Move may void peak name change
By Howard Fischer, Capitol Media Services
The former chairman of the state Board of Geographic and Historic Names is challenging the legality of the last meeting a move that, if successful, will void the decision to rename Squaw Peak in honor of a U.S. soldier.

Tim Norton, who is still a member of the board, told Capitol Media Services on Tuesday that the vote to rechristen the mountain Piestewa Peak was taken in violation of the boards bylaws.

That provision, which has been in the bylaws for at least four years, spells out that the board cannot take final action on any issue without at least one of the two public members present.

Norton, who is one of the two members, did not attend Thursdays meeting. And Richard Pinkerton, the other public member, sent a letter of resignation, complaining of the pressure put on the board to approve the name change sought by Gov. Janet Napolitano.

The seven other board members represent specific organizations, including five who are employees of state agencies, someone from the geography department of a state university and someone from the Arizona Historical Society.

Theresa Craig, an assistant attorney general who was at the meeting, at first told the other members present that they had the right to suspend the bylaws.

But when questions were raised about that procedure there was nothing on the agenda about suspending the bylaws Craig concluded that the bylaws were legally meaningless even though they had been unanimously approved by the board. She said the only way bylaws are enforceable is if they are adopted as formal rules, complete with public hearings and publication.

That explanation satisfied the other board members present except for Lloyd Clark, who represents the Arizona Historical Society.

Clark cast the lone vote against changing the name to honor Army Pfc. Lori Piestewa, a Hopi who is believed to be the first American Indian woman killed in action while serving in the U.S. military, saying his colleagues were acting in haste.

Norton said he is filing his challenge with the board and specifically with Linda Strock, an employee of the state Department of Economic Security. Strock served as acting chairwoman at last weeks meeting in Nortons absence and was later elected chairwoman of the panel for next year.

I dont think it was done legally, Norton said. This is wrong.

Norton said that as a citizen member of the board, he has the right to challenge the methods used to reach decisions.

Strock is likely to ignore Nortons challenge. She told Capitol Media Services she relied on Craigs legal opinion.

That would leave Norton with the option of going to court.

As of Tuesday, Norton said he does not know if he will seek legal intervention.

Craig stands by her conclusion that the bylaws are legally meaningless.

She cited a section of state law that sets up the board and gives its members the power to adopt rules "for the orderly conduct of business. Bylaws, she said, are not rules.

"Rule-making requires a certain formalized procedure, she said. "That procedure was not followed.

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