Pima County broke no laws just public trust in road repair vote

Pima County Supervisor Ally Miller had requested a memo from the County Attorney’s office to confirm what she had been telling voters all along; with a simple vote of 3-2, the Pima County supervisors can shift the allocation of voter approved funds to any project they favor at any time.

Miller, who has been trying to bring transparency and accountability to the County, questioned the propriety of a retaliatory move by her fellow Board members in which they voted last month to move $872,000 for road work in her district to fix Colossal Cave Road in Vail.

According to the Pima County Attorney’s Office, the supervisors did not break any laws when it voted to shift funds for road repairs. One constituent said after the letter from the County Attorney was read into the record, “Maybe they didn’t break any laws but they sure did break the public’s trust into itty bitty pieces. They will never pass another bond again. They can’t be trusted.”

Complaints have been filed with the Arizona Attorney General’s Office for alleged violations of Open Meeting Laws. Questions arose after it was discovered that members of the public had been contacted by County officials advising them of the Board’s surprise move to shift the funds.

Also, at least one complaint has been filed against the supervisors for apparent Open Meeting Law violations earlier in the year. For years, the supervisors have had little scrutiny, but since Millers’ arrival and insistence on transparency, videos of the meetings are now widely viewed by the public. The supervisors and County administration has not yet been able to adjust their conduct to comport with Arizona’s public meeting laws.

According Chief Civil Deputy County Attorney Christopher Straub, who authored the memo, the law allows, “the county administrator to reallocate existing budget funds within the previously approved pavement preservation budget category.”

On Tuesday, the Board of Supervisors had to vote to waive attorney-client privilege in order for the County Attorney’s memo to be made public. However, Miller supported the release of the memo. She argued that the public had a right to the information.

The supervisors, who had hoped that the memo would stop speculation about the behavior, only served to fuel more speculation and opposition to future bonds.

Supervisor Sharon Bronson expressed pleasant surprise when local car dealer, Jim Click, made an appearance at Tuesday’s meeting. She interrupted the proceedings to ask him if he would like to say a word in support for David Monthan. The record indicates that he did not take the opportunity. The Board later voted on item #7: (To view purchase order click here)

Amendment of Award:
Requisition No. 0901500, for automotive OEM replacement parts, extend contract term to 9/17/14 and increase the total award amount by $90,000.00.
Funding Source: Internal Service Fund.
Administering Department: Fleet Services
Contract annual award amount: $328,000.00
Total annual award amount: $1,222,500.00
Contractor/HQ/MA No.
Jim Click Ford/Tucson, AZ/B506379
Holmes Tuttle Ford/Tucson, AZ/B506381
Jim Click Dodge/Tucson, AZ/B506851
Tucson Dodge/Tucson, AZ/B506383
Desert Toyota/Phoenix, AZ/B506384
Precision Toyota/Tucson, AZ/B506385
Attachments: PO_ReqNo0901500