On Monday, a lawsuit was filed against Tucson Mayor Jonathan Rothschild, and Tucson City Council members Regina Romero, Paul Cunningham, Steve Kozachik, Richard Fimbres, Karin Uhlich, and Shirley Scott for damages incurred by Tucson resident Cecelia Cruz due to “intentional lying and other abuses of process.” The claim also includes City Attorney Mike Rankin, known as Tucson’s “shadow mayor,” and attorney Dennis McLaughlin.
Cecilia Cruz has been attempting to obtain documents related to the propose purchase of El Rio Golf Course by Grand Canyon University in 2013. She filed the lawsuit because of the City’s “willful and improper use of judicial process for the ulterior purpose of concealing from citizens information about what their city government is up to and to financially drain or ruin them if they challenge your wrongful actions.”
According to the Notice of Claim filed in early October, attorney Bill Risner reminded Tucson officials that “Arizona’s public record law is very simple and stated in a single sentence: “Public records and other matters in the custody of any officer shall be open to inspection by any person at all times during office hours…. Unlike other laws in other states or the federal FOIA law related to public records, Arizona’s laws do not have a waiting period. Pursuant to A.R.S. § 39- 121.01(D)(l) “any person may request to examine or be furnished copies, printouts or photographs of any public records during regular business hours . ..” Furthermore, the public bodies and officers “shall promptly furnish” such public records. Our Supreme Court has defined “prompt” in this context as being “quick to act” or producing the requested records “without delay.”
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