Much has happened in the Town of Payson over the past few months.  The 70 Million Dollar bond has been shelved.  Lawsuits against the Town have advanced to the Arizona Court of Appeals.  Two incumbent Town Councilors and the Mayor lost their reelection bids.  The Town manager, Troy Smith, has “separated” as of January 3rd.  The Town Attorney, Jon Paladini, has been replaced.

We will have some updates on all in the next few days. Today is a records request update.  What is the Town of Payson hiding? 

Tomorrow, we will examine Mr. Paladini’s replacement. While the paper tiger is gone, we need a new zoo. Keeping the firm Pierce Coleman with a new head will not kill the hydra. Our research reflects that Pierce Coleman will go to great lengths to prevent citizens’ rights to a referendum: same story, different town.  We cannot expect different results if Pierce Coleman stays on board.

After that, did you ever wonder how the firm Stifel, Nicolaus & Company, Incorporated (“Stifel”) became the advisor and potential issuer of the bonds?  That decision was made in 2021.  Town Finance Manager Heidi Gregory agreed to the terms.  Had the placement occurred, the fees for the term above fifteen years would have been $105,000.00.  Nothing we can find shows any discussion by the Town Council on the bond terms.  That fee alone is well above the Town Manager’s signature level.  Who decided the term length?

Lawsuit Updates:

Transparent Payson and Rose/Goldwater cases continue.  The appeals process is slow.

The Records Request.

The Town has gone to great lengths to postpone the release. They have made every effort to provide the records in a format that is to their benefit, and that issue is ongoing.  The records released so far show that the Town spends time and public money discrediting people they do not like.

• A plan to “address unreasonable comments from the community” and make the detractors “look bad?” Yes, anything is possible with YOUR tax dollars.  
• KMOG and Charlie Seraphin?  YOUR tax dollars are spent monitoring and recording KMOG.
• Steve Otto?  YOUR tax dollars were spent to “get in front of him.”
• Letters to encourage a veto of unfavorable legislation?  YOUR tax dollars are at work to ensure they can tax your food.  

A complaint was filed months ago with the Ombudsman Office.  That office only has the power to investigate; they cannot compel records.  With the recent departure of the Town Attorney, Mr. Paladini, and the Town Manager, Mr. Smith, we are hopeful the Town Clerk can act more responsibly and in accordance with State law.

The current Town position is that:

“The Town Attorney approved* a limited release of documents.”

* Emphasis added.

The request is not contingent on the Town Attorney’s “approval.” We have again reminded the Town Clerk that all records, excluding privileged documents, will be produced as requested.

The Town has provided some documents in .pdf format.  It does not appear they are retained in .pdf format.  One email, dated March 7^th, stated:

Fyi – I will pull the emails on the back end but wanted you to be aware.

A “backend” pull suggests that all email records are retained in an electronic format.    Reviewing the .pdf documents the attachments provided cannot be matched to the emails.  The attachments lack context.  The emails contain redacted information that has no apparent basis for redaction.  The effort by the Town of Payson to circumvent the valid request appears significant.  We are confident that effort would be better spent honoring the request.  What is the Town of Payson hiding? 

Here is what the law requires:

¶ 1 Arizona law provides that “[p]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.” Ariz. Rev. Stat. (“A.R.S.”) § 39-121 (2001). The City of Phoenix denied a public records request for metadata in the electronic version of a public record.  We today hold that if a public entity maintains a public record in an electronic format, then the electronic version, including any embedded metadata, is subject to disclosure under our public records laws.

Lake v. City of Phoenix, 222 Ariz. 547, 548 (Ariz. 2009)

One document provided by the Town, dated October 17^th, 2023, was scanned on August 2^nd, 2024.

The correspondence with the Town of November 13^th is below in its entirety.

What have we learned so far?   The supporting emails are below for your review.

MEAN TWEETS

A plan to have a  social media presence to make detractors “look bad?”  Yes, that was in the works.

“Purpose: To address unreasonable comments from the community in a pre-recorded/scripted video.”

The goal?

It really does make those commenters look bad lol

Who was on board with a plan to mock citizens?

On Board:
Chief Ron Tischer (Moderator?)
Mayor Chris Higgins
Andrew Jackson
Maybe:
Sheila DeSchaaf
Troy Smith

We don’t know what is unreasonable, but are your tax dollars being spent on counteroffensive efforts to make outspoken citizens “look bad?” We would think it would be better to address the actual concerns. It appears not.

KMOG and CHARLIE SEAPHIN

Town staff referred to his potential return as “Hopefully … just a bad rumor.”  Don’t you worry, Town staff monitors and records the radio broadcast for your safety. Perhaps KMOG is subversive?

STEVE OTTO

YOUR tax dollars were spent to “get in front of him.”  We wonder if any tax dollars were spent after his campaign filings.

LETTERS TO SUPPORT VETO

SB1063 would prohibit cities, towns, and other taxing jurisdictions from levying a transaction privilege, sales, use, franchise, or other similar tax or fee on the sale of food items intended for home consumption.  Governor Hobbs vetoed the bill on March 28^th, 2023.  Your tax dollars are at work to ensure the tax keeps rolling in.

Tomorrow, we will investigate Pierce Coleman and explain why the apple does not fall far from the tree.  Pierce Coleman is not a good fit if the goal is to retain voter’s rights or limit the Town’s power.

Exchange with Town Clerk of November 13th, 2024.

MEAN TWEETS

KMOG AND CHARLIE SERAPHIN

STEVE OTTO

ADVOCATING FOR A VETO

GOVERNOR HOBBS VETO OF SB1063