Deployment of 5G Cell Towers in Tucson, Arizona First Notice of Maladministration and Malfeasance
Notice to Agent is Notice to Principal and Notice to Principal is Notice to Agent
I, , one of the People (as seen in Arizona Constitution Bill of Rights Article 2 Section 2), come to you, Mayor of Tucson and members of the Tucson City Council, as trustees of the People, so you may provide due care and remember your Oath which binds you. I make the following informational statements and claims:
Arizona State Constitution Article 2, Section 2: Political Power; Purpose of Government:
“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.”
All state, county, and municipal governments and instrumentalities thereof must fulfill the requirements of their office, including careful adherence to constitutional requirements.
Arizona State Constitution Article 3 Section 1: Distribution of Powers
“The powers of the government of the state of Arizona shall be divided into three separate departments, the legislative, the executive, and the judicial; and, except as provided in this constitution, such departments shall be separate and distinct, and no one of such departments shall exercise the powers properly belonging to either of the others.”
There shall be no commingling of power or decision-making without transparency. All agents, participating in decision making, will be held accountable to the People, for all decisions that are commingled, detrimental to the People, or have caused damage or harm in any way to the People. This notice is given to allow for all exercise of power against the People to cease and desist immediately. We did not consent to be harmed!
Please note that Maxims of Law are universally accepted principles accepted by all.
Maxim of Law- Suppression of the truth is equivalent to the expression (or suggestion) of what is false.
Maxim of Law- The law requires, not conjecture, but certainty.
Arizona State Constitution Article 2 Section 1: Fundamental Principles; Recurrence to “A frequent recurrence to fundamental principles is essential to the security of individual rights and the perpetuity of free government.”
Note that it is the duty of the People to frequently remind and educate public officials and other instrumentalities, who, as trustees, serve the People. Each such trustee ought to frequently refer to the Arizona and United States Constitutions for instruction, preventing any violation of the People’s rights and liberties as indicated in those Constitutions.
All state, county, and municipal governments and instrumentalities took an Oath of office with full knowledge of the language of the Oath. Requirements of your Office are written in the Arizona Constitution and detailed in the statutes that apply to your position. You, as well as all other agents, sought and accepted your Office with full knowledge that, in it, you are trust-indentured servants of “We, the People.”
Please note that there is a uniform Oath of office. Those who take this Oath are bound to uphold all the rights of “We, the People” and to fulfill the other duties and obligations of the Office.
A.R.S. § 38-231 A. “In order to ensure the statewide application of this section on a uniform basis, each board, commission, agency and independent office of this state, and of any of its political subdivisions, and of any county, city, town, municipal corporation, school district and public educational institution, shall completely reproduce this section so that the form of written oath or affirmation required in this section contains all of the provisions of this section for use by all officers and employees of all boards, commissions, agencies and independent offices.”
A.R.S. § 38-231 E. “In addition to any other form of oath or affirmation specifically provided by law for an officer or employee, before any officer or employee enters upon the duties of the office or employment, the officer or employee shall take and subscribe the following oath or affirmation:
State of Arizona, County of I, (type or print name) do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution and laws of the State of Arizona, that I will bear true faith and allegiance to the same and defend them against all enemies, foreign and domestic, and that I will faithfully and impartially discharge the duties of the office of (name of office) according to the best of my ability, so help me God (or so I do affirm). (signature of officer or employee)”
A.R.S. § 38-231 F. “For the purposes of this section, "officer or employee" means any person elected, appointed or employed, either on a part-time or full-time basis, by this state or any of its political subdivisions or any county, city, town, municipal corporation, school district, public educational institution or any board, commission or agency of any county, city, town, municipal corporation, school district or public educational institution.”
In your Oath, you also agreed to consequences should you not uphold your Oath.
While A.R.S. § 38-231 C. refers primarily to violation of your Oath as plans to overthrow the government by force, there is the factor of violence done to the residents of Tucson to be considered.
A.R.S. § 38-231 C. “Any officer or employee having taken the form of oath or affirmation prescribed by this section, and knowingly at the time of subscribing to the oath or affirmation, or at any time thereafter during the officer’s or employee's term of office or employment, does commit or aid in the commission of any act to overthrow by force, violence or terrorism as defined in section 13-2301 the government of this state or of any of its political subdivisions, or advocates the overthrow by force, violence or terrorism as defined in section 13-2301 of the government of this state or of any of its political subdivisions, is guilty of a class 4 felony and, on conviction under this section, the officer or employee is deemed discharged from the office or employment and is not entitled to any additional compensation or any other emoluments or benefits which may have been incident or appurtenant to the office or employment.”
In your Oath to office, you affirmed that your main purpose was to protect and maintain the individual rights of the People by upholding the United States and Arizona Constitutions. This includes my rights, as well as the lives and safety of all those in the City of Tucson. I claim that you are infringing on the freedoms guaranteed to me as one of the People. You are also practicing discrimination, segregation and intimidation by insisting on depriving me of my rights under color of law. You should be aware that 18 U.S. Code § 242 - Deprivation of rights under color of law, makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the United States or Arizona Constitutions or laws within the United States.
You have continually ignored and prevented any remedy related to ceasing the permitting and installation of Wireless Telecommunications Facilities (WTFs), heavy industrial equipment. You have become negligent and complicit in perpetuating crimes of violence upon the People you swore to protect, thus violating your sworn Oath.
Please note the Communications Act of 1934 is a United States federal law signed by the President and codified as Chapter 5 Title 47 of the U.S. Code, "For the purpose of regulating interstate and foreign commerce in communication by wire and radio so as to make available, so far as possible to all the people of the United States a rapid, efficient,
Nation-wide, and world-wide wire and radio communication service with adequate facilities at reasonable charges, for the purpose of the national defense, for the purpose of promoting safety of life and property . . .”
Please note that the first, therefore primary, function of the 47 U.S. Code § 332 - Mobile services is as follows:
“a) FACTORS WHICH [THE FEDERAL COMMUNICATION] COMMISSION MUST CONSIDER In taking actions to manage the spectrum to be made available for use by the private mobile services, the Commission shall consider, consistent with section 151 of this title, whether such actions will— (1) ‘promote the safety of life and property…’”
The Telecommunications Act of 1996, a United States federal law signed by the U.S. President, further contains the following:
SEC. 704. FACILITIES SITING; RADIO FREQUENCY EMISSION STANDARDS.
(a) National Wireless Telecommunications Siting Policy. — Section 332(c) (47 U.S.C. 332(c)) is amended by adding at the end the following new paragraph:
(7) Preservation of local zoning authority. —
(A) General authority. — Except as provided in this paragraph, nothing in this Act shall limit or affect the authority of a State or local government or instrumentality thereof over decisions regarding the placement, construction, and modification of personal wireless service facilities.
(B) Limitations. — (i) The regulation of the placement, construction, and modification of personal wireless service facilities by any State or local government or instrumentality thereof —
(II) shall not prohibit or have the effect of prohibiting the provision of personal wireless services.
(ii) A State or local government or instrumentality thereof shall act on any request for authorization to place, construct, or modify personal wireless service facilities within a reasonable period of time after the request is duly filed with such government or instrumentality, taking into account the nature and scope of such request.
(iii) Any decision by a State or local government or instrumentality thereof to deny a request to place, construct, or modify personal wireless service facilities shall be in writing and supported by substantial evidence contained in a written record.
(iv) No State or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of
the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission’s regulations concerning such emissions.
Please note that the 1996 amended National Wireless Telecommunications Siting Policy. — Section 332(c) (47 U.S.C. 332(c)) guidance reiterated the original intent of the 1934 act to “promote safety of life and property”. Legislative intent overrides specific interpretations. In addition, the WTFs are to be limited to “personal wireless service” and not any strength above that level.
Maxim of Law- An amendment [to the original instrument] is not a repeal. [Fundamental principles are not annulled by amendment.]
State or local authorities are not, anywhere, limited by any law in their regulation of wireless facilities. However, in the communication from City Council member Steve Kozachik (Ward 6) to residents of Catalina Vista district, dated October 18, 2019, he clearly states, “The Federal Government has effectively taken any regulatory control or oversight related to safety concerns completely out of the hands of local government…and we cannot even weigh in on the matter of safety and cell towers….” This statement constitutes fraud, specifically fraud in the inducement of the placement, construction, modification and operations of wireless facilities in Tucson.
State and local authorities must obey the legislative intent of the Communications Act of 1934 and the Telecommunications Act of 1996, planning for and protecting their residents and property with appropriate Zoning and Planning. “. . . nothing in this Act shall limit or affect the authority of a State or local government or instrumentality thereof over decisions regarding the placement, construction, and modification of personal wireless service facilities.”
Please find below applicable portions of A.R.S. Title 9 - Cities and Towns statutes for local governments. These statutes not only allow for, but expect, that local governments will actively participate with their residents, acting as their agents, to determine what is best for their city or town regarding placement, construction, modification, and operations of wireless facilities. There is no prohibition as is perceived and communicated by the Tucson City Council. The clear intent of Title 9 is local city and town control of the plans, goals, quality of life, and public safety of the residents. It is no longer possible for any group of elected public servants, the people’s trustees, or any other instrumentality, to contend that they are incapable of following the will and dictates of the People.
Maxim of Law- What is done without consideration or reflection, upon better consideration we should revoke or undo.
A.R.S. 9-276, Additional powers of cities, the following guidance is given to cities:
“5. Regulate the erection of poles and wires, the laying of street railway tracks, and the operating of street railways in and upon its streets, alleys, public grounds and plazas. 16. Define nuisances and abate them, and impose fines upon persons creating or continuing nuisances. 18. Prohibit an offensive or unwholesome business or establishment within two miles of the limits of the corporation. 24. Adopt and enforce standards for shielding and filtration of commercial or public outdoor portable or permanent light fixtures in proximity to astronomical or meteorological laboratories.”
The Department of Housing and Urban Development, HUD, has indicated:
HUD HOC Reference Guide, Hazards & Nuisances: Overhead High Voltage Transmission Towers and Lines Chapter 1 Appraisal & Property Requirements Page 1-18f The appraiser must indicate whether the dwelling or related property improvements is located within the easement serving a high-voltage transmission line, radio/TV transmission tower, cell phone tower, microwave relay dish or tower, or satellite dish (radio, TV cable, etc.).
2. If the dwelling and related property improvements are located outside the easement, the property is considered eligible and no further action is necessary. The appraiser, however, is instructed to note and comment on the effect on marketability resulting from the proximity to such site hazards and nuisances.
Note, there is a large body of documentation indicating that property values drop in the vicinity of a sWTF/WTF, such as this article published by the Pennsylvania Association of Realtors in 2014. Many other supporting documents can be found here: https://ehtrust.org/cell-phone-towers-lower-property-values-documentation-research/
“Do neighborhood cell towers impact property values?” by Diana Dietz on July 29, 2014, “A recent survey by the National Institute for Science, Law & Public Policy (NISLAPP) found that 94 percent of homebuyers are “less interested and would pay less” for a property located near a cell tower or antenna. Also in that same article- The Impact of Cell Phone Towers on House Prices in Residential Neighborhoods the study found that buyers would pay as much as 20 % less, as determined at that time by an opinion survey in addition to a sales price analysis.”
Do neighborhood cell towers impact property values? - Pennsylvania Association of Realtors® (parealtors.org)
Arizona State Constitution Article 2 Section 4: Due Process of Law
“No Person shall be deprived of life, liberty, or property without due process of law.”
Therefore, please note, on a strictly nuisance and devaluation basis, the Tucson City Council has actively worked to create and permit nuisance and actively pursued devaluation of Tucson property. This is an obvious violation of the People’s rights to their property and liberty, as well as a violation of your sworn Oath.
A.R.S. 9-461.05. General plans; authority; scope
A. Each planning agency shall prepare and the governing body of each municipality shall adopt a comprehensive, long-range general plan for the development of the municipality.
C. The general plan shall consist of a statement of community goals and development policies.
1. A land use element that: (d) Includes consideration of air quality, (f) . . .the city or town shall identify the boundaries of the high noise or accident potential zone in its general plan for purposes of planning land uses.
3. An environmental planning element that contains analyses, policies and strategies to address anticipated effects, if any, of plan elements on air quality, water quality and natural resources associated with proposed development under the general plan.
E. 1. A conservation element for the conservation, development and utilization of natural resources, including forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals and other natural resources.
A.R.S. 9-461.07. Administration of general plan
“3. Endeavor to promote public interest in and understanding of the general plan and regulations relating to it.
4. Consult and advise with public officials and agencies, public utility companies, civic, educational, professional and other organizations and citizens generally with relation to carrying out the general plan.”
A.R.S. 9-461.13. Prohibited urban growth management requirements
“A. There shall not be a state mandate that a city, charter city, town or county:
1. Adopt by ordinance or otherwise any "growth management" plan, however denominated, containing any provisions relating to such issues as mandatory development fees, mandatory air and water quality controls and street and highway environmental impacts, and requiring that, before adoption, the growth management plan, amendments and exceptions be automatically referred to the voters for approval.”
Please note that instead of referring to the Public Utility Administrative Manual or the proposed Tucson Wireless Telecommunications Facilities Ordinance to the voters, the Tucson City Council voted to amend their existing ordinance on Feb. 23, 2021, but then, instead, created a “Manual”, upon which there was no vote for approval from the People. This is a clear violation of A.R.S. 9-461.13.
It is also a violation of A.R.S 38-431.02. Notice of meetings, which requires:
1. Public notice of meetings-when, where, and agenda;
2. Deliberation in a public forum;
3. Vote taken;
4. Minutes are recorded and made accessible
An unlegislated “Manual” is not code. The Mayor and the Tucson City Council have participated in maladministration by proceeding with actions that are contrary to, and in direct violation of, the People’s will and rights.
A.R.S. 9-500.12. Appeals of municipal actions; dedication or exaction; excessive reduction in property value; burden of proof; attorney fees
“B. The city or town shall notify the property owner that the property owner has the right to appeal the city’s or town’s action pursuant to this section and shall provide a description of the appeal procedure. The city or town shall not request the property owner to waive the right of appeal or trial de novo at any time during the consideration of the property owner's request.
H. All matters presented to the superior court pursuant to this section have preference on the court calendar on the same basis as condemnation matters, and the court shall further have the authority to award reasonable attorney fees incurred in the appeal and trial pursuant to this section to the prevailing party. The court may further award damages that are deemed appropriate to compensate the property owner for direct and actual delay damages on a finding that the city or town acted in bad faith.”
A.R.S. 9-592. Applicability; wireless provider; use of right-of-way; rates, fees and terms; right to access; damage and repair
K. An authority may require an application under this section for the installation of new, replacement or modified utility poles associated with the collocation of small wireless facilities. An authority shall approve an application unless the authority finds that the utility pole fails to comply with any of the following:
1. Applicable codes.
2. Local code provisions or regulations that concern any of the following:
(a) Public safety.
(b) Objective design standards and reasonable stealth and concealment requirements.
4. “. . . the authority's public safety and reasonable spacing requirements that concern the location of new utility poles in a right-of-way.”
A.R.S. 9-593. Applicability; collocation of small wireless facilities; permits; application; fee
“A. This section applies to the activities of a wireless provider within a right-of-way. B. Except as provided in this section and sections 9-592, 9-594, 9-595, 9-597, 9-598 and 9-599, as applicable, an authority may not prohibit, regulate or charge for the collocation of small wireless facilities.”
A.R.S. 9-594. Structures subject to zoning; time frames; application; fees
A. The following activities that take place inside of a right-of-way are subject to this section and all of the authority's codes and regulations, including the authority's zoning codes and other regulatory processes governing use of the rights-of-way, unless the activities are exempt from zoning review and approval under section 9-592, subsection I or J or section 9-593, subsection C: 1. The installation of new monopoles, utility poles or wireless facilities. 2. The collocation of wireless facilities.
B. Notwithstanding any provision in this article to the contrary, the construction, installation, maintenance, modification, operation or replacement of a monopole or associated wireless facility in a right-of-way is subject to all of the authority's codes and regulations, including the authority's zoning codes and other regulatory processes governing use of the rights-of-way.
Please note that A.R.S. 9-594 B. clearly allows for the authority’s codes and regulations, including zoning and other regulatory processes, to govern use of rights-of-way. It is evident that the Mayor and the Tucson City Council have failed to maintain, amend, create or modify codes and regulations, including zoning and other regulatory processes to benefit the residents of Tucson.
It is known that extremely large sums of money are flowing into cities and towns that participate in permitting WTFs. Given this financial incentive, Tucson residents are unclear as to the honorability of the Mayor and City Council’s motives with respect to permitting WTFs. Tucson residents have previously submitted FOIA requests which have gone unacknowledged and unanswered, and now demand a clear accounting, published for all to see, indicating the sources of all money in the form of grants, incentives, or any other source. In addition, you must indicate to whom and to what the funds have been allocated or expended. Lack of transparency has raised questions about motives and has reduced faith in those representing the will of the People.
A.R.S. 9-596. Scope of local authority
“A. Subject to this article and applicable federal law, an authority may exercise zoning, land use, planning and permitting authority and the authority's police power within the authority's territorial boundaries, including for the installation, modification and replacement of wireless support structures and utility poles.”
A.R.S. 9-598. General requirements for use of the right-of-way
“Structures and facilities deployed by wireless providers pursuant to this article shall be constructed, maintained and located as to not obstruct, endanger or hinder the usual travel or public safety on the right-of-way, damage or interfere with any other utility.”
Please note that there has been no consideration for Nuisance (see HUD above), noise, or damage to property value or public safety. There has been no effort on the part of the Tucson City Council to work with residents to determine the will of the People and the best practices in permitting and placement of WTFs. All efforts by the People to reach amenable conclusions have been rebuffed, ignored, and overridden by the Mayor, the Tucson City Council, and City Attorney who is “tired of meeting with 5G groups.” Further, the Council has made it very clear that they will not welcome residents at their deliberations. The Mayor’s stated agenda is a 5G “Smart City,” apparently at any cost.
Please note, from all the references to A.R.S. 9, there are multiple opportunities for positive intervention from the Mayor and the City Council. Instead, the Mayor and the Council has falsely, thus fraudulently, claimed, “The Federal Government has effectively taken any regulatory control or oversight related to safety concerns completely out of the hands of local government.”(see reference above). Your responsibility is to those who elected or employed you for one purpose, to positively represent “We, the People.” Any other action on your part, is a violation of your Oath, violence against the trust of the people, and clear maladministration as well as malfeasance.
Arizona State Constitution Article 2 Section 3: Supreme Law of the Land
Supreme law of the land; authority to exercise sovereign authority against federal action; use of government personnel and financial resources.
A. The Constitution of the United States is the supreme law of the land to which all government, state and federal, is subject.
B. To protect the people's freedom and to preserve the checks and balances of the United States Constitution, this state may exercise its sovereign authority to restrict the actions of its personnel and the use of its financial resources to purposes that are consistent with the constitution . . .
C. If the people or their representatives exercise their authority pursuant to this section, this state and all political subdivisions of this state are prohibited from using any personnel or financial resources to enforce, administer or cooperate with the designated federal action or program.
Arizona Constitution ARTICLE 2 Section 12
“The liberty of conscience secured by the provisions of this constitution shall not be so construed as to excuse acts of licentiousness or justify practices inconsistent with the peace and safety of the state.”
Licentiousness is to be understood as acting without regard to law, ethics, or the rights of others. Licentiousness, or practices inconsistent with the peace and safety of the state, county and local residents, have occurred with all trust indenture servants of the state and state agencies, municipalities (City Council of Tucson), and associations who have acted in a licentious and disruptive manner related to the complaints listed herein.
I, one of the People, wish to remind you that, while you are limited in your powers and liberties, “We, the People” have freedom to express ourselves on all subjects, including your performance as agents of “We, the People.”
Arizona Constitution ARTICLE 2 Section 6
“Every person may freely speak, write, and publish on all subjects, being responsible for the abuse of that right.”
Please note that Tucson residents have repeatedly objected to their loss of public safety and loss of property value related to placement of WTFs in Tucson. You, the elected indentured servants of the People, have not been receptive to nor compliant with the requests of the People. After repeated attempts to reach amenable conclusions, the People of Tucson are now found to need further recourse.
Maxim of Law- Common knowledge includes matters of learning, experience, history, and facts of which judicial notice may be taken, and may be referred to in argument of counsel.
Arizona Constitution Article 2 Section 32
“The provisions of this Constitution are MANDATORY, unless by express words they are declared to be otherwise.”
[Emphasis added by the undersigned.]
I, one of the People, now require and demand that you not only meet with, but adhere to, the requirements of the People. All provisions of the State Constitution are mandatory and are not to be overlooked or ignored as if they did not exist. This would include discrimination of any kind against the civil rights of the People.
Arizona Constitution Article 2 Section 36
“This state shall not discriminate against or grant preferential treatment to any individual or group on the basis of race, sex, color, ethnicity or national origin in the operation of public employment, public education or public contracting.”
Your actions may be restricted if your actions are inconsistent with protecting the People’s freedom. (Article 2 section 3b; Article 2 section 6; Article 2 section 12). Any failure on your part to protect these rights is a breach of your trust indenture and your Oath of office. You were given responsibilities by the People, and you are acting in maladministration, malconduct, and malfeasance done in and with bad faith to the People you serve, if these responsibilities are not fully and faithfully completed. Such actions may result in censure, fines, termination of services, or other negative consequences as indicated in A.R.S. § 38-231 C and portions of Title 13-Criminal Code.
Maxim of Law- Remedy signifies the judicial means for enforcing a right or redressing a wrong.
I wish for all trust indentured servants to show in each job description or sworn oath, where you were given authority, to offer preferential treatment, potential bribery, inducements or emoluments to individuals or groups of individuals, thus discriminating against others of “We, the People.” Where were you given authority by any Federal or State agency to overlook and ignore the safety and value of those you are to serve? Contrary to your actions, the Title 9 law makes it quite possible and feasible, should you choose to make the effort, to correct your permitting actions to be in compliance with the will of the People.
You, as trust-indenture servants, have far overreached your authority in multiple areas, thus endangering the rights and liberties reserved to “We, the People.” I now require that you immediately cease and desist from your unlawful policy making activities and implementations. You will be held accountable separately for each unlawful activity in which you participate. I wish to remind you that no trust indentured servant may impinge on or in any way damage or harm the People’s rights.
Any man or woman who denies these claims are true must rebut them under penalty of perjury in the form of a sworn affidavit. Any man or woman denying these claims are true must rebut these claims point by point within (3) days (72 hours). Failure to respond means that by acquiescence you agree that all claims are true.