduled a second vote that was scheduled for September 22nd, For the July 27th vote MCRCC’s Parliamentarian, Ron Gould had informed the chairwoman that both elected and appointed PCs could vote for their director. ln her new email on September 7th she stated that she sought parliamentary advice, Legal advice, and even AZGOP Jeff Dewit’s advice. Did MCRCC’s parliamentarian Gould change his mind? I suspect he didn’t.

Censure by the Mohave County Republican central committee (MGRGG) September 30, 2023

Whereas AZGOP Chairman Jeff Dewit has neglected his duties, he is charged with dereliction of his duties to uphold the principles of the GOP party and the AZGOP bylaws.  ln a July 11th email chairman Jeff Dewit was made aware of the gross malfeasance conducted by Chairwoman Kentch at the MCRCC July 8th quarterly meeting Subsequently in a July 14th email to MCRCC Chairwoman Kentch it was substantiated that Ms. Kentch violated MCRCC’s Article V ,section I which states, “with the advice and consent of the Executive Board, the, Chairman shall appoint a temporary successor to fill any vacant office until an election can be held as set forth in item H.” Ms. Kentch solely appointed Ms. Eva Corbett as the interim District 2 Director on July 8″‘. The executive board did not agree until July 13th at 6 PM. The AZGOP Chairman Dewit was sent a copy of this violation. In a July 31st email to chairman Dewit, he was made aware that the District 2 attendees were unable to obtain the vote tallies of the election which is in violation of the AZGOP Bylaw F, Manner of Voting, which states, ‘…On any vote that utilizes a paper ballot, the resulting vote count )Teller’s Report shall be read to attendees and included in all copies of the minutes.’  Additionally, according to Ms. Kentch, Mr. Dewit was in agreement with her to pursue the two PCs removal for ‘bad behavior’. Finally, according to Ms. Kentch AZGOP chairman Dewit was in agreement with her to override MCRCC’s own Parliamentarian, Ron Gould, July 27th decision.


Whereas MCRCC’s Bylaws’ and Standing Rule Committee Chairman, Stanley Hicks, is in violation of Article lX, Meetings in the July 8th Code of Conduct proposal. The proposal was set forth by the Standing Rules Committee whose purview is proposing rules for meetings. The Standing Rules Committee is subject to MCRCC’s Bylaws. Meetings are defined in the bylaws to include the following: “Statutory Organizational Meetings’, Mandatory Meetings, Special Meetings, Regular Meetings, and Quorum and

Voting, The Code of Conduct described rules for Hours of Operation at District Offices and all GOP events throughout Mohave county and mass emails; none of which are described in Article lX. This Code of Conduct is invalid, and Mr. Stanley Hicks is derelict in his duties.


NOW THEREFORE BE IT RESOLVED that the MCRCC PCs find the aforementioned elected Representatives derelict in their duties, and should they continue down this path subsequent censures will be issued up to an including the following:

  • Loss of support and assistance in re-election efforts
  • Expulsion from attending any MCRCC meetings
  • Encouraged to withdraw subsequent candidacy
  • Encouraged to resign from office immediately

               (Adapted from LD23’s May 10th, 2023 censure of Representative Pena)

To be introduced by Christina Dumal, DVM before the MCRCC body on September 30th, 2023

Signature                                          Date

TOTAL Votes:

Yea

Abstain

No

Total

Attendees


[Some spaces were added.]