First Notice of Demand

Maladministration, Malfeasance, and Malconduct Regarding Deployment of 5G Cell Towers in Tucson and Unlawful Reliance upon Opinions of Attorneys

 Notice to Agent is Notice to Principal and Notice to Principal is Notice to Agent

I, __, one of the People of the Arizona Constitution Article 2 Section 2, do come to you reminding you of your Oath of office and your duty to the residents who elected you as trust indentured servants, to whom you solely owe your allegiance; 

Please take note that, by your Oath of office as County Attorney, you are: 1. Required to follow the Arizona Constitution in both word and intent; 2. In danger of maladministration if you unlawfully choose to violate your Oath of office in following or condoning unconstitutional, discriminating opinions given by any entity. Anyone offering you an opinion for reimbursement, employment, or free, without compensation, is required to only offer opinions that align with the Arizona Constitution and will not discriminate against, or in any way violate, the will of the People. You may not delegate to others what is your own responsibility as County Attorney. Any unlawful delegation is maladministration;

Arizona Constitution Article 2 Section 7: Oaths and Affirmations

“The mode of administering an oath, or affirmation, shall be such as shall be most consistent with and binding upon the conscience of the person to whom such oath, or affirmation, may be administered.”

Arizona Constitution Article 2 Section 32: Constitutional Provisions Mandatory

“The provisions of this Constitution are mandatory, unless by express words they are declared to be otherwise.”

Maxim of Law 11a. A delegated power cannot be again delegated. 2 Inst. 597; Black's, 2d. 347; 2 Bouv. Inst. n. 1300. A deputy cannot have (or appoint) a deputy. Story, Ag. s. 13; 9 Coke, 77; 2 Bouv. Inst. n. 1936

Please take note that the powers and duties of the County Attorney are indicated in ARS 11-532, “Powers and duties; definition.”  Within those duties is the requirement to institute proceedings before magistrates, grand juries, and superior courts. It is the requirement for the County Attorney to “Draw indictments and informations.” It is also required that the County Attorney give written opinions concerning the duties of offices of elected county servants;

[ARS 11-532. Powers and duties; definition. (A), (B)]

[A. The county attorney is the public prosecutor of the county and shall:

1. Attend the superior and other courts within the county and conduct, on behalf of the state, all prosecutions for public offenses.

2. Institute proceedings before magistrates for the arrest of persons charged with or reasonably suspected of public offenses when the county attorney has information that the offenses have           been committed.

3. If not engaged in criminal proceedings in the superior court, attend on the magistrates in cases of arrest if required by them, and attend before and give advice to the grand jury.

4. Draw indictments and informations, defend actions brought against the county and prosecute actions to recover recognizances forfeited in courts of record and actions for recovery of debts,         fines, penalties and forfeitures accruing to the state or county….

7. When required, give a written opinion to county officers on matters relating to the duties of their offices.

8. Keep a register of official business, and enter in the register every action prosecuted, criminal or civil, and of the proceedings of the action.

9. Act as the legal advisor to the board of supervisors, attend its meetings and oppose claims against the county that the county attorney deems unjust or illegal….

12. Defend all locally valued and assessed property tax appeals as provided in section 42-16208.

B. On receipt of an appellant's brief in a criminal appeal, the county attorney shall furnish the attorney general with a true statement of the facts in the case, together with the available authorities and citations that are responsive to the assignments or specifications of error.]

Please take note that, as the County Attorney, your first obligation is to those in the county who elected you as a servant of the People. In that capacity, you are to represent the People against maladministration in any form within the county. This would include maladministration and malfeasance on the part of any person, commercial entity, Mayor, City Council, Bar Association member, or other special interest group functioning within your county. In representing the People, you are to consider their best interests over the special interest groups that may pressure you to make opposing decisions;

Please take note that the Tucson City Attorney is a private Bar Association Member employed by the City of Tucson who is not elected by We, the People, and whose first interest and allegiance is to that Bar Association rather than the Arizona Constitution.  The City Attorney has the power to “give his advice or opinion in writing, whenever requested so to do by the mayor and council, or any officer of the city” (Tucson, AZ Code of Ordinances, Chapter X, Section 4).  The City Attorney is not delegated or allowed to express opinions upon which the Mayor and City Council will arbitrarily act.

Please take note that the Tucson City Attorney is unlawfully influencing the Tucson Mayor and City Council regarding small Wireless Telecommunications Facilities (sWTFs), discriminating against the will of the People and violating the necessary best interests of the community. The Tucson Mayor and City Council have bowed to opinions and misinformation from the City Attorney. Misinformation from Bar Association members is neither constitutionally nor legislatively sanctioned information upon which the Mayor and City Council may formulate decisions concerning the wellbeing of the residents of Tucson and Pima County, whom you have sworn to protect;

Maxim of Law 105d. Law hates wrong. Wing. Max. p. 563, max. 146; Finch, Law, b.1, c. 3, no. 62.

Maxim of Law 105f. Wherever there is a wrong, there damage follows. 10 Coke, 116.

Please take note that We, the People, require you, the Pima County Attorney, to refer to the uncontested Notices and Affidavits served to the Tucson Mayor and City Council by Tucson residents. Since March 2022, four different notices signed by over 1,500 People across the county, state and country have been served to educate them on the Arizona Constitution and State Statutes related to the sWTFs. In addition, as of March 30, 2023, 394 unchallenged Affidavits signed by residents across the county and state have been served to the Tucson Mayor and City Council identifying maladministration, malfeasance, and nonfeasance. You will find the advice from the above-mentioned private Bar Association attorney was not only incorrect, but fully unlawful, ultra vires, beyond legal authority or power.

Copies of the Notices and Affidavit served to the Tucson City Council and Mayor since March 2022 and the full list of the 394 People who signed the Affidavit (as of January 2023 and all part of public record) were emailed to you on April 7, 2023. You, the County Attorney, will find that the Tucson Mayor and City Council, as trust indentured servants, have violated the State Constitution and the clear direction of State Statutes, as well as violating the People’s expressed will and the sworn oath of their offices;

Maxim of Law 51b. The government is to be subject to the law, for the law makes the government. C.L.M.

We, the People, now demand that further unlawful, unconstitutional activities cease immediately. Please note that you have 5 days to respond and indicate how you will begin to correct the actions of the Tucson Mayor and City Council. If you disagree with any claims found herein, you must respond with an affidavit, on penalty of perjury, answering each claim, point by point. You agree that if you do not respond, you are acquiescing to your part in violating the Constitution you swore to uphold. No court of record will be able to hear the matters herein that you agree are true by lack of response. 

This Notice is sent to you in peace and love, so you may provide due care to those who have all political power, the People.

     ____                                                ____

     Autograph (sign your name)               Date

Sample Affidavit (of 394) Served to Tucson City Council & Mayor