by Cyndy Hardy

SEDONA, Oct. 4, 2008 – The Sedona City Council is under investigation by the Arizona Attorney General’s office on complaints that four members of the council allegedly broke open meeting laws prior to the Aug. 13 meeting when the council voted 4-2 to support the Arizona Department of Transportation’s plan for 76 street lights on Hwy. 89A in West Sedona.

City Attorney Mike Goimarac fired back; categorically denying the allegations and asking the AG office to investigate those who made the complaints for filing false allegations.

The complaints claim that Councilors Nancy Scagnelli, Marc Sterling, Dan Surber and Vice Mayor John Bradshaw:

An additional complaint challenged Ms. Scagnelli’s Aug. 13 motion on the grounds that 76 lights were not specifically agendized, or part of the city advisory committee’s recommendations being discussed that night.

“I invite your response to these allegations. In particular, please confirm whether the described dinner occurred,” Assistant Attorney General Casey Cullings said in a Sept. 29 letter to Mr. Goimarac.

“All four of these council persons independently and unequivocally deny that any such meeting ever occurred,” Mr. Goimarac said in his Oct. 2 response letter.

“If such allegations are found to be patently false, then I would submit that there is probably cause for a violation of [false reporting laws] and would ask that your office pursue the makers of this presumably false report, Mr. Goimarac wrote.

Filing a false report with the AG’s office is no different than making a false report to a police agency, Mr. Goimarac said in an Oct. 1 interview.

The Flagstaff trip was not a city meeting, according to Mr. Goimarac. It was sponsored by the Sedona Chamber of Commerce. Chamber President Jennifer Wesselhoff was also on the city advisory committee at the time.

Arizona open meeting laws require 24-hour public notice if more than three council members meet and discuss city business.

City Manager Eric Levitt initiated a public notice for the meeting within the 24-hour requirement “because of the potential that four or more council members may be present,” according to the notice.

Only three council members attended the Flagstaff trip, according to Mr. Goimarac. “Mr. Surber claims he did not attend this event,” he said.

Mr. Goimarac included the public notice and posting logs in his response to the AG’s office.

Arizona open meeting laws require that agendas include specific matters that will be discussed, considered or decided. Public bodies can only discuss agendized and related matters.

Mr. Goimarac contended that on Aug. 13, the 76 lights were ‘related matters’ and therefore the discussion and subsequent action did not violate open meeting laws.

The AG’s office will decide whether the complaints have merit; and if any action against the city and the four council members is warranted.

Mr. Goimarac said he did not know who made the complaints.

At an Oct 1. gathering to protest lights on 89a, Keep Sedona President Barbara Litrell told a group of supporters that “we” received confirmation that the AG’s office was investigating the complaints.

Copyright 2008. Cyndy Hardy. This article may not be reproduced, reprinted or redistributed without prior written permission from the author. Contact the author at cyndyhardy@msn.com.

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