South Tucson's El Independiente, 1981-12-11

              South Tucson's
EI Independ lente
Pboto by sobeta TubO
Yolanda O. Mesa, of the city's accounting department is being laid off in a move
designed to lift the city of out its current financial crisis.
City part of new district
including Phoenix voters
The new Republican redistricting bill
passed by the state Legislature Dec. 7,
molds the city of South Tucson into the new
second congressional district extending
into Phoenix.
But, Luis A. Gonzales, D-Tucson, said
South Tucson's interests would be
protected under the new plan.
"In terms of congressional plans, their
status would probably be enhanced
because of more representation," Gon-zales
said. "1f there are any changes, I
think they will be minor ones."
Gonzales said District tO, which he
representa, and which includes South
Tucson, will be "preserved very well in
terms of minority votes."
Disagreeing with Goy. Bruce E. Babbitt
$3.6 million ¡s studied
Court reviews appeal to reverse officer's judgement
Uy SAM STANTON
The Arizona Court of Appeals has under study a
request from the city to reverse a $3.59 million
judgment awarded to a Tucson police officer after he
was accidentally shot three years ago by a South
Tucson officer during a disturbance.
Attorney William G. Walker presented argumenta
Dec. 9 why the city should not have to pay Julian Roy
Garcia anything other than workman's compensation
for his injuries.
Garcia was partially paralyzed after he was shot by
South Tucson Officer David Novotny during the Oc-tober
1978 siege of a house where a man had
barricaded himself with a shotgun.
Noyotny was cleared of any wrongdoing in the
shooting but a Pima County Superior Court jury ruled
that South Tucson was negligent in the case.
Walker told the three judges hearing the appeal that
because Garcia answered the disturbance call under
terms of a mutual aid agreement between the two
and other Democratic representatives,
Gonzales said he did not believe the bill
violated the Voting Rights Act.
The plan brings together Democratic
voters from two large urban centers,
Maricopa and Pima counties, that have
large minority populations, so it doesn't
violate the federal requirements that
"communities of interest" not be divided,
Gonzales said.
Gonzales said federal guidelines
governing voting and election procedures
act as a safeguard protecting minority
interests.
"Once an election change io passed by
any governing bedy it has to be submitted
to the U.S. Department of Justice for
approval," Gonzales said
Gonzales said he regretted the fact that
(Csntinued on Page 2)
By UREZ JENNINGS
Residents of South Tucson will have
adequate fire and police protection,
despite a City Council decision to reduce
the city work force by 15 percent, ac-cording
to Mayor Dan W. Eckstrom
The council voted Dec. 4 to eliminate t4
city jobs, and reduce six other full-time
positions to part-time in an attempt to
balance the city budget. The layoffs
became official loday
The cuts, which will save the city bet-ween
$12,000 and $20,000, also entail
elimination of employee medical and
dental insurance benefits. Employees will
now have to pay $65 a month to obtain
coverage.
"It (the decision) was an option we had
to take. The fact is there is a recession
going on. Revenues are not coming in as
quickly as money is going out," Eckstrom
said.
"We still feel they (residents of South
Tucson) will be protected," he said.
Police, fire, public works, city ad-ministration
and community-development
positions were areas facing personnel
layoffs, said City Manager Richard U.
Kaffenberger.
Council members deliberated for almost
an hour in closed session while they
decided which of the city's 100 employees
would lese their jobs
Three full-time police postions will be
eliminated and one position cut back to
part-time status. The Tucson fire
department will lose three part-time
workers and Iwo full-time positions will be
reduced to part-time.
In addition, one full-time employee will
be laid off, and one other full-time position
reduced to part-time in the Community
Development office, while the Public
Works office faces loss of four full-time
workers and one position reduced to part-time.
cities, he was legally an employee of South Tucson and
should only be awarded worker's compensation.
He cited the Fireman's Rule, a policy that states that
someone called lo the scene of an emergency cannot
sue the creator of the emergency if he is injured, and
said Garcia had no right to sue the city.
Walker also said Judge Gilbert Veliz, who presided
over the original suit, had failed to instruct the jury
properly in the case. He said Veliz should have told the
jury that Garcia underslood the dangers involved
when he answered the distress call, and that by un-derstanding
the dangers and continuing to remain at
the scene he gave hin consent to face any injuries he
might receive.
Walker said Garcia, a dog handler for the Tucson
force, knew there could be shooting and that someone
might be injured.
"He knows, as a police officer, that there are very
of ten gun battles between police officers and people
holed up in a house," Walker said.
James G. Heekhert, Garcia's attorney, said his
client did not know that officers were planning to rush
Fire, police services
sufficient despite
cuts, Eckstrom says
The city administration will be reduced
by three full-time positions, with another
full-time position cut back to part time.
Twelve city vehicles, including city
cars, five police cars and one fire
deportment car, will be returned to
leasing companies, pending consultation
with the leasing company, Kaffenberger
said.
Eckstrom said the city will survive its
current economic uo.s, despite reports
that the city faces bankruptcy if it loses a
civil judgment that was appealed in the
See Editorial
Page 7
Arizona Court of Appeals Dec. 9.
In 1t78, South Tucson was ordered to pay
$3.59 million to Julian Roy Garcia, a
Tucson police officer. Garcia was
paralyzed from the waist down after a gun
battle between a South Tucson resident
and Tucson and South Tucson police.
Kaffenberger has confirmed reports he
met with a local attorney who specializes
in bankruptcy law.
"I don't have a crystal ball. It (the
bankruptcy report) is something the press
has put together and it's been pursued by
people who stand to gain something from
South Tucson," Eckstrom said.
Although he could not predict the
ultimate affects of cutbacks in city ser-vices
caused by the layoffs, Eckstrom said
the residents of South Tucson would be
supportive.
"I think the residents of South Tucson
will understand. We had to do it, and I
think they'll understand," he said.
the house, and said Garcia "did not eves have his gun
drawn, he did not know what the plan was going to be.
Neither did he consent to be shot in the back."
Heckbert said Garcia deserved more than work-man's
compensation because he was not a South
Tucson police officer. He nd the "mutual aid
agreement does nothing more than hase two in-dependent
contractors come together," and that
because Garica was not an employee of the city he had
the right lo sue.
Throughout Walker's arguments, Judge Lawrence
Howard questïoned his interpretation of case law.
Walker said he did not know how Howard's
arguments would affect the decision, but said he would
ask for reconsideration of the case if the judges ruled
against the city.
1f that fails, Walker said he would take the case to
the Arizona Supreme Court.
Heckbert said he did not know when a decision would
be made. It "could be a matter of weeks, could be a
matter of days. It could be a matter of months," he
said.
Vol. VI No. O Published by he Journalism Department of The University of Arizona December II, 1981