The same attorney who has advised the TUSD Governing Board and superintendent into violations of Open Meeting laws is now taking a position with the City of Tucson. Martha Durkin, the District’s attorney filling the position of departing Deputy City Manager Liz Miller.
Durkin came to the District after years of working in Pima County and the City. Durkin will assume her new role July 1.
Two weeks ago, District officials were notified that members of the public would be filing a complaint with the Arizona Attorney General’s Office for Open Meeting Law violations in regards to a move by the District to enter into a settlement with the Office of Civil Rights.
The superintendent signed an agreement with the OCR without a public discussion of the matter and a public vote. According to district insiders, at least two Board members and members of the public opposed the settlement of the complaint filed in the Cesar Chavez march and rally last year.
Current Board member Cam Juarez organized the event last year to be held at Pueblo High School. The District had asked organizers to follow District policy, which had just been imposed on students at Sabino High School. That policy prohibits partisan political activity at District schools.
Juarez and his group had announced that they hoped to use the event which was supposed to be about the civil rights hero, to pass petitions to recall Board member Michael Hicks and re-elect Raul Grijalva. Rather than curtail the political activity for the event, they moved it off District property. They then turned around and filed a complaint with OCR.
According to District insiders, the Board did not want to challenge or “embarrass” Juarez so they agreed to enter into the settlement. One member said of the decision, “The terms of the settlement are pretty mild and we’re obviously not paying anyone any money.” He said he did not “think it’s worth fighting over.” One Board member said shortly after Pedicone signed the agreement that the “proposed settlement contains no admission of guilt by the district. It is simply a statement of what we will do going forward.”
Pro-MAS organizers have used the settlement has evidence of the District’s discriminatory practices and the District kept the settlement out of public view by refusing a public vote. As one District insider put it, “If you don’t have evidence that we continue to discriminate, you can’t keep getting deseg money.”
It was TUSD Governing Board member Adelita Grijalva who had ultimately decided to move the event after learning that her father’s congressional aide, Ruben Reyes, had been caught using TUSD employee addresses to send out fundraising requests.
After they secured St John’s Church, Augie Romero, TUSD’s Equity director, and Adelita’s good friend, advised Abel Morado, head of TUSD’s high schools, that they were going to use Pueblo High School. Morado told Romero that he needed Romero’s help. He asked Romero to prevent too much political speech because he didn’t want an “ass kickin’ from the Board or the unofficial Mexican American Advisory Board.
In a betrayal of Morado, Romero started telling the obsessed MAS media types that the district was trying to stop free speech and “disrespect the Mexican American” community. Discontent and distrust began brewing around Augie’s exaggerated recitation of Morado’s instructions. The press began calling.
According to those close with Morado, Pedicone then instructed Morado to tell Romero to go to the press and tell them the truth. Romero refused the order.
Arizona’s Open Meeting Law requires a public discussion and vote of all legal matters.
In July 2012 Miller was promoted from Assistant City Manager to Deputy City Manager. Miller retired from the City in 2008. Miranda re-hired her in October 2011.
Miller worked under two former managers before her first retirement. She led a committee that sought unsuccessfully to increase the city sales tax in 2011.
As an Assistant City Manager, she made approximately $140,000 per year. Miller’s current salary is over $165,000. Miller also received 30 days of paid vacation each year and her retirement pay. Both she and Miranda are “double dippers.”
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