In the November 6, 2014 edition of the Glendale Star it was reported that, “the attorney general’s office confirmed it had received all necessary information and is investigating the issue against four members of Glendale City Council.” To refresh your memory on June 29, 2013 Councilmember Gary Sherwood sent the following email to Councilmember Manny Martinez:

June 29, 2013

To: Martinez, Manny; Jeff Teesel

From: Sherwood, Gary

RE: Out Clause and Risk Topics

“Yvonne and I spend over an hour with Nick Woods last night and out of the three concerns from what I shared with Nick after our e-session yesterday (as of 7:45p, Nick has not seen the city’s revised draft which was promised right after we got of e-session nor had it been posted to our website – consequently both happened by 8:45p) two were okay with the city and had to deal with the errors the city made — #1, we don’t own the 5500 parking spots we’re proposing to charge for therefore it must be a license agreement and not a license agreement  (sic) #2) since the bonds that are held against the arena are tax exempt – only a governmental agency can hold those bonds so some different language has to be brought in – city agreed with that. The third item is problematic in that it is against the NHL for cities to hold out-clause and none of the other 29 cities have one. That would allow the city to just kick the team out, where would they play, what if in the middle of the season.

“I don’t have the time to get into all the details but I’ve known Nick Woods for a long time and know him to be a trusted friend and right now I can’t turn my back away from anyone in the city manager’s office or out (sic) acting city attorney.

“Manny, I’ve got a booked day with two Habitat for Humanity events, three radio interviews and two TV spots so contact Yvonne for details of our conversation. Sammy is already on board as he was with us last night.

“Thanks for hanging in there!

“Manny – please delete this email after you’ve read it.”

In the Star article Sherwood mounts a defense of his actions. I would remind all that just because something is in print doesn’t make it necessarily true. I could be the Queen of England in print but that is not true. Sherwood asserts the email was innocent and there was no collusion between councilmembers but that doesn’t make it true.  Councilmember Sammy Chavira uses the time honored phrase, “I do not recall…” Just because someone doesn’t “recall” doesn’t mean it didn’t happen. Yet Sherwood, in his email, clearly states that “Sammy was already on board as he was with us last night.” If he did not have a conversation with Sammy that night he must have had a conversation at some time with Sammy to be able to confidently declare that “Sammy was on board…”

Vice Mayor Knaack is also back pedaling with her statement, “I do not recall discussing the terms of the deal or any other substantive discussions about the city-Coyotes business deal during the telephone conversation.” Yet again, Sherwood clearly states in his June 29 email that Yvonne and he spent an hour discussing terms of the deal with Coyotes’ attorney Nick Wood. Either Sherwood is lying or Chavira and Knaack are lying. Take your pick.

Facts are facts. Sherwood confirms that Knaack and Sherwood had an hour long conversation with Coyotes’ attorney Nick Wood. Sherwood refers to the substance of the conversation and that it was about the terms of the city-Coyotes deal and what had transpired in a city council e-session held prior to the phone conversation. There was no other city business that would have necessitated a conversation between Sherwood, Knaack and Wood. Sherwood stated unequivocally that Sammy supported the deal. Sherwood sent his email to Martinez to share results of that conversation.

It appears Sherwood was at the center sharing information about the Coyotes deal with the other three councilmembers, Knaack, Martinez and Chavira, in order to keep them informed and quite frankly, to keep them in line to vote in favor of the deal.

Another just as troubling aspect of the current Star article was this, “The city hired the firm of Simms Murray Ltd. To create and present the city’s case to the attorney general on this alleged open meeting violation.” How much will the city end up paying to defend against the latest alleged transgressions of four councilmembers?

It brings up memories of another such situation where the city paid the personally incurred attorney’s fees for councilmembers. Do you remember the 2006 indictments against Councilmembers David Goulette, Steve Frate, Tom Eggleston, Manny Martinez and City Clerk Pam Hanna? All elected officials are required to submit annual financial disclosure statements at the end of every January as a means of publicly disclosing any possible conflict of interest. These four councilmembers submitted them after the due date and back dated their disclosure statements and were indicted for it. They were not exonerated. Rather a judge ruled in March of 2006 that the city attorney could not testify against them due to attorney client privilege. The following month city council approved a “transfer of general fund contingency appropriation authority and funds in the amount of $500,000 to cover the additional anticipated costs associated with special projects.” The “special projects” were the personal attorney’s fees for the four indicted councilmembers. In 2006 the very same councilmembers that were indicted also voted in the affirmative to have the city pay their attorneys’ fees. It looks as if history is about to repeat itself.

© Joyce Clark, 2014


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