Documente Academic
Documente Profesional
Documente Cultură
(hand-delivery to above addresses & via email, via certified mail & via the Clerk of the Board)
Notice of Claim by Brandon Patrick re: Pima County Supervisor Ally Miller &
Pima County Pursuant to A.R.S. 12-821.01. Ariz. R. Evid. 408 communication.
Dear Pima County Board of Supervisors and Supervisor Ally Miller:
I represent Mr. Brandon Patrick and I am authorized to present this Notice of Claim on
his behalf. This is a Notice of Claim against Pima County Supervisor Ally Miller and Pima
County for the amount of $75,000.00, filed by Air Force veteran Brandon Patrick for violating
his First Amendment free speech rights protected by the U.S. and Arizona Constitutions. Ally
Miller's intentional and shocking actions of defiantly and spitefully censoring free speech
protected by the First Amendment, especially the free speech expressed by a military veteran
willing to give his life to protect the freedom enshrined in the Constitution, is outrageous.
After all Board of Supervisor members were expressly informed that deleting social
media comments and blocking followers violates Arizona public record laws and could violate
Constitutional rights, Pima County Supervisor Ally Miller was verbally and publicly defiant,
mocked the warning that cautioned against such behavior, and then acted in accordance with her
expressed derision by spitefully and defiantly censoring and deleting free speech and blocking
any future free speech from Mr. Patrick. Supervisor Miller's conduct was intentionally designed
to stomp out and suppress viewpoints that were unflattering or unfavorable to her, or simply
different from her own. Ally Miller intentionally made a mockery of the First Amendment and
of the responsibility that government officials should exercise.
An action against a public entity or employee may proceed only if the claimant files a
notice of claim that includes (1) facts sufficient to permit the public entity to understand the
basis upon which liability is claimed, (2) a specific amount for which the claim can be settled,
and (3) facts supporting the amount claimed. Havasupai Tribe of Havasupai Reservation v.
Arizona Bd. of Regents, 220 Ariz. 214, 204 P.3d 1063 (App. 2008), review denied.
This claim relates to Supervisor Ally Miller's blatant, spiteful and intentional violations
of Mr. Brandon Patricks guaranteed First Amendment free speech rights protected by the U.S.
Constitution and Article 6 of the Arizona Constitution, in relation to Ally Miller's deletion of
his comments on a public forum on Facebook and her continued restraint of his free speech.
BACKGROUND OF THE FIRST AMENDMENT VIOLATIONS
Mr. Patrick is a military veteran who believes in and supports the freedom of speech as
protected by the First Amendment of the U.S. Constitution and the Arizona Constitution. Mr.
Patrick has been involved in local political and ballot campaigns in Pima County, including at
least one political campaign opposed by Pima County Supervisor Ally Miller. Mr. Patrick
participates in social media and expresses his political viewpoints on mediums like Facebook.
Pima County Supervisor Ally Miller is the elected County Supervisor for District 1 and
sits on the Pima County Board of Supervisors. On January 1, 2013, Pima County Supervisor
Ally Miller established a Government Official Facebook page which she titled Supervisor
Ally Miller. (https://www.Facebook.com/SupervisorAllyMiller/?fref=ts) The page also states
it is: The official Facebook Page of Supervisor Ally Miller, representing District 1 on the Pima
County Board of Supervisors. (https://www.Facebook.com/SupervisorAllyMiller/about/?
entry_point=page_nav_about_item&tab=page_info) (Exhibit A.)
In the About section of this Government Official Facebook page, Supervisor Ally
Miller provides a link to her official county email address district1@pima.gov and government
office phone number. (Exhibit A-1.) The Facebook page also provides a link to her official
internet website page for Pima County Supervisor, Ally Miller, Representing District 1,
which lists her title and name Supervisor Ally Miller, her official government address and
government phone number as: 130 W Congress 11th Floor, Tucson, AZ 85701 520-7242738. (See http://allymillerdistrict1.com/Contact_Us.html) (Exhibit B.) The Contact page
on the website lists similar government contact information for herself and also for other
members of the Pima County Board of Supervisors. (Exhibit B-1). The website page also lists
Facebook and social media for Supervisor Ally Miller. (Exhibit B.) On the website there is a
link to a page titled Social Media, where Supervisor Miller states I believe transparency in
government is extremely important, and one of the ways I actively keep the public informed is
through the use of social media. Follow me on Facebook, Twitter, Instagram, and YouTube for
important video clips from meetings and daily updates on events and news in Pima County.
(http://www.allymillerdistrict1.com/Social_Media.html) (Exhibit B-2.) Supervisor Miller also
maintains her own different personal and political campaign Facebook accounts. (Exhibit B-3.)
2
Pima County Supervisor Ally Miller's Government Official Facebook page establishes
a First Amendment forum for public discourse about community, social and political issues.
Members of the public interact with Supervisor Miller and other individuals on Supervisor
Miller's Government Official Facebook page, providing comments and viewpoints about
political and social issues. Exchanges of opinions and comments occur on this forum.
On November 10, 2015, the Pima County Board of Supervisors adopted Pima County
policy 33.2 regarding Social Media, making it official Pima County policy to use social
media to communicate county policies, program information and general information to the
public. The policy recognizes the vital importance of participating in social media/social
networking communication and is committed to ensuring that the County participates and
listens in meaningful ways. Among various stated goals of the policy was the intent to
engage, listen to input, and participate in neighborhood, local, regional, state and/or
national conversations. The official Pima County policy specifically exempts elected officials
from being subject to the Administrative Procedure developed for Social Media, but stated that
Pima County elected officials shall, however, maintain all social media in accordance with all
public records retention and production laws, regulations and requirements. (Exhibit C.)
Previously, on April 6, 2012, the Pima County Administrator had established
Administrative Procedure 3-31 for all County Departments on the use of social media. It
included guidelines on managing social media, to address Pima County responsibilities
relating to public records, protection of free speech, and information privacy and security all
very important issues and unique to government entities in this new medium of social
networking. All Pima County Departments were encouraged to use social media for various
government activity, including customer service, news and information, and as ways to
communicate with elected and management officials. (Exhibit D.)
On January 21, 2016, Pima County Administrator Chuck Huckelberry sent a
Memorandum to the Board of Supervisors regarding the fact it had been discovered that some
County elected officials had been deleting comments from their County social media accounts
and also banning some members of the public from posting comments on their social media
accounts. These deletions may be in violation of the State's public records laws, ARS 39.121
and ARS 41.141.15. Furthermore, banning some persons from government social media may
be unduly constraining their First Amendment free speech rights. (Exhibit E, Memorandum
regarding Deletion of Social Media Comments and Adherence to State's Public Records Law,
dated Jan. 21, 2016, and Attachment 5 [article concerning First Amendment issues for deleting
Facebook comments], emphasis added.) The Memorandum included Attachments such as the
2012 and 2015 Pima County policies and administrative procedures, Secretary of State and
other training materials on social media and public record retention, and an article on First
Amendment issues in Oro Valley for deleting Facebook comments from an official page. (See
http://webcms.pima.gov/UserFiles/Servers/Server_6/File/Government/Administration/CHHme
mosFor%20Web/January%202016/January%2021,%202016%20-%20Deletion%20of
%20Social%20Media%20Comments%20and%20Public%20Records.pdf .)
3
On or about January 25, 2016, Supervisor Ally Miller posted a Facebook post on the
Government Official Supervisor Ally Miller Facebook page, stating:
You can't make this up:
Chuck Huckelberry has Bud Foster on the beat....coming after me for Facebook.
Aren't you happy we Pay Chuck $320 thousand dollars a year. I just received a
message from Bud requesting comment. I shall not comment on a news story
regarding Facebook! How ridiculous can this get? Stay tuned.
(Exhibit F.)
Pima County Supervisor Ally Miller's Facebook post related to the January 21, 2016
Memorandum by the Pima County Administrator, in that Bud Foster, a local television news
reporter from CBS News, was seeking comment from Supervisor Ally Miller about the issue.
On or about January 25, 2016, Mr. Patrick then engaged in protected First Amendment
activity by weighing in with his speech on the Facebook post written by Supervisor Ally Miller.
Mr. Patrick commented on Supervisor Miller's Facebook post, which itself was prompted by
the County Administrator warning officials that deletion of Facebook comments and blocking
individuals violated public record laws and could also violate the Constitutional rights of
individuals. Mr. Patrick not only commented with his speech on Pima County Supervisor Ally
Miller's Government Official Facebook post, but he also interacted with another commenter,
providing his viewpoint and exercising his free speech rights to comment in this public forum.
Specifically, Mr. Patrick made two separate Facebook comments in response to
Supervisor Miller's Facebook post and commentary.
One comment by Mr. Patrick noted the irony in Ally Miller's statement that she would
not comment on a news story regarding Facebook but that she was in fact using Facebook to
make a comment that she would not comment about a news story regarding Facebook. Mr.
Patrick's comment was satirical free speech commentary regarding the irony in an elected
official Ally Miller's Facebook post, and did not contain any rude or crude language of any
kind. This comment was part of the dialogue on the Government Official Supervisor Ally
Miller's Facebook page, but it was later deleted by Miller and is no longer visible. (Exhibit F.)
Another commenter (Keith Van Heynagan) then posted commentary, in apparent
direct response to Mr. Patrick's comment, by stating Brandon Patrick run for office.
(Exhibit F [highlighting added to identify the use of Mr. Patrick's name by this commenter].)
Mr. Patrick then commented in reply something to the effect of, I could run for office,
or I could start a youtube channel, because that is how real change is made, right? This
comment also was not offensive and was part of the overall dialogue on Supervisor Miller's
page, but was deleted later by Supervisor Ally Miller and is no longer visible. (Exhibit F.)
4
On January 27, 2016, Supervisor Ally Miller posted a comment on her own Facebook
page post on January 7, 2016, at 5:43 p.m. that Chuck Huckelberry is now attacking Kimberly
Varley-deMarco in Green Valley news. Interesting he is spending all this effort on Kim and
myself... I wonder why that could be? We really do live in his head. (Exhibit G.)
Mr. Patrick's comments resulted in another person (Jack Tamali) commenting, and
referring and linking Mr. Patrick into the conversation, and saying Brandon Patrick[:] Yes, it
would be nice if the bureaucracy that words for the elected officials stop trying to control their
ability to govern in a way their constituents would prefer. For example, stop wasting taxpayer's
resources on a 130+ 'memo' about how to handle trolls on their Facebook pages. (Exhibit G.)
On information and belief, sometime around January 25 and 27, 2016, Supervisor Ally
Miller deleted the comments Mr. Patrick posted to her Government Official Facebook page.
On information and belief, Supervisor Ally Miller has also blocked him from commenting on
Supervisor Ally Miller's Government Official Facebook page. In the past, Mr. Patrick had
clicked Like on this Facebook page, which was required in order to be able to engage and
comment on the Government Official Facebook page. However, Supervisor Miller has since
taken intentional action to affirmatively block Mr. Patrick, which thereby restrained and now
continues to restrict him today from ever posting comments on Ally Miller's Facebook page.
Mr. Patrick was not aware that his speech had been deleted and suppressed, and did not
know that he had been continuously restrained with a prior restraint of his free speech due to
Supervisor Ally Miller's decision and action to permanently block him from commenting.
On or about May 19th, 2016, Brandon Patrick first became aware that his comments had
been deleted and that he had been blocked from posting comments to Ally Miller's Facebook
page. This occurred because on that date, Mr. Patrick read a news story in the Tucson Sentinel
online newspaper suggesting that Timothy DesJarlais, an aide to Ally Miller, had created a fake
news outlet called the Arizona Daily Herald and masqueraded as a reporter to try to cover her
political campaign for re-election. (Exhibit I, Article by Dylan Smith titled Ally Miller aide
linked to imitation news website; alter ego posing as reporter, published on May 19, 2016, in
the Tucson Sentinel.) Upon reading these news accounts, Mr. Patrick went to Supervisor Ally
Miller's Government Official Facebook page in order to post comments and to express his
concern about the "AZ Daily Herald" situation. He discovered that he could no longer
comment or express opinion on that Facebook page or on any of the posts on the page.
Mr. Patrick attempted to Like her page so he could then post comments, but Facebook
informed him that he was not allowed to Like that page anymore. At that point, Mr. Patrick
then looked for his prior comments on the page, but his comments had been deleted. Mr.
Patrick also has been barred from future input or discussion on Supervisor Ally Miller's page.
Between May 19th through Oct. 25th 2016, Mr. Patrick has tried to comment on or Like
Supervisor Ally Miller's Government Official Facebook page, but he is still blocked by her.
5
On February 20, 2016, the Arizona Daily Star published an article noting that it appeared
that Arizona public records law was being violated by deletions of postings on Supervisor Ally
Miller's Facebook page, and similar conduct by unrelated county officials. (Exhibit H, Arizona
Daily Star article by Patrick McNamara titled County governments social media shows public
records violations, published Feb. 20, 2016.) Although Supervisor Ally Miller claimed that her
whole office had access to the Facebook account, Supervisor Miller's former Chief of Staff
Jeanine Davis contradicted this claim, and stated: Supervisor Miller was the only one to delete
comments and block individuals, according to the news story. (Exhibit H.)
The facts supporting the claim establish that Pima County Supervisor Ally Miller has
established a public forum with a Government Official Facebook page. The Pima County
Administration specifically advised and informed Supervisor Miller that this creates official
public records which cannot be deleted without violating Arizona Public Records law and
potentially violating First Amendment rights. This Government Official Facebook page is
represented to be the official Facebook page for an elected Pima County official, and thus
established a free speech forum by which she and members of the community engage in
discussions and commentary, discuss recent events, and discuss social and political issues.
Ally Miller's intentional, continued censoring of Mr. Patrick's free speech is outrageous.
FIRST AMENDMENT VIOLATIONS
The right to the freedom of speech is enshrined in the First Amendment to the United
States Constitution, which provides that Congress shall make no law ... abridging the freedom
of speech, or of the press[.] U.S. Const., Amend. I. This limitation on governmental
interference with free speech applies directly to the federal government, and has been imposed
on the states via the Fourteenth Amendment. See, e.g., First Nat'l Bank v. Bellotti, 435 U.S.
765, 779-80, 98 S.Ct. 1407, 55 L.Ed.2d 707 (1978). The Arizona Constitution similarly
enshrines protection of freedom of speech. Article 6, Arizona Constitution.
First Amendment protections extend to speech via the Internet. Through the use of the
Internet, any person with a phone line can become a town crier with a voice that resonates
farther than it could from any soapbox. Reno v. ACLU, 521 U.S. 844, 870, 117 S.Ct. 2329, 138
L.Ed.2d 874 (1997). Through the use of web pages, mail exploders and newsgroups, [any
person] can become a pamphleteer. Reno, 521 U.S. at 870, 117 S.Ct. 2329.
When speech touches on matters of public political life, such as debate over
the qualifications of candidates, discussion of governmental or political affairs,
discussion of political campaigns, and advocacy of controversial points of view,
such speech has been described as the core or essence of the First Amendment.
[See McIntyre v. Ohio Elections Comm'n, 514 U.S. 334, 346-347, 115 S.Ct. 1511,
131 L.Ed.2d 426 (1995)]. Governmental restrictions on such speech are entitled to
exacting scrutiny, and are upheld only where they are narrowly tailored to serve
an overriding state interest. Id. at 347, 115 S.Ct. 1511. However, even non-core
6
damages in a First Amendment deprivation case may include not only out-of-pocket loss and
other monetary harms, but impairment of reputation, personal humiliation, and mental anguish
and suffering. Memphis Community School District v. Stachura, 477 U.S. 299, 307 (1986).
Punitive damages are awardable when a defendant's conduct is shown to be motivated by evil
motive or intent, or by a reckless or callous indifference to federally protected rights. Smith v.
Wade, 561 U.S. 30, 56 (1983); see also Badia v. Casa Grande, 988 P. 2d 134, 141 (App. 1999).
REINSTATEMENT TO ENGAGE IN FREEDOM OF SPEECH
Supervisor Ally Miller should be required to unblock Mr. Patrick from this Facebook
page and allow for his First Amendment commentary. This should also extend to others who
have been similarly blocked and restrained from engaging in protected freedom of speech
commentary on Pima County Supervisor Ally Miller's Government Official Facebook page.
AMOUNT FOR WHICH CLAIM CAN BE SETTLED
The amount for which this claim can be settled out of court is $75,000.00, which is well
within the range of settlements for violations of Free Speech in a forum protected by the First
Amendment. (See Exhibits J, K, L and M.) The violation of Mr. Patrick's First Amendment
speech is undeniable and was intentional, outrageous, and pernicious in its intended effect.
In 2014, Roswell, New Mexico settled for $97,000.00 over the First Amendment claims
raised by two individuals for restricting their right to engage in speech (preaching) on public
sidewalks. (Exhibit K.) This case is similar in that Mr. Patrick was restricted from engaging in
free speech on a public forum created by Supervisor Miller on the Facebook page.
In cases involving restriction of free speech on public forums created on Facebook, such
censorship cases for deleting comments have resulted in amounts of over $40,000.00 for
deleting Facebook comments, but none of those cases involved such egregious conduct as Ally
Miller engaged in here directly flaunting express official warnings about possibly violating
First Amendment rights of citizens, and then censoring and deleting Free Speech and engaging
in prior restraint of free speech by permanently barring Mr. Patrick and others from engaging in
free speech in this public forum. (Compare Exhibit J, Tennessee county settles for $41,000 in
damages and attorney fees where Sheriff deleted unfavorable comments while leaving
favorable comments after a non-religious group posted an article about Sheriff using Facebook
to proselytize). Another case in New Mexico involved a former Mayor's deletion of Facebook
comments and public record violations of refusing to turn over such public records, but that
public records violation case is still pending, and involves settlement discussions in the range
of $60,000. (Exhibit K.) Other less egregious cases have involved the censorship of Facebook
comments and resulted in settlements of more than $20,000.00. (Exhibit L, San Diego Sheriff's
office sued for deleting Facebook comments by gun activist and settled for $23,020 for
attorneys fees and $20 symbolic amount demanded by activist). In Hawaii, the Hawaii Police
Department settled a Facebook comment censorship case for $31,000.00. (Exhibit M.)
8
EXHIBIT A
1 of 8
https://www.facebook.com/SupervisorAllyMiller/
Email or Phone
Password
Log In
Forgot account?
Government Official
Just read the Monsanto article in the paper. Well now, another back room
deal being negotiated?? People are outraged? It is about time. These deals
need to be thoroughly researched and vetted. Let's see how many days
notice we get on this deal before it is served up for a rubber stamp!
Disgusting that I am hearing about this in the media as a County
administrator does the deal in the dark of night. Disgusting! Pima County
taxpayers deserve better!
The next board meeting is October 18th. Please attend.
Like
Comment
Top Comments
PEOPLE
1,264 likes
ABOUT
2 shares
Supervisor Ally Miller Just an update for all of you...I received a 135 page
memorandum from Chuck Huckelberry late Friday afternoon regarding
Monsanto. Some of the information was described as confidential. I will share
what information I am able to after reading this nex... See More
PHOTOS
VIDEOS
Citizens also spoke out in opposition to Pima County's proposed deal with
10/25/2016 6:05 PM
2 of 8
https://www.facebook.com/SupervisorAllyMiller/
Monsanto Corporation during the Oct. 18, 2016 Call to the Public.
Like
Message
Share
the video:
www.youtube.com/watch?v=tiPunaVLgos
Sign Up
More
Comment
30 people spoke during the Call to the Public at the Oct. 18, 2016 BOS
Supervisor Ally
Meeting.
Watch the video of citizens speaking out about the lack of road repairs in
Miller
their neighborhoods:
@SupervisorAllyMiller
https://www.youtube.com/watch?v=T2ZVCHUQ0S8
NOTES
About
Endorsements
Photos
Likes
Videos
Like
Comment
Share
Events
Diane Allerton, Shaun McClusky, John White and 9 others like this.
Top Comments
Notes
Dan Mitchell No Volume
Posts
Pima County
October 21 at 4:52pm
Government Organization
October 23 at 4:44pm
View more replies
Comment
Frank Herran, Michael Aragon, Nicole Rox and 3 others like this.
Law Enforcement
Top Comments
October 17 at 9:56pm
Anne Loftfield First time I've been to one of these meetings, very interesting.
Unfortunately I had to leave my glass water bottle with security, made me a little
fuzzy! I hope you all check out the GMO book, Melissa is careful with facts and
citations. Both Melissa and I are available to answer any questions. Would you
like to visit my son's farm?
1 October 18 at 9:15pm
The French consul for the state of Arizona awarded 3 Veterans with Legion
of Honor medal today. The award is France's highest military decoration for
contribution's to their country. Congratulations to:
Army Captain Robert McCormack of Sierra Vista
Staff Sgt. Albert Arreola
Sgt John Reitz
It was an Honor to be there. We will post pictures on Monday.
Like
Facebook 2016
Comment
10/25/2016 6:05 PM
3 of 8
https://www.facebook.com/SupervisorAllyMiller/
Like
Message
Share
More
Sign Up
Octob
Pima Animal Care Center officials will hold its first Construction Sale
starting Friday, Oct. 7. To help ease overcrowding during this time of
transition, all dog, cat, puppy and kitten adoptions will be $10 through
Sunday, Oct
Events
Like
Comment
Notes
Share
Posts
Supervisor
Create aAlly
PageMiller added 5 new photos.
September 29 at 8:55am
Like
Comment
Top Comments
1 share
Ann Bracco You look great, Supervisor Ally Miller. Handsome men with you
too!
1 September 29 at 2:11pm
10/25/2016 6:05 PM
4 of 8
https://www.facebook.com/SupervisorAllyMiller/
Supervisor Ally Miller Your hubby is looking good. Hope to see you
soon Ann.
Like
Message
Share
More
Sign Up
m
Noah S
wo councilmen (Bracco and Bloomberg) you
are pictured with both voted for a CFD that is essencsially an additional huge
property tax on future residents ( homes in the new areas will have about $1000
dollars
. See More
Septem
Supervisor Ally
Miller
Mexican baseball fever returns to Kino Sports Complex Sept. 29!
September 26 at 11:01am
@SupervisorAllyMiller
Create a Page
Like
Comment
Share
Need help with your pets? This week Pima Animal Care Center launched a
Pet Support Center hotline dedicated to connecting local residents with the
resources they need to keep their pets and scheduling admission
appointments for healthy owned and stray pets.
Like
Comment
Share
Pima County officials will formally dedicate a northwest Tucson park in honor
of former Pima County District 1 Supervisor Ann Day. The ceremony begins
at 9 a.m. at Ann Day Community Park, 7601 N. Mona Lisa Road, located at
10/25/2016 6:05 PM
5 of 8
https://www.facebook.com/SupervisorAllyMiller/
the southwest corner of Magee and Mona Lisa Roads. Please join us.
Like
Like
Comment
Photos
Message
Share
More
Sign Up
Share
Kate Jabczenski,
Alan Lawson, Alison Myers Don and 13 others like this.
Likes
Videos
Supervisor Ally Miller
Events13
September
Notes
Public Meeting
Notice:
Tucson International Airport will hold a Public Scoping Meeting regarding the
Posts
environmental impact of proposed new runways and the release of airport
lands from federal control:
Create a Page
Like
Comment
Share
Ralph Harris, Suzanne Droubie and Alison Myers Don like this.
Top Comments
Comment
Sandra Larriva, Mark Herbert, Linda Felter and 8 others like this.
Get your Pima County Library Card during National Library Card Sign Up
Month
Like
Comment
Share
10/25/2016 6:05 PM
6 of 8
https://www.facebook.com/SupervisorAllyMiller/
Like
Linda
T C
Message
t
Share
More
Sign Up
as twenty SEVEN!!!
Septem
Sup
Septe
Supervisor Ally
Like
Comment
Create
a Page
Share
Like
Comment
Share
Alison Myers Don, Suzanne Kaye, Bill Buth and 2 others like this.
Top Comments
2 shares
Supervisor Ally Miller They have alot of animals right now so it is a great time
to adopt.
1 September 7 at 2:35pm
10/25/2016 6:05 PM
7 of 8
https://www.facebook.com/SupervisorAllyMiller/
More
Sign Up
Like
Alison Myers Don, Neal Mccleskey and Michael Honeybear Cotton
like this.
Top Comments
1 share
Supervisor Ally Miller Video of the full Board of Supervisors meeting on
9-6-16 is posted: https://www.youtube.com/watch?v=ZSjDXPjZ9xw
Supervisor Ally
Miller
Pima County Board of
@SupervisorAllyMiller
About
Endorsements
Photos
September
7 at 2:06pm Edited
Michael
Honeybear Cotton Thank impossible if handicapped!
Likes
September 7 at 5:04pm
Videos
Events Ally Miller
Supervisor
September 5
Notes
Board of Supervisor meeting on September 6th at 9:00 am. 130 W.
Posts
Congress. This will be the only meeting in September. There will be 1
meeting in October, October 18th.
Create a Page
Like
Comment
Top Comments
George Wilson Please tell me again why the Pima County B of S should be
asking for authorization to go "to the street" for millions to finance or refinance
charter schools in Maricopa County or any county other than Pima? Or better
yet, why would this even get on the agenda? Last question: I missed the live
meeting both in person and on line, is there a way to get a rerun on line??
September 6 at 5:02pm
View previous replies
Supervisor Ally Miller La Paz County recently held a study session
and here are some Q&A as a result of that meeting:
http://www.parkerpioneer.net/.../article_0ec8a940-9b59...
1 September 7 at 7:17am
View more replies
Comment
Sandra Larriva, George Wilson, John White and 8 others like this.
Top Comments
10/25/2016 6:05 PM
8 of 8
https://www.facebook.com/SupervisorAllyMiller/
Augu
Message
Share
More
Sign Up
Top Comments
3 August 30 at 3:51pm
Supervisor
Ally
Supervisor Ally Miller Thank you Mike Turner!
August 30 at 5:37pm
Miller
@SupervisorAllyMiller
View
more replies
Laura Taylor-Haines Hope the citizens of Pima County vote for truth, integrity,
and financial accountability. Good luck Ally.
3 August 30 at 8:47pm
About
Endorsements
Photos
Supervisor Ally Miller
August
26
Likes
Walk a dog at
PACC this Labor Day Holiday!
Videos
The deadline to RSVP is Aug. 31:
Events
http://webcms.pima.gov/cms/One.aspx
Notes
Like
Comment
Posts
Mark Herbert and Sergio Mendez like this.
Create a Page
See More
10/25/2016 6:05 PM
EXHIBIT A-1
1 of 1
https://www.facebook.com/SupervisorAllyMiller/about/?ref=page_internal
Email or Phone
Password
Log In
Forgot account?
Supervisor Ally
Miller
@SupervisorAllyMiller
Home
Like
Message
Share
Sign Up
More
Endorsements
Photos
About
Suggest Edits
Likes
Videos
Events
Political Info
Notes
Current Office
Milestones
2013
Posts
CONTACT INFO
Create a Page
About
The official Facebook Page of Supervisor Ally Miller, representi
ng District 1 on the Pima County Board of Supervisors.
10/25/2016 6:39 PM
EXHIBIT B
Home Page
HOME PAGE
ABOUT SUPERVISOR
MILLER
PRESS RELEASES
IN THE NEWS
VOTING RECORD
CONTACT US
SOCIAL MEDIA
Home Page
DISTRICT 1 STAFF
IN THE COMMUNITY
NEWSLETTERS
RESOURCES
Home Page
March 11 Application Deadline for Pima County Summer Job Applicants (3/4/2016)
Home Page
EXHIBIT B-1
Contact Us
1 of 2
http://allymillerdistrict1.com/Contact_Us.html
HOME PAGE
ABOUT SUPERVISOR
MILLER
PRESS RELEASES
IN THE NEWS
VOTING RECORD
CONTACT US
SOCIAL MEDIA
Contact Us
DISTRICT 1 STAFF
IN THE COMMUNITY
NEWSLETTERS
If you have any issues or concerns, fill out the form below, call (520)
724-2738 or email district1@pima.gov. I strive to return your call within 24
hours.
RESOURCES
First Name:
Last Name:
Address Street 1:
Address Street 2:
City:
Zip Code:
(5 digits)
State:
Daytime Phone:
Evening Phone:
Email:
Comments:
8/10/2016 2:07 PM
Contact Us
2 of 2
http://allymillerdistrict1.com/Contact_Us.html
District
Supervisor
Phone #
Ally Miller
(520) 724-2738
district1@pima.gov
Ramon Valadez
(520) 724-8400
district2@pima.gov
Sharon Bronson
(520) 724-8051
district3@pima.gov
Ray Carroll
(520) 724-8094
district4@pima.gov
Richard Elias
(520) 724-8711
district5@pima.gov
County Concerns/Issues
Pima County Pothole Hotline: (520) 740-2639
Current Road Closures: Click Here to View Current Road Closures
Traffic Incidents: Click Here to View Current Traffic Incidents
Current Projects: Click Here to View Current Roadway Projects
Content copyright 2016. Supervisor Ally Miller. All rights reserved.
Supervisor Ally Miller 130 W Congress 11th Floor, Tucson, AZ 85701 520-724-2738
8/10/2016 2:07 PM
EXHIBIT B-2
Social Media
HOME PAGE
ABOUT SUPERVISOR
MILLER
PRESS RELEASES
IN THE NEWS
VOTING RECORD
CONTACT US
SOCIAL MEDIA
Social Media
DISTRICT 1 STAFF
IN THE COMMUNITY
NEWSLETTERS
RESOURCES
Social Media
EXHIBIT B-3
1 of 2
https://www.facebook.com/ally.miller.1088?fref=ts
Email or Phone
Password
Log In
Forgot account?
Friends
Photos
Videos
Photos
Favorites
Other
No Pages to show.
Ally Miller
Ally Miller
See more people named Ally Miller
Joanne Miller
CONTACT INFORMATION
Log In
Messenger
Facebook Lite
Mobile
Find Friends
Badges
People
Pages
Places
Games
10/25/2016 6:26 PM
2 of 2
https://www.facebook.com/ally.miller.1088?fref=ts
Locations
Celebrities
Groups
Ad Choices
Terms
Help
Moments
About
Create Ad
Create Page
Developers
Careers
Privacy
Cookies
Facebook 2016
10/25/2016 6:26 PM
https://www.facebook.com/AllyMillerAZ/?fref=ts
Email or Phone
Password
Log In
Forgot account?
About
Like
Message
Share
More
Endorsements
Events
October 23 at 9:07pm
Likes
Photos
Politician
Notes
PEOPLE
Join My List
Like
Comment
617 likes
Help Ally
Eileen Dillman, Donald Kerby, Kevin V Sinclair and 15 others like this.
Chronological
Posts
ABOUT
http://allyforsupervisor.com/
It is always a great day at the Pima County Republican Club. It was a very
nice lunch meeting. Thank You Mike Ebert.
Like
APPS
Comment
Join My List
It was great to be in studio with James T. Harris last week. Podcast is here if
you missed it.
http://www.1041kqth.com//pima-county-board-supervisor-ally
PHOTOS
Like
Comment
Chronological
11 shares
View 1 more comment
Best Phil Ally what's up with Monsanto? Can they be STOPPED? You didn't
vote for the Death Dealers to come here did you?
October 16 at 9:24pm
Ally Miller For Supervisor I heard about via the media. Again....no
transparency. We will see when this comes up on agenda. No the vote
hasn't taken place.
October 17 at 6:33am
View more replies
Ally Miller For Supervisor This deal is not on agenda until after
1 of 7
10/25/2016 6:28 PM
https://www.facebook.com/AllyMillerAZ/?fref=ts
election....Bronson didn't want to make this call until after the election. I hope
folks understand that.
October 17 at 9:50pm
View previous replies
Ally Miller For Supervisor There are 2 more board meetings with the
current board.
October 19 at 11:43pm
NOTES
TucsonSentinel
Newspaper
Like
Comment
Phil Larriva, Eileen Dillman, Skip Spackeen and 11 others like this.
Chronological
9 shares
View 1 more comment
David Fossdal Sorry I missed it. I'm involved with an Estate Sale tomorrow. A
lot of work.
October 13 at 9:35pm
Ally Miller For Supervisor It is nice to see a candidate like John Backer for
Pima County who comes in after a loss to support the team. John was clearly in
this race for more than himself. It is a real honor to know him.
1 October 16 at 9:04am
Comment
Chronological
Facebook 2016
Exciting Endorsement!!
2 of 7
10/25/2016 6:28 PM
Like
Comment
https://www.facebook.com/AllyMillerAZ/?fref=ts
Share
Just read the Monsanto article in the paper. Well now, another back room
deal being negotiated?? People are outraged? It is about time. These deals
need to be thoroughly researched and vetted. Let's see how many days
notice we get on this deal before it is served up for a rubber stamp!
Disgusting that I am hearing about this in the media as a County
administrator does the deal in the dark of night. Disgusting! Pima County
taxpayers deserve better!
Like
Comment
Chronological
2 shares
View 5 more comments
Best Phil We need Kim DeMarco to help you clean out the HOUND house....
October 11 at 9:02pm
Paul Cervantez Sooo not liking this disaster of a deal made
October 22 at 4:53am
I will be appearing on the James T. Harris show this afternoon at 5pm. Hope
you can join us!
Like
Comment
Sebastian Scopellite, Roger Snapp, Mark Herbert and 7 others like this.
Chronological
1 share
Russ DeMarco You bet!
October 11 at 3:40pm
Best Phil Nice to hear you again:) Good luck on the 8th...I will be voting for Kim
DeMarco and praying you both WIN BIG:)
October 11 at 9:13pm
Are you tired of getting fleeced by the Pima County Board of Supervisors? I
stood against their backroom deals when I stood alone and I will continue
fighting against these sweetheart deals for those who prefer to use YOUR
money to finance these deals for their benefit!
https://arizonadailyindependent.com//pima-countys-most-in/
Like
Comment
Donald Kerby, Shane Dunn, Lyndon Johnson and 17 others like this.
Chronological
4 shares
View 1 more comment
Ally Miller For Supervisor The current board majority has supported
Huckelberry's agenda for years....Are you ready for Ally Miller, Steve Christy and
Kim DeMarco? It will be a game changer!
5 October 2 at 2:35pm
Mike N Crystal Thorson Time to take the trash out.
October 2 at 6:57pm
I will be out on the campaign trail meeting with constituents all week and
hope to see you when I ring the doorbell! My absolute favorite campaign
3 of 7
10/25/2016 6:28 PM
https://www.facebook.com/AllyMillerAZ/?fref=ts
activity is meeting directly with the voters of District 1. You are the ones who
matter.
Like
Comment
Kevin V Sinclair, Donald Kerby, Lyndon Johnson and 25 others like this.
Chronological
Comment
Norman Kubitskey, Mark Sorgatz, Rene Abril and 24 others like this.
Chronological
1 share
View 1 more comment
Eric Han Yip yip yahoo! You are a rock star
1 September 23 at 7:26pm
Sher King CONGRATULATIONS*** ALLY !!! KUDO'S
1 September 24 at 5:37am
Comment
Chronological
4 shares
View 3 more comments
Sebastian Scopellite On reason I left my hometown Tucson was the corruption
of the elected officials and that Tucsonians kept electing the crooks back into
office! Seeing a person like Allison make a change and seeing folks demanding
that change makes me think Tucson has a chance.. Way to go!
2 September 5 at 12:55am
Ally Miller For Supervisor Thanks Seb!!
September 5 at 7:32am
Noelle Dorothy Fairweather what I wish Pima County would do, is STOP
buying empty schools, golf courses and land. STOP! my property taxes
increased $250. I am SICK of it. Oro Valley is Pima County's cash cow.
September 14 at 2:18pm
4 of 7
10/25/2016 6:28 PM
https://www.facebook.com/AllyMillerAZ/?fref=ts
Comment
David Fossdal, Kevin V Sinclair, Suzanne Kaye and 11 others like this.
I am very optimistic about the future of Pima County and we must get a new
board elected in November!
https://arizonadailyindependent.com//steve-spain-onward-t/
Like
Comment
Chronological
8 shares
Susan Sandoval Congratulations!!!!!
Long way from Honeywell days, huh? TGFT......
1 September 1 at 3:17pm
Thank You to everyone for your support and prayers. We did it!! As of 4 am I
am up by 14.5%.
Like
Comment
Norman Kubitskey, Brad Johns, Roger Shaw and 90 others like this.
Chronological
5 shares
View 30 more comments
Linda Kyle Thank YOU ALLEY MILLER for fighting the hard fight for us! Didn't.
Get all my conservative people, but you were most important. Love you and
congratulations.
2 August 31 at 2:43pm
Terence O'Rourke Good For You ... I Know You Are The Hardest Worker On
The Board ... You Work For Us ... So Thanks & Congratulations !
1 September 1 at 3:07am
If you would like to know what your polling location is for the primary election
Aug 30, 2016, click here and put in your address and all the info will be there.
https://www.recorder.pima.gov/VoterStats/PollView
Like
Comment
Joe Seph, Eileen Dillman, Randy Hannon and 4 others like this.
Comment
Chronological
5 of 7
10/25/2016 6:28 PM
https://www.facebook.com/AllyMillerAZ/?fref=ts
1 August 29 at 6:40am
I have reserved a room at Fox and Hound for election night. Please join us!
AUG
30
Like
Comment
Share
Chronological
Comment
Chronological
1 share
Ally Miller For Supervisor https://arizonadailyindependent.com/.../pimacounty.../
August 28 at 7:20am
Ted Haworth The contempt Huckelberry shows for tax payers and their elected
officials is unbelievable. He seems to think this is Huckelberry County and all of
our already high but continually increasing taxes are his to spend as he pleases.
2 August 28 at 1:54pm
Campaign Finance Reports for all candidates were due at midnight last night.
You can check results here:
http://electionfilings.pima.gov:8889/
6 of 7
10/25/2016 6:28 PM
Like
https://www.facebook.com/AllyMillerAZ/?fref=ts
Comment
Chronological
1 August 27 at 7:41am
1 Reply
See More
7 of 7
10/25/2016 6:28 PM
EXHIBIT C
Subject:
Social Media
Policy Number
Page
D 33.2
1 of 1
Policy
Pima County recognizes the vital importance of participating in social media/social
networking communication and is committed to ensuring that the County participates
and listens in meaningful ways.
Pima County shall endeavor to:
Publish, engage and provide customer service with relevant, timely and
actionable information, while promoting core services and key events.
Establish our voice to build confidence that we are a trusted source for
information, especially during emergencies.
Adoption Date:
Effective Date:
EXHIBIT D
EXHIBIT E
ATTACHMENT 5
Notice of Claim Exhibits: Page No. 042
EXHIBIT F
EXHIBIT G
EXHIBIT H
County government's social media use shows public records violations | Government and politics | tucson.com
()
Some Pima County officials who use social media to communicate with constituents are blocking
users, deleting comments and failing to adequately maintain the exchanges as required by the
states public records law, a review shows.
For example, Supervisor Ally Miller did not provide documents that show critical comments were
deleted from her official Facebook account, which is funded by taxpayers.
When asked at a recent meeting why those records were not included among the information
provided to the Star under a public records request to the county, Miller was dismissive and denied
knowledge of any deleted comments. Im so glad we have such big issues, Miller said.
The Star requested social media records from the county after Administrator Chuck Huckelberry in
January told county elected officials that state records laws apply to social media communications.
The Star requested the records in an effort to identify deleted comments and the identities of
blocked or restricted users.
County government's social media use shows public records violations | Government and politics | tucson.com
Any Facebook or social media communication is a public record, just like an email, said Phoenixbased attorney Dan Barr, who has worked for the Star and handles First Amendment and public
records issues across Arizona.
He said the type of communication, whether its written or electronic, doesnt change its status as a
public record.
Failure to provide public documents opens a governmental body to lawsuits and potential civil
penalties.
For elected officials, general correspondence with the public typically have to be retained for two
calendar years. That includes written or digital communications.
What the content is determines the retention schedule, said Jerry Lucente-Kirkpatrick, a records
analyst with the Arizona Secretary of States Library, Archives and Public Records Division.
COUNTY DATA
When county officials fulfilled the Arizona Daily Stars request, the documents included lists of
blocked Facebook and Twitter accounts from the sheriffs, library, animal care, communications and
one comment that was deleted on the recorders Facebook page.
The Sheriffs Department provided a list of the accounts it had blocked from commenting on its social
media pages.
We do not delete comments from our Facebook account, Deputy Courtney Rodriguez said in a
follow-up interview. Persons banned from our account were found to have been in violation of our
Terms of Use. Each instance of these violations can be located and are maintained directly on the
platform.
Rodriguez said the department uses Facebooks hide function to prevent comments made in violation
of their terms of use invisible to the public.
Typically, violations include off-topic comments, offensive or threatening language or advertising.
Pima Animal Care Center also provided a list of numerous blocked users. PACC was unable to
provide the users deleted comments, however. I dont believe they were retained, Pima County
Notice of Claim Exhibits: Page No. 052
County government's social media use shows public records violations | Government and politics | tucson.com
County government's social media use shows public records violations | Government and politics | tucson.com
RECORDS RESPONSIBILITY
Modern social media platforms create challenges in retaining public records.
Facebook has no records management capability, said Lucente-Kirkpatrick, the state records
analyst.
In that case, the responsibility for maintaining the records ultimately lies with those who create them.
In May, Lucente-Kirkpatrick led a training session at Pima County on social media records retention
policies.
Attendees included representative from area governments, school districts and elected offices. A
representative from Supervisor Millers office also attended, a check-in sheet shows.
Some elected officials use software that sends an email of all their social media postings and
comments, Lucente-Kirkpatrick said. The emails then can be included on a governments servers and
archived.
No Pima County officials or departments currently use this type of software.
Despite the challenges in capturing the records, Barr said governments have a legal obligation to
retain social media records.
They cant just say Facebook doesnt do it, Barr said.
EXHIBIT I
Ally Miller aide linked to imitation news website; alter ego posing as reporter
Sponsored by
Skip to content
Breaking
Local
Nation/World
Border
Sports
Opinion
Arts
Login | Register
Entertainment
Search...
All Local Arizona Border Biz Crime Downtown Education Enviro Media Politics & Gov't Tech
Dylan Smith
TucsonSentinel.com
A communications aide for Pima County Supervisor Ally Miller has been linked to a pretend news
site whose "editor" is using a false name. Timothy DesJarlais, who is also running for the Marana
School Board, was apparently posting for the "Arizona Daily Herald" while being paid during
public meetings.
DesJarlais, a 19-year-old University of Arizona student who has frequently called himself "Jim
Falken" online, claimed Tuesday night that he was not behind the website. Although DesJarlais
said the site was "probably a prank" by a friend, he repeatedly refused to provide the name of the
supposed other person responsible.
Internet accounts connected to the "Herald" were scrubbed quickly after the interview, as were the
other accounts belonging to DesJarlais mentioned during our conversation.
Categories
news , politics & government , media & journalism,
local, arizona , breaking
Related stories
Exclusive: Ex-staffers say 'paranoid' Miller lies about
3
personal email use
County Attorney hands Miller email case to AG for
investigation
Comic: Great moments in politics: Miller & Nixon
9
Ally Miller's tales of enemies, real and imagined
Notice of
Exhibits:
Ally Miller may have broken
lawClaim
in ordering
staffPage
to No. 056
use personal email 'to be more secretive'
http://www.tucsonsentinel.com/local/report/051716_miller_herald/ally-miller-aide-linked-imitation-news-website-alter-ego-posing-as-reporter/[10/24/2016 6:14:33 PM]
Ally Miller aide linked to imitation news website; alter ego posing as reporter
A "Jim Falken" claimed to be the editor of the "Arizona Daily Herald," a purported news website,
and solicited comments via email on Miller's transportation plan from other candidates for the
Board of Supervisors, including Republicans John Winchester who is challenging Miller in the
primary and Steve Christy. The fictitious Falken also contacted sitting supervisors via email.
Miller did not respond to TucsonSentinel.com's request for her to comment on her employee's
apparent masquerading as a reporter.
DesJarlais, a Republican who lives on the Northwest Side near Thornydale and Magee, is also one
of the organizers gathering signatures for an initiative that would change Tucson's elections to
ward-only.
Related documents
DesJarlais 'confession' to Ally Miller
Ally Miller aide linked to imitation news website; alter ego posing as reporter
Yes!
Like what you're reading? Support high-quality local journalism and help underwrite
independent news without the spin.
DesJarlais was interviewed via phone Tuesday night, in a conversation filled with long pauses
before he responded.
He said first that he did not know what the "Arizona Daily Herald" was, and that he had not
registered that domain name.
"Oooh, I think I know what's going on here .... somebody is impersonating me," he said when
pressed about the website and the connections to his online identity. "That's what's happening."
He then said that one of his friends had been "talking about politics and becoming a reporter" and
had mentioned creating "his own news website."
"Oh, I wouldn't want to disclose that person's identity to a newspaper," he said when asked who
that friend might be.
When asked if the friend who he said he suspected of playing a prank on him could call me to
substantiate that claim as DesJarlais refused to provide a name the Miller aide asked for my
phone number (despite having already returned my calls several times in a game of phone tag)
and wrote it down, saying he would give it to the friend.
$5,000 Newshound
$2,500 Copy desk chief
$1,000 Trusted source
$500 Correspondent
$250 Stringer
$100 Cub reporter
$50 Printer's Devil
$25 Informed Source
$10 Dear Reader
Enter your own amount (below)
He said that his alter ego wasn't common knowledge among his friends, but that "one of them
http://www.tucsonsentinel.com/local/report/051716_miller_herald/ally-miller-aide-linked-imitation-news-website-alter-ego-posing-as-reporter/[10/24/2016 6:14:33 PM]
of amount
Claim Exhibits:
Enter your ownNotice
monthly
(numberPage
only) No. 058
Ally Miller aide linked to imitation news website; alter ego posing as reporter
might have heard of it."
Websites scrubbed
Just moments after he was interviewed by me, the azdailyherald.com website was taken offline, as
was the Facebook page set up for the sham news outlet. Another website that DesJarlais
acknowledged was his was also immediately removed from the Internet, and a video he posted
posing as Falken was removed from public view. Other online postings that linked him with the
Falken persona were also quickly culled.
Tucson weather
Weather data not available
Thanks to our donors and sponsors for their support of local independent reporting.
Join Sondra Bettersworth, Sonoita Networking, and Steve Alley and contribute
today!
Sponsored by
*
First Name
Last Name
Subscribe
Sponsored by
Earlier, a photograph posted on the "Herald" Facebook page Tuesday showed that day's Board of
Supervisors meeting from the vantage point of the seats occupied by DesJarlais and another Miller
aide during the meeting. That posting was removed Tuesday afternoon.
District 4 Supervisor Ray Carroll, with whom Miller has repeatedly clashed despite their both
being Republicans, and others present at the meeting noted that DesJarlais was sitting with
Miller's executive assistant, Sherry Potter, throughout the meeting, and that the two were passing
http://www.tucsonsentinel.com/local/report/051716_miller_herald/ally-miller-aide-linked-imitation-news-website-alter-ego-posing-as-reporter/[10/24/2016 6:14:33 PM]
Ally Miller aide linked to imitation news website; alter ego posing as reporter
a smartphone back and forth.
DesJarlais acknowledged taking a photograph during the supervisors' meeting.
"Was that taken down?," he said quickly when initially asked about the photo. "Do you have a
screenshot of it?"
After a pause, he said, "Yeah, I heard something earlier about a photo... but I don't really know
anything about that."
He then said that he had taken a photo on his phone during the meeting.
Sponsored by
He said he "sent it to my friend. He asked where I was and I texted it to him." DesJarlais said he
did not post it on the "Herald" Facebook page.
Sponsored by
Ally Miller aide linked to imitation news website; alter ego posing as reporter
The supposed editor of the sockpuppet website, Falken, messaged Pima County staff May 12,
asking to be added to a distribution list for press releases, saying, "I am the editor of newly
founded paper (sic)."
Sponsorships available
Support TucsonSentinel.com & let thousands of daily readers know
your business cares about creating a HEALTHIER, MORE INFORMED Tucson
Falken also asked to be added to the email lists of other supervisors last week, including Ramn
Valadez, Richard Elas and Ray Carroll.
Internet records show that the azdailyherald.com domain was registered on May 7, with that
registration updated on May 12, but the identity of the person behind the site was hidden from
http://www.tucsonsentinel.com/local/report/051716_miller_herald/ally-miller-aide-linked-imitation-news-website-alter-ego-posing-as-reporter/[10/24/2016 6:14:33 PM]
Ally Miller aide linked to imitation news website; alter ego posing as reporter
public view by the registrant.
Falken sent emails to various political candidates on Sunday, asking for comment on Miller's road
plan, including Winchester, Christy and Marla Closen, a Republican who has been allied with Miller
who, like Christy, is seeking to fill Carroll's seat.
'Deceptive'
Making up a country is fine for a hobby, but journalism experts raise their eyebrows when a
government employee conjures up a purported news site.
Ally Miller aide linked to imitation news website; alter ego posing as reporter
Thanks to our donors and sponsors for their support of local independent reporting.
Join Jennifer Simmons, George Frantziskonis, and Jo Ann Swingle and contribute
today!
"If he's creating a website and trying to hide his identity, while he's promoting an elected official
whom he's beholden to ... that's deceptive," said David Cuillier, the director of the University of
Arizona School of Journalism.
"If that's the case, he's not acting as a journalist," said Cuillier, the former head of the national
Society of Professional Journalists, which sets the ethical standards for the industry. "People have
a hard enough time deciding who to trust."
"We have a long history of people expressing themselves under pseudonyms," Cuillier said, "but
he's not being a journalist he's not independent if he's doing this for his boss."
Falken's online biography claimed that he studied
journalism at the UA.
Winchester, who's challenging Miller in the GOP
primary in District 1, said he was "not surprised" by
the evident connections between DesJarlais and the
impersonation of a reporter.
"The Miller camp has already taken actions like
threatening my volunteers and making false
accusations against me to the Attorney General's
Office, but this is a new low," he said Tuesday night.
Winchester is among the candidates who was emailed
by Falken, asking for responses to questions about
Miller's outline for a road repair plan.
That email, sent Sunday, asked in part, "do you agree
with Supervisor Miller's solution or do you have your own solution to fix Pima County roads, and
if so, what would that be?" It was signed with Falken's name, styling him as "Senior Reporter/Chief
Editor," and sent from editor@azdailyherald.com.
Ally Miller aide linked to imitation news website; alter ego posing as reporter
While it's not clear why a Miller staffer would set up a fake news website, Facebook page and
Twitter account, there also appears to be no motivation for a supposed friend of DesJarlais to
concoct the web of accounts. The website was taken down before any posts were apparently ever
made on it, one of the only posts on the Facebook page was deleted Tuesday afternoon, and the
"Herald" tweets were deleted directly after our interview.
Winchester and Carroll said the evidence points to the
Miller camp attempting to "catfish" political
opponents, but they were caught out.
A worked-up Carroll said, "You've got a fake reporter,
saying he's working for a fake newspaper."
"They're trying to distract the public from the
manipulation that's going on with the Republican
primary," said Carroll, who announced earlier this
year he wouldn't seek another term.
Winchester said he considered the situation to be
"using taxpayer-paid county employees to create an
elaborate scheme, pretending to be a journalist for
the purposes of deceitfully getting information
regarding my campaign. This is just the latest in a long line of bizarre Ally antics, such as
pretending to fall into a pothole, (and) calling 911 on real reporters."
Read all 4
+1
-1 +2
+1
*a long
Mazefaze
3 comments
-0 +1
(auto-correct fail)
+1
-1 +5
Dylan,
http://www.tucsonsentinel.com/local/report/051716_miller_herald/ally-miller-aide-linked-imitation-news-website-alter-ego-posing-as-reporter/[10/24/2016 6:14:33 PM]
Ally Miller aide linked to imitation news website; alter ego posing as reporter
Mazefaze
3 comments
Terms of Service
Front Page
Breaking
Privacy Policy
Local
Become a Sponsor
Nation/World
Border
Donate
Sports
Write for us
Opinion
2009-2016TucsonSentinel.com
Arts
Music
Hosting by
Design by Context Designworks
EXHIBIT J
American Atheists | Atheists Reach $41,000 Settlement with Tennessee Co... http://news.atheists.org/2016/08/11/atheists-reach-41000-settlement-with-...
1 of 3
Home
My Account
Search
ABOUT US
ACTIVISM
LEGAL
COMMUNITY
SHOP
BECOME A MEMBER
DONATE
Press Releases
Announcements
Blog Posts
Media Appearances
Press Packet
Archives
August 2016
July 2016
Chattanooga, TNAmerican Atheists and Bradley County and the Bradley County Sheriffs Office have reached a
settlement in a federal lawsuit alleging First Amendment violations of the U.S. Constitution by Bradley County and
Bradley County Sheriff Eric Watson.
As part of settlement agreement, the new official Bradley County Sheriffs Department Facebook page will not be used
to promote or further any religion, religious organization, religious event or religious belief. Additionally, the sheriffs
office has decided to not allow any comments on this Facebook page, making it an informational Facebook page only.
The offices original Facebook page was deactivated earlier this year and will be permanently deactivated.
While the county and sheriff admit to no wrongdoing under the agreement, the county will pay a total of $15,000 in
damages to American Atheists and the local plaintiffs, Joshua Stevens and Jane Doe, and $26,000 in attorneys fees.
Plaintiffs were represented by attorney Perry Craft of Nashville.
June 2016
May 2016
March 2016
February 2016
January 2016
December 2015
November 2015
September 2015
August 2015
July 2015
This settlement is a clear win for the plaintiffs, whose First Amendment rights to free speech and to be free of
government establishment of religion were infringed upon, said Amanda Knief, National Legal and Public Policy
Director of American Atheists. We are pleased the sheriff has agreed to do the right thing by no longer using this official
government social media account to promote religion.
What is unfortunate, is that it took a lawsuit and more than $40,000 in taxpayer money for the county and sheriff to
put this common sense policy in place, Knief said. We would have preferred that the sheriff allow citizens the
freedom to comment and interact with the sheriffs office on the Facebook page, but we were not able to reach
agreement on that during mediation.
The anonymous Bradley County resident represented by American Atheists added, I have always said that
Constitutional rights are worth fighting for, and I am proud that when tested, I stood by that principle. It was not easy
June 2015
to stand up to the county sheriff and some people in my community who disagreed with me. Despite some negative
backlash, I do not regret taking action against government censorship. If you dont stand up for yourself, you risk
May 2015
April 2015
March 2015
Sheriff Watson will be allowed to maintain a personal Facebook page that is clearly marked as containing only his
personal opinions and not those of the department.
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
The lawsuit arose in May after Sheriff Watson posted an explicitly religious Easter message on the sheriffs offices
official Facebook page. American Atheists sent a letter to the sheriff advising against such religious messages on a
government-sponsored social media site. The sheriff responded by telling a local newspaper that he intended to use his
position as sheriff to proselytize. After posting the local newspaper article on the sheriffs offices Facebook page,
commenters began criticizing the sheriffs statements. The sheriff and employees of the sheriffs department began
deleting and blocking critical comments and users who were critical of the sheriff while leaving favorable comments on
the governmental Facebook page.
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
10/18/2016 5:04 PM
American Atheists | Atheists Reach $41,000 Settlement with Tennessee Co... http://news.atheists.org/2016/08/11/atheists-reach-41000-settlement-with-...
2 of 3
December 2012
November 2012
78 Comments
1
Login
October 2012
Recommend 4
Recent Posts
Share
Sort by Best
Man I love this stuff! Shame tax $ were wasted. The sheriff should have had
to pay out of his own pocket. We are suing Levy County Fla. over 10 Comm.
monument on courthouse lawn. Hope we win.
Reply Share
21
I hope so too!
Reply Share
fjpor 2 months ago
13
I'd expect this type of thing from a police officer in a country with Sharia law,
but I bet this sheriff can't even see the parallel.
Reply Share
10
Reply Share
Reply Share
Reply Share
You can bet that the Bradley County sheriff will not be treating Atheist with
respect now. This isn't a behavior that is solved by a lawsuit. He needs to be
removed.
2
Reply Share
I agree with other posters. It wasn't the Sheriff's Office or the taxpayers that
violated the Constitution, it was this jerkwad himself. He should have had
that settlement deducted from his pay. I know the Sheriff's Office probably
has a contractural stipulation that the Sheriff will be held harmless, meaning
the Sheriff's Office will shoulder costs and liabilities for damages and lawsuits
incurred in the course of his duties, but stomping all over citizens' rights was
NOT in the course of his duties.
1
Reply Share
It's a shame that much tax money had to go to this cause, but I definitely
wouldn't say it was wasted. Defending constitutional law and upholding
citizens' rights is a great use of taxes in my opinion. I would love for it not to
have to be used for that purpose, but honestly, I think a lot more money
should be devoted to holding the people who do not follow the law of
Notice of Claim Exhibits: Page No. 068
10/18/2016 5:04 PM
American Atheists | Atheists Reach $41,000 Settlement with Tennessee Co... http://news.atheists.org/2016/08/11/atheists-reach-41000-settlement-with-...
3 of 3
Quick Links
Membership
Home
Donate
Follow Us
10/18/2016 5:04 PM
EXHIBIT K
image/svg+xml
MAGAZINE
EVENTS
PAPERS
TOPICS
SOCIAL
After the mayor refused to turn over all of the interactions she had on Facebook, a resident sued her
for what she claimed was a denial to share public information: The matter will be decided in court.
BY TARA MELTON, ALAMOGORDO DAILY NEWS, N.M. / JUNE 2, 2016
FLICKR/MAGICCATWORK
(TNS)--The city of Alamogordo will head back to court after failing to agree on the proposed
monetary settlement over former Mayor Susie Galea's Facebook page.
In April, Galea and the city of Alamogordo were found in violation of New Mexico's Inspection of
Public Records Act after 12th Judicial District Judge Jerry H. Ritter Jr. ruled that Galea's
Facebook page was subject to inspection requests under the state's records act. According to 12th
Judicial District records, Wendy Irby filed a public records request with the city of Alamogordo
to inspect a Facebook page established by Galea, who was Mayor of Alamogordo at the time, and
the city denied her request.
Ritter concluded that Irby is entitled to a summary judgement including a finding that the
Mayor's Facebook page is a public document subject to inspection and disclosure, and that the
city's refusal of Irby's request is wrongful. The summary judgement also granted Irby an award
Notice of Claim Exhibits: Page No. 071
RELATED
Are Politicians
Facebook Comments
Public Record?
Michigan Bill Seeks
FOIA Exemption for
Energy Infrastructure,
Cybersecurity
In Dunn's proposed settlement to the City, he gave recent examples of restricting First
Amendment rights in Roswell and Albuquerque. Dunn said in 2014, the city of Roswell settled
the First Amendment claims of two individuals for $97,000 for restricting their First
Amendment right to preach on public sidewalks. Dunn also said in 2013, the city of Albuquerque
settled a case involving the prohibiting of public speech at a police oversight meeting of four
individuals by paying each of them $14,000.
City Attorney Stephen Thies met with commissioners in executive session on May 24 to discuss
the settlement and responded to Dunn on May 25 that the City could not agree to the proposed
settlement terms.
"The $20,000 was honestly, as is my firm's bill, negotiable," Dunn said. "I'm not in this to break
the City or do anything like that and neither is Ms. Irby. We just want to be fairly compensated
and all they had to do was make a counteroffer. Instead of making a counteroffer and saying we'll
pay you so much on fees and so much for the infringement on speech and getting the City out
cheaper, they said no we're going to fight this out so let's go to trial."
Thies, who said he shouldn't comment on the case, said they will now go back to court and a
judge will make the determination on the settlement. Thies said the City has not turned over
Galea's Facebook page and are waiting on the judge to sign the order before they do so.
"I believe the order provided that we had a certain amount of days in which to turn the contents
over," Thies said. "There's a provision where if we want to submit it to the judge, we have that
Notice of Claim Exhibits: Page No. 072
ability to submit the contents of the page to him and he'll review the contents and then make a
decision on if there's any private information that should be withheld."
Thies said he would like to move on and address other issues but if the City can't agree on the
amount of attorney's fees and damages, they are not going to just write a check.
"We want our governments to be transparent," Dunn said. "When they won't or they don't and
we have to file a lawsuit like this, don't make it worse by after you lose continuing to waste more
money continuing to fight when you screwed up. I think that's the biggest problem with what the
city of Alamogordo is doing is instead of owning they were wrong, they want to continue to fight
forward and don't have any regard for the fact that they violated the law and should pay for it."
2016 the Alamogordo Daily News (Alamogordo, N.M.)Distributed by Tribune Content
Agency, LLC.
RELATED
0 COMMENTS
EXHIBIT L
Man Successfully Sues San Diego After Sheriff's Department Censors Facebook Posts
Navigation Menu
News
Man Successfully Sues San Diego After Sheriff's Department Censors Facebook Posts
Nick Bernabe
February 25, 2015
(ANTIMEDIA) San Diego, CA Dimitrios Karras filed a
lawsuit against the County of San Diego after the
Sheriffs department censored his comments from
their Facebook page. Last week, it was announced that
Karras settled the lawsuit with the city for $23,000 in
legal fees and a symbolic $20.
Man Successfully Sues San Diego After Sheriff's Department Censors Facebook Posts
Subscribe
Man Successfully Sues San Diego After Sheriff's Department Censors Facebook Posts
Man Successfully Sues San Diego After Sheriff's Department Censors Facebook Posts
Trending Today
17 Celebrity
Car
Collections Prepare To Be
Appalled
Ever
Wondered
Why Hillary
Doesn't Talk
About Her
Daughter?
Here's Why
Sponsored by Revcontent
How To
Remove Aging
Eye Bags &
Wrinkles In 2
Minutes (No
Surgery!)
Men: You
Don't Need
20 Family
Photos That
Notice of Claim Exhibits: Page No. 079
EXHIBIT M
HPD Ordered to Pay $31K over Censored Facebook Comments > Hawaii...
1 of 7
http://www.hawaiifreepress.com/ArticlesMain/tabid/56/ID/12959/HPD-...
Front Page
Search Articles
Web
Site
Search
About HFP
LINKS:
TEXT "follow
HawaiiFreePress" to
40404
by Andrew Walden
After two years of litigation, a Honolulu Federal Court is ordering the Honolulu Police
Department to pay $31K in attorneys fees to Second Amendment activists who sued alleging
First Amendment violations after the HPD allegedly removed plaintiffs Facebook comments
from an HPD Facebook page.
Here is the background and an excerpt from the Court order:
Today in the Federal District Court of Hawaii, the Hawaii Defense Foundation has
filed a lawsuit for violations of the First Amendment. The Defendants in this case
are the City and County of Honolulu and a Honolulu Police Officer, Capt. Andrew
Lum.
The complaint filed in the United States District Court by attorneys Richard
Holcomb, Alan Beck, and Brian Brazier alleges that the Honolulu Police unlawfully
administer their Facebook Fan page in violation of American citizens right to free
speech. The complaint asserts that the Honolulu police arbitrarily moderate the
page by deleting comments and banning users who post or make comments
unfavorable to the department. The complaint further asserts that online speech
is just as important as a citizen airing their grievance in a public park just
because the speech is virtual, doesnt mean it is not protected.
II. BACKGROUND
On August 21, 2012, Plaintiffs filed this action against Defendants City and
County of Honolulu (the City) and Andrew Lum (collectively, Defendants)
alleging violations of the First and Fourteenth Amendments when Plaintiffs posts
to the Honolulu Police Departments social media page on Facebook.com were
removed and Plaintiffs were blocked from making further posts. Doc. No. 1,
Compl. at 1, 11-13. That same day, Plaintiffs also filed a Motion for Temporary
Restraining Order and a Motion for Preliminary Injunction, which sought to
restore Plaintiffs deleted posts, permit Plaintiffs to post to the HPDs page, and
prohibit Defendants from banning people or removing posts based on political
content.
Following several status conferences, Defendants agreed to develop a policy,
through negotiations with Plaintiffs proxy, the American Civil Liberties Union,
governing public posting on HPDs Facebook page. Accordingly, the court deemed
the Motions for Temporary Restraining Order and Preliminary Injunction moot.
Thereafter, the parties engaged in settlement negotiations, reaching an
agreement in principle by January 2013, but failing to resolve the form of
dismissal documents and issues regarding payment of Plaintiffs attorneys fees
and costs.
On October 23, 2013, Plaintiffs filed a Motion for Summary Judgment and
Defendants filed a Motion for Judgment on the Pleadings as to claims against
Defendant Andrew Lum. On January 16, 2014, the parties reached a settlement
on all issues except payment of Plaintiffs attorneys fees and the pending motions
were terminated.
On January 21, 2014, the parties filed a Stipulation dismissing all claims, but
acknowledging Plaintiffs right to file a subsequent motion for attorneys fees. The
underlying Motion for Attorneys Fees followed, in which Plaintiffs sought an
award of $64,690.29. After the F&R recommended that Plaintiffs be awarded
attorneys fees of $22,064.39, Plaintiffs filed their Objections on May 5, 2014 and
an Errata on May 6, 2014. Defendants filed a Response on May 21, 2014, and
Plaintiffs filed a Reply on May 27, 2014. Pursuant to Local Rule 7.2(d), the court
finds this matter suitable for disposition without a hearing.
Register to Vote
2aHawaii
808 Silent Majority
808 State Update
AM940
ABCDEFG Blog
ACA Signups Hawaii
ALEC
Alliance Defending
Freedom
ARCHIVES:
HawaiiFreePress
TWITTER
HawaiiFreePress
ARCHIVES: Daily
News Read
Aloha Conservative
Alliance
Aloha Life Advocates
Aloha Pregnancy Care
Center
American Council of
Trustees and Alumni
American Mothers of
Hawaii
AMVETS-Hawaii
Angelaisms
AntiPlanner
Antonio Gramsci
Reading List
A'ole Eradication
A Place for Women in
Waipio
Atomic Monkey
Ballotpedia Hawaii
Better Hawaii
Broken Trust
CAFR Hawaii
Castaway
Conservative
Children's Alliance
Hawaii
Children's Rights
Institute
8/16/2016 10:59 AM