Pima County Leaders Went To Great Lengths To Send KFC Into Stratosphere With World View

[Photo from KFC Facebook video]

This week, World View announced that the company is pairing with KFC (Kentucky Fried Chicken) to send a chicken bucket payload on-board World View’s maiden multi-day Stratollite mission. Emails recently obtained by the Arizona Daily Independent reveal just what lengths Pima County Administrator Chuck Huckelberry has gone to in order to make chicken fly.

In February 2017, Pima County Superior Court Judge Catherine Woods struck down Pima County’s contract with World View Enterprises that would have required taxpayers to foot the bill for a new facility for the company’s luxury tourism business. According to the judge, the County was required to have the building appraised, hold a public auction, and set the lease rate no lower than 90% of the appraised value.

The judge’s ruling was issued in the Goldwater Institute lawsuit against the County on behalf of Pima County taxpayers.

The judge’s ruling surprised no one. The County’s violation of state law had outraged taxpayers and Pima County Supervisor Ally Miller. Miller was supportive of the Goldwater lawsuit, but in her capacity as supervisor, she was a defendant in the lawsuit. As a result, Miller was very careful to express her disapproval of the World View deal in order to avoid putting the County at risk in relation to the lawsuit.

Over the years, Huckelberry has grown accustomed to controlling the narrative in Pima County through a compliant press and large in-house communications team. However, emails written in August 2016, reveal a panicky Huckelberry willing to attack a lawyer with a stellar reputation and strip Miller of her right to represent her constituents.

Huckelberry’s plans, as laid out in his August 12, 2016 memo, are so contrary to the basic tenets of decency and democracy, that Deputy Pima County Attorney Regina Nassen practically begged him not to send the memo to anyone.

From: Maura Kwiatkowski [mailto:Maura.Kwiatkowski@pima.gov]
Sent: Friday, August 12, 2016 9:12 AM
To: Regina L. Nassen <Regina.Nassen@pcao.pima.gov>
Subject: CONFIDENTIAL ATTORNEY-CLIENT PRIVILEGE – GOLDWATER WORLD VIEW LITIGATION
Importance: High

Good morning, Gina.

Chuck would appreciate your review and comment on the enclosed draft memorandum to the Board.

He indicates he may be able to be talked out of it, but it will be a very hard sell.

Thanks,
Maura
Maura J. Kwiatkowski
Assistant to Pima County
Administrator Chuck Huckelberry
130 W Congress, Floor 10
Tucson, Arizona 85701
520.724.8587
maura.kwiatkowski@pima.gov

____

To: Chuck Huckelberry
From: Regina L. Nassen, Deputy Pima County Attorney, Pima County Attorney’s Office
Subject: FW: CONFIDENTIAL ATTORNEY-CLIENT PRIVILEGE – GOLDWATER WORLD VIEW LITIGATION
Date: Friday, August 12, 2016 11:34:32 AM
Attachments: Pretrial Publicity

Chuck, don’t send this memo. Please.

Mr. Manley may be edging up to the ethical line with all his publicity-mongering, but he definitely has NOT crossed it. Making the allegations you have in the memo, with litigation on-going, is hitting below the belt. Issuing such a memo would be far more unseemly than what Manley has done, and would deprive all of us of our position on the high-road.

As for Supervisor Miller, she has every right to discuss her policy concerns about the World View deal with Goldwater, and even to encourage them to file a lawsuit. What she does not have a right to do is share confidential information about the case with Manley, but we have no evidence that she has done so or, if we have another executive session, would do so. There is no basis to exclude her from an executive session if we have one.

Regina L. Nassen

The email was obtained this week as part of a records request that was filed with Pima County in December 2016.

Huckelberry’s memo reads:

Date: August 12, 2016
To: The Honorable Chair and Members From: C.H. Huckelberry
Pima County Board of Supervisors County Administrator

Re: Possible Pretrial Prejudicial Publicity by the Goldwater Institute and Conflict of Supervisor Ally Miller

Prior and subsequent to filing litigation against the County, the Senior Attorney for the Goldwater Institute, James Manley, embarked on a campaign to try their case against Pima County in the media; clearly, an attempt to influence the outcome of the litigation in their favor. Mr. Manley’s publicity activities include the following:

Date Description
03/30/16 Manley interviewed by KVOA.com (Channel 4)
04/04/16 Manley discusses World View on 4Tucson Radio Program (KVOI)
04/13/16 Manley discusses the matter in an interview with Arizona Public Media
04/13/16 Approximately 4 PM. Star reporter Prendergast makes telephone request for County Administrator comment regarding Goldwater lawsuit. Staff requests copy of lawsuit. Prendergast 4:48 PM: “The Goldwater Institute doesn’t want me to send over a copy of the lawsuit. They sent it to me as a courtesy, so I have to abide by their request.” County Administrator declines to comment without having seem lawsuit. Star posts story online later that day.
04/14/16 1. 9:51 AM Email from KJZZ Radio Phoenix (Marizco) requests County Administrator Interview on lawsuit. 2. Manley discusses the case in an interview with KJZZ.
04/14/16 11:47 AM Goldwater Lawsuit filed in Pima County Superior Court
04/14/16 3:12 PM email from Arizona Daily Star (Gassen) indicates Goldwater has submitted an OpEd for publication (published 04/23/16) and asks if County wishes to do the same.
04/14/16 Interview request received from Tucson Sentinel regarding Goldwater litigation.
04/20/16 Andrea Kelly of Arizona Public Media advises via email Manley will discuss case on television show Metro Week for airing in May. Requests interview with County Administrator for early May.
04/23/16 Manley OpEd Published in the Arizona Daily Star.
04/25/16 Manley meets with staff of the Arizona Daily Star. Meeting discussed in Tim Steller’s 04/26/16 column.
05/10/16 Manley discusses the litigation on Wake Up Tucson Radio Program (KVOI)
05/18/16 Goldwater Institute sponsors luncheon in Tucson so that Manley can discuss the litigation
05/24/16 Wall Street Journal publishes Goldwater Institute Board Chair Eric Crown’s OpEd calling World View deal illegal. (Wall Street Journal declines to publish response by CEO of World View.
Mid-June Manley discusses the case on the James T Harris Radio Show (KVOI) sic

Mr. Manley’s actions on behalf of the Goldwater Institute appear to be prejudicial and an attempt to influence the outcome of the litigation through the media, which may be a violation of the State Bar of Arizona Rules of Professional Conduct.
Additional dates and facts that are relevant include the following:

• On January 19, 2016, the Pima County Board of Supervisors heard in Public Session the proposed agreements with World View regarding the location of their headquarters within Pima County. The County provided specific economic incentives to World View for this location, all of which were disclosed in detail in the Agenda Item and the Board approval.

• On March 28, 2016, James Manley, Senior Attorney for the Goldwater Institute, transmitted a letter to the Chair and Members of the Board of Supervisors that contained a number of inaccurate and incomplete allegations regarding the agreement with World View. Mr. Manley requested the County respond no later than April 8, 2016. In the letter, Goldwater threatened litigation and indicated “Should the County ignore this request, it will be liable to a constitutional and statutory challenge by County taxpayers to enjoin these illegal expenditures.”

• The County provided a detailed response to the Goldwater Institute in an April 5, 2016 letter from Deputy County Attorney Regina Nassen. This thoughtful and clear response was obviously ignored by the Goldwater Institute, as they then filed a lawsuit on April 14, 2016 naming the Board of Supervisors, including Supervisor Ally Miller in the litigation.

After filing the lawsuit, Mr. Manley embarked on the media campaign summarized above touting the virtues of the Goldwater Institute’s lawsuit, indicating there were grieved taxpayers in Pima County who brought this matter to their attention and denying any involvement in constructing, crafting or directing the litigation by any member of the Board, including Supervisor Miller. Based on recently received public records, it is clear Supervisor Miller has been in communication with and assisting the Goldwater Institute in their litigation filed against the County. We now have reason to believe she was providing direct information, and perhaps confidential information, since this matter was discussed in at least one Executive Session of the Board of the Supervisors. It is highly unlikely Goldwater’s attorney was not aware that one of the Defendants in the litigation, Allyson Miller, was providing direct information to the Goldwater Institute without the knowledge of the County or any member of the Board of Supervisors. Such is clearly inappropriate, and in all likelihood, unethical under the Arizona Bar Association’s Rules of Conduct.

I have provided the County Attorney with records revealed by members of the media indicating Supervisor Miller had been in contact with the Goldwater Institute prior to, and, I assume, after they filed suit against the County.

I ask that you review this matter to determine whether it is appropriate to file a Bar complaint against Attorney James Manley for working in concert with a future defendant in a legal action against a public entity.

In addition, I have asked the County Attorney to ensure Supervisor Miller does not participate in any future Executive Sessions related to this matter.

CHH/mjk

c: Thomas Weaver, Chief Civil Deputy County Attorney
Regina Nassen, Deputy County Attorney
Robin Brigode, Clerk of the Board of Supervisors

The ADI reached out to Manley for a comment. Being the consummate professional he is, he responded: “I do not have a comment, except to say that I and my colleagues respect and work to uphold the rules of professional conduct.”

17 Comments on "Pima County Leaders Went To Great Lengths To Send KFC Into Stratosphere With World View"

  1. Jose Dominguez Gonarhea-Sanchez | June 15, 2017 at 3:07 am | Reply

    If Chucky is “involved” there are no rules of professional conduct.

  2. Jose Dominguez Gonarhea-Sanchez | June 15, 2017 at 4:37 am | Reply

    I don’t know who got more plucked, the chickens or the tax payers.

  3. Based on the timeline of this story, isn’t Pima County in contempt of court with their current actions?

  4. Albert Lannon | June 15, 2017 at 10:13 am | Reply

    TO: Goldwater’s Institutional Attorney Attn: Mr. James Studley
    FROM: Association of Serious Satirists

    On behalf of our Pima County Chapter and Verse we urge you to consider a legal law suit against County Obfuscater Charles “Chuckie” Huckelberry and his employers, the Bored of Soup Advisrs. We seek damages for loss of dignity, infringementation of copy writing, and ruination of serious satire. It is said by Manny that You Can’t Make This S#!t Up! Well, yes you can, and they did, and we are now a damaged class act shunned by socialized satire. We have satire now subsidized by taxpayers which is unfairly disadvantageous to them of us trying to eek! out a living pointing out the foibilious fables of political animals of all species in Pima’s County. The following are prima facie (italics please, since these are words of foreign-speaking socialites) examplifications of why Pima and its County should be dragged into a court of justice and retribution:

    1) Giving millions to World View to launch lunch into lower space;
    2) Making Tucson look ridiculous for the wrong reasons: Home of the Fried Chicken Space Oddity (The Thing out I-10 may file a brief amicus);
    3) Trying to deny an elected official access to a meeting she is legally obliged to attend;
    4) Putting it all in writing.

    Furthermost, this is part of a pattern of absurdity going back and forth for a long time. For exemplification:

    A. Passing a resolution opposing an I-10 Bypass and refusing to put it in the studious record for just such a highway, allowing Mister Chuck E. Cheesey to subvert the record by placing his letter of commendation into that same record, or CD, or MP3, or cloud;
    B. Foraging ahead with the Snoring Corridor even though the voters rejected it by saying No and voting not to give it money;
    C. Getting Rio Nuevo to do what would be illegal for the county to do in giving a boatload of bucks to Caterpillar so they can lay off 900 people in South Milwaukee and bring their buggy operation here, where they had also laid off employees. Butterflies are pretty — caterpillars eat everything;
    D. Giving the Charpoison of the Stewedadvisors a new car after she violated the Stupid Motorist law and drowned her vehicular modality of transportation and was not given a ticket except for some free gratis dinners from Sunny Corridors Inc. and Tucson Metro Chamber of Commercial Greed.

    Oh say can you see from all this that socialized taxpayer-paid satire has satirzated the market causing a lot of beaucoup Harm, Grief and Damage for which we seek Cease and Resist orders along with inappropriate compensatory cash in the amount of the recent raise given to Pima’s Teama job-snuffing, laughter-stealing, unranked amateur mirthmakers, plus all those freebies doled out to discorporations which left hundreds of unemployed blues in their wreckage.

    Association of Serious Satirists Board Emeritus
    Jonathan Swift Voltaire H.J. Mencken
    Jane Austen Samuel Clemens Ambrose Bierce
    George Orwell Oscar Wilde Will Rogers
    Lenny Bruce Steven Colbert Berkeley Breathed

  5. Huckleberry fin pretty much runs pima county. He relocates funds and raises our properly taxes on his whim. He is a swap that needs to be drained.

  6. Pigs have been flying in Pima County for years, so fried chix is no surprise.

    • And it isn’t going to change until you rid us of Chuck or at least one board member to get rid of him. Also, Don Diamond…the longtime beneficiary of Chuck and Pima County!

  7. Once again Thank You GI! We need protection from our protectors.

  8. Chucky and his chicken sandwich? | June 15, 2017 at 4:04 pm | Reply

    Meanwhile. Down on main street. We owe more taxes so must work harder to pay for higher sales taxes property taxes and as of tuesday night TUSD wants to issue $180 million more in bonds. So even higher secondary property taxes around the corner. Whose next? All while little Johnny and Chucky and his chicken make off with their grand plans of raising our taxes every five years. Surely tucson pima voters have seen enough of this nonsense?

    • Tucson Taxpayer and Voter | June 18, 2017 at 5:26 am | Reply

      And just this week we learn that PCC with declining enrollment is now looking to raise taxes in their district with declining enrollment. And yes they too want to raise tuition. Bet they have layers of overpaid underworked administrators in their organization too? This must be the business model of every government in southern arizona.

  9. Two things to note:

    First, Ally Miller is not an Attorney,
    so she is not covered by the State Bar
    rules. Second, since the actions of Comrade
    Huckleberry and his three Brown shirts are
    clearly in violation of the law; Supervisor
    Miller should be covered under some sort of
    whistle-blower protection statute. (assuming
    she is the “leaker.”)

    Considering the players here; didn’t they
    list the wrong end of the chicken products?

  10. Up and away, finger lickin’ good goes our money.

  11. Monsoon’s coming, don’t be a Bronson!

  12. well there goes the chicken franchise business.. they’ll be next in line for closure – to be replaced by what else a ‘taco stand’ – I like tacos too..

  13. how they did it, when they did, who exactly did what to whom… all this drivel is just that ; the building is up, the taxpayer money is spent.. all that is left to see is this thing fly – often – significantly in large numbers of flights – or it FAILS and the finger pointing will begin as to ‘well if we didn’t have wind resistance we would have been.. ‘ nothing said that this is ‘taxpayer money – building a private business for one of their own kinds family, being Gabby and her husband’. They are the CZAR’s of our $’s and all that is produced of this is BS.. oh oh oh you did this and… and what? Lawsuit? Fines of them on a personal basis? Jail time (my vote) nothing is happening.. zero – just more bytes wasted and no result… and even if they close it, what then. My question is where are the measures to prevent this again, whats the next tax dollar bungle they are now building that nothing is done about?

  14. Hopefully this and others will get a real investigation started; THAT should be able to determine where the money flows–at some point it has to lead through Chuck, to Sharon, Richard and Ramon. Hopefully criminal charges will follow.

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