Council member addresses allegations of abuse of power

As of late there have been a number of articles written about myself and the company for which I serve as general counsel. Although, these slanderous articles do not bother me anymore, I’d like to set the record straight since that will never happen in certain publications. I try (don’t always succeed) to follow a proverb in the Old Testament that states: “He that is slow to anger is better than the mighty; and he that ruleth his spirit than he that taketh a city” (Proverbs 16:32). I also try and follow the following advice: Once a man who had been slandered by a newspaper came to Edward Everett asking what to do about it. Said Everett, “Do nothing! Half the people who bought the paper never saw the article. Half of those who saw it, did not read it. Half of those who read it, did not understand it. Half of those who understood it, did not believe it. Half of those who believed it are of no account anyway” (“Sunny Side of the Street,” Nov. 1989; see also Zig Ziglar, Staying Up, Up, Up in a Down, Down World ], 174).

Let me first address the accusations that I am somehow using my office to intimidate people. If you are to believe the articles I am apparently this power hungry crazed maniac who only serves on the city council to enrich himself. According to one news publication I apparently tried to intimidate a DPS office. This accusation is so far from the truth that it shouldn’t need a reply but here goes; I was pulled over, while the officer was writing the ticket he asked what I did in the City and I said I was an attorney and a city councilman, nothing else was ever said about my position; there was no badge (except the DPS officer’s) and I never asked him “if he knew who I was.” I would never dare be that arrogant. The only issue that arose on this traffic stop was my dry sense of humor when I asked the officer if the DPS budget was low, since this was the first time that I had seen them do a major traffic detail on 347 since I move here and it happened to be December 23rd. Apparently the officer took offense and I apologized. Lesson learned, I will be more courteous to those great men and women that serve to protect us. In fact, to show my appreciation to our officers I and Councilman Haddad chose to be tasered to show support of our police department since most officers are required to do the same.

As for the incident involving Dr. Keller, I was driving though the parking lot behind Walgreens (I was not speeding) and a man in scrubs purposefully tried to walk in front of my car, turned out to be Dr. Keller, DDS. After I passed him I rolled down the window and asked him what his problem was. He became irate and started yelling at me that I was somehow breaking the law and that I was on private property and not allowed to drive though the lot. I identified myself as a city official and showed him my city ID, which is with a badge that says council member on it, and told him that I was aware of the city ordinances and laws and was unaware of any laws I was breaking. He continued to yell and at that point I’d had enough and started to leave, then all of the sudden Dr. Keller grabbed my door handle and tried to rip open my car door. As I drove off I was not happy about this incident and decided I was going to file criminal assault charges. After I had cooled down I decided to go back and talk to Dr. Keller and give him a chance to explain himself before I filed the charges. I met with Dr. Keller, introduced myself as the attorney he assaulted in the parking lot and we talked about his problems with traffic using the parking lot as a short cut around the congestion on 347. I told him that I would discuss the issue with the police chief. Dr. Keller said he had already talked to the chief as he was a patient of Dr. Keller’s, I told him that I would bring the issue up again as the chief worked for me and I wanted to make sure Dr. Keller’s concerns were addressed. I then went directly to the police department and talked to Chief Melvin about the incident. After thinking things through, I chose not to file assault charges. Did I handle myself as I should have the entire time? No. Did I try to intimidate Dr. Keller? No. Did I get upset? Yes. Have a learned a valuable lesson? Yes. I need to be slow to anger and should not have stopped the car in the first place.

As for the lawsuit between M.A. Maricopa and the City, I am currently working as general counsel for A.N.D. Northroup a parent company of M.A. Maricopa (yes I was given permission by A.N.D. Northroup to disclose this relationship). I handle general corporate and development issues through my law firm Estes & Associates. I have dealt with construction, development and real estate law for more than six years. I am not litigation counsel for either company and not involved as an attorney in the lawsuit. Contrary to popular opinion I do not own any land other than my house and small office, and I do not have an ownership interest in either A.N.D. Northroup or M.A. Maricopa. I bill for my service, just as I do with my other clients. M.A. Maricopa retained an independent attorney, John Gilbert with Alvarez & Gilbert, to review the issues with the City and determine whether any claims were warranted. After a review of the documents and issues involved Mr. Gilbert felt that significant claims existed against the City. Clearly, there is a conflict and I will refrain from being a part of any discussion or action on the claim.

Although one local new source feels that their review of the foregoing issues is conclusive and that they are the end all be all source of the truth, it makes me wonder why we have courts of law, why not just give the documents to an editor and have that person make the final decision. Clearly there are two sides to every story and both will get a fair shake in front of a judge, someone trained in the law and the issues involved. It has always been my understanding that reporters are to provide an unbiased view, not bend the information to meet their objectives. Interestingly, all articles regarding the Legacy School have been void of any mention to the State Statute that requires the expeditious processing of a charter school’s applications to the City. (ARS 15-198.01)

I have always felt that my service on the City Council is just that service and that I am blessed to serve because of the support of the community. Contrary to what some think, I do not seek any type of power or authority over anyone. I have always made an effort to make myself available to anyone with questions or concerns regarding any matter. I have always maintained an “open door” policy, as any council member should, and have given my personal cellular number to any and everyone who wants it, which is (520) 280-6858.

Very truly yours,
Joseph D. Estes