TUCSON MAYOR AND COUNCIL TRANSCRIPT SEPTEMBER 20, 2011

Mayor Walkup: Roy Warden Roy Warden: Good evening, Mayor and Council, Roy Warden, Tucson Arizona. Im quite delighted that tonight weve gone a long way into clarifying the issues that separate us because it will make it much easier for a judicial determination over in Superior Court and one following that in Federal Court. I want to complete the comments I was going to make last week, Im going to complete tonight, try to complete. We had a young lady up here, that read a chapter from a book, thats OK, I have no complaint about that. Im going to read some very specific language from Arizona Case Law, the standards regarding emotional distress, and the specific language that was used regarding the conduct of a particular member thats in this room here. Now, you folks expect the public to treat you with decorum and respect, and so forth and so on. Lawful behavior. We expect the same of you. Regarding behavior; part of this is subjective. Opinion, and so forth and so on. However. Mr. Miranda here, was the subject of a law suit. And two other public officials. He went before a jury in 2006. They listened to 17 days of testimony.

And then they rendered their verdict. And before that verdict was read, or, or rendered, the jury had to consider this, regarding the conduct of Richard Miranda: If they were to reach a verdict on emotional damages, which they did, they had to find that Mr. Mirandas acts were so outrageous in character and so extreme in degree as to go beyond all possible bounds of decency, and to be regarded as atrocious and utterly intolerable in a civilized community. Thats law. Those are the legal standards that jury had to consider before they rendered a verdict on emotional damages and held him and two other public officials liable for $500.000.00 in that particular aspect of the case, of the verdict, in emotional damages. Outrageous conduct. Utterly intolerable in a civilized community. Thats the type of behavior he engaged in. Thats the type of behavior that the jury found he engaged in, and Im sure he didnt raise his voice when he did the things he did. Im sure he was quite calm about it. And youre looking at the clock Mr. Mayor. I will be done. You got to ask yourself this: If the public has expectations, ah, of government, how can you justify your employment of Mr. Miranda when citizens of this community have rendered such a verdict? Ill be back next week. Mayor Walkup: I must warn you: that is precisely what the, the rules prohibit, is the repetitive, personal assaults. So, I want you to recognize it.

And, Im giving you a fair warning. That I consider that to be a violation of our rules. Everybody gets a bite, tonight, but next week I would like you to stick to our rules. And with that is the end of Call to the Audience Roy Warden, Publisher Arizona Common Sense 1015 W. Prince Road #131-182 Tucson Arizona 85705 roywarden@hotmail.com