On October 3, the Pima County supervisors voted to block the public’s view of a memo from the County Attorney’s Office on the failed American Airlines’ deal. Supervisor Ally Miller had fought to release documents related to the deal n order to give the public equal access to the public’s business.
Pima County Administrator Chuck Huckelberry had fought to keep the memo, dated June 17, private through a claim of attorney/client privileged. The supervisors, in their official capacity, are the only parties that can waive that privilege. As a result, controlling the majority of supervisors, Huckelberry was able to prevent release of the memo.
A similar memo dated June 18 memo was released earlier this year. As the ADI reported on October 4, “Given Huckelberry’s past performance, it is believed that Deputy Pima County Attorney Regina Nassen was instructed to modify the June 17 memo to his liking.”
While the general public was denied access to the June 17 memo by a vote of the supervisors, based on the claim of attorney client privilege, newly obtained emails indicate that Huckelberry disregarded the necessity of a Board vote by sharing the June 18 email with powerful associates.
The Arizona Daily Independent (ADI) received the heavily redacted emails on Friday, October 18, in response to a records request filed on August 11.
In an email dated August 3, Pima County Supervisor Ally Miller’s staff inquired as to why certain powerful members of the public were privy to the June 17 memo. According to Miller’s Chief of staff, Jo Ann di Fillipo, Mike Varney, head of the Tucson Metro Chamber of Commerce, Bill Assenmacher, Tucson Airport Authority chair Steve Cole, Lisa Lovallo, vice president of Cox Communications, and only Supervisor Sharon Bronson were provided a copy of the June 17 memo without the consent of the Board of Supervisors.
In her August email, di Fillipo wrote: “In reviewing this communication, I found that the analysis was actually County Attorney Nassen’s privileged attorney-client communication dated June 18, 2015 addressed to C.H. Huckelberry, County Administrator. In as much as “the privilege [of the attorney-client communication] is held by Pima County and can be waived only by an official action of the Board of Supervisors” (see, Nassen memo to CHH dated 6/18/2015, attorney-client communication), I’m wondering if you could provide me the date of the Board of Supervisors meeting in which the Supervisors took an official action to waive the attorney-client privilege or, in the alternative, direct me to the BOS minutes wherein the approval was recorded.”
Flagg admits in his response that the Board of Supervisors never approved release of the opinion.
Huckelberry’s alleged violation of County policy wouldn’t be the first time he appeared to overstep his authority. In fact Deputy Pima County Attorney Nassen had to urge him to avoid overstepping his authority in August 2016 when Huckelberry wanted to essentially strip Miller of her authority.
The memos centered on the $100,000 payment to American Airlines in order to secure direct flights from Tucson to New York. Not long after the $100,000 payment was made, American Airlines suspended the flights.
The ADI reported in August that Huckelberry failed to share that vital information with all members of the Board of Supervisors regarding the deal before it was approved in a 4-1 vote on April 18, 2017.