Earlier today, March 27, 2015 I made a Public Records Request for information relating to an allegation that Assistant City Manager Julie Frisoni may have violated the state’s Conflict of Interest law. Before the close of business today I received the information I had requested. I want to publicly thank Darcie McCracken, Deputy City Clerk, for the excellent and immediate service I received.
The information I received begins with a letter dated February 11, 2014 sent by Frisoni to Michael Bailey, City Attorney and copied to Jim Brown, Director of Human Resources and to then City Manager Brenda Fischer. In her letter she stated that Councilmember Alvarez had been harassing her and creating a hostile work environment for a month. She stated, “This merchant (from Glendale) told our staff today that CM Alvarez told him that I was going to be fired because of my unethical dealings in relation to purchases from a company that my husband works for.” She went on to say, “My understanding is that she (Alvarez) is violating the council code of ethics, as well as the council code of conduct.” She asked for an immediate investigation to remedy the situation and to be advised of the next steps.
Two days later, February 13, 2014 Brenda Fischer sent an email to Frisoni and copied Jim Brown and Michael Bailey. Fischer indicated that after receiving a councilmember complaint she directed Bailey to “research this matter” and based upon Bailey’s review she considered the matter closed. She attached a memo from Bailey with his conclusions. Bailey’s February 13, 2014 memo said, in part, “From his (Shumway) job title, he does not appear to be involved with public sector sales. Based on this cursory review, I did not find any information to indicate that Mr. Shumway was involved with or benefitted from Glendale’s contracts with Insight Public Sector.” He went on to say, “We were not provided nor discovered any evidence suggesting a conflict of interest. Please note that this review was cursory in nature; a more formal review and opinion would require information that isn’t publicly available.”
Fischer’s and Bailey’s conclusions are troubling because of the perceived lack of due diligence by Bailey in investigating the allegation. He said, “On-line information indicates that Mr. Shumway is vice president, information systems-application development at Insight.” He stated, “Based on this cursory review, I did not find any information to indicate that Mr. Shumway was involved with or benefitted from Glendale’s contracts with Insight Public Sector.” As you can see, Bailey appeared to have done on-line research and used that as the basis of his legal opinion. There also seems to be a lot of CYA on Mr. Bailey’s part with words such as “my understanding is” and it “appears.” As any good “jail house attorney” knows, those are wiggle room words. However, a February 20, 2014 letter by Frisoni to Jim Brown and copied to Fischer and Bailey indicated that she was satisfied and stated, “I am satisfied with the current action that has been taken…”
Hold on…not quite so fast…On March 3, 2015, a year later, Councilmember Bart Turner sent an email to Mayor Jerry Weiers, Acting City Manager Dick Bowers, City Attorney Michael Bailey, Vice Mayor Ian Hugh and Finance Director Tom Duensing. Prior to voting on the issue of a payment increase in the Insight contract he asked for an explanation of, “it appears that the increase in the contract is significantly higher than the base ($138,000) without any explanation for what we receive for the additional expenditure.” He made clear that he was not accusing Frisoni of any conflict of interest. He then stated, “In reviewing the conflict of interest disclosure file at the City Clerk’s office I notice there is no non-conflict statement on file from Ms. Frisoni as there are for several other city employees who may have a perceived conflict of interest due to family or personal ties to city business.” There is the answer we were seeking. Ms. Frisoni did not file a Conflict of Interest Disclosure about her husband’s company bid on and securitization of a multi-million dollar contract from the city.
Three days later, on March 6, 2015, Frisoni asked for specific statements attesting to her non conflict of interest. Director of Finance, Tom Duensing specifically asked Chuck Murphy, Chief Information Officer if Frisoni improperly influenced the Insight Public Sector bid. Murphy attested to the fact that it did not occur. Duensing did not offer any assurance. Frisoni then sent their emails to the City Clerk’s office.
Apparently Bailey requested a statement from Frisoni. In response on March 11, 2015, she sent an email to Bailey. Her opening stated, “Pursuant to your request, I am providing information regarding my association with Insight…” It appeared that this email was requested by Bailey to tie up loose ends in an effort to counter and to satisfy Councilmember Turner’s observation that Frisoni never signed a Disclosure. As an addendum within Arizona Revised Statues, Chapter 8, Conflict of Interest there is a specific Disclosure form provided. To this day she has not signed one. She should have erred on the side of caution, given her position within the city’s senior management, of signing such a form. It’s a good thing that she didn’t sign one now and backdate it. We all remember a previous backdating by 4 councilmembers, Eggleston, Martinez, Frate and Goulet that resulted in indictments for them and City Clerk Pam Hanna…all of which were dismissed on a technicality.
Frisoni said over and over in her correspondence that she did not influence or interfere with the City’s bid process and that appears to be true. But it doesn’t answer the question of whether or not she gave advice on that specific bid process to her husband to be passed on to Insight’s bid team. That we will never know.
Frisoni, through her actions, probably earns a zero for ethics. Even though it seems apparent that neither she nor her husband immediately benefitted financially from a successful bid, that’s not the point. It’s a matter of doing the right thing even if no one notices or acknowledges it. In a situation offering even the slightest perception of conflict it would have been prudent of her to disclose that her husband works for a company involved in a very lucrative bid with the city. It would not have hurt anything and would have enhanced her ethical standing. Many people are of the opinion that’s just not her style.
© Joyce Clark, 2015
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Aug 13
12
They’re b-a-a-a-ck…City Council reconvenes after summer break
Posted by Joyce Clark on August 12, 2013
Posted in City Council Actions • City of Glendale • Glendale elected officials | Tagged With: Acting Assistant City Manager Julie Frisoni, City Manager Brenda Fischer, Glendale City Council, prayer, public comment, voting meetings, workshops | 1 Comment
Glendale City Council
Don’t expect any fireworks at this first voting meeting on August 13, 2013 of the Glendale City Council after their summer break. They are still feeling the warm glow of sand, surf, summer and best of all, having been away from one another. Wait until the contentious issues surface such as the results of the external audit. This item once had a relatively small price tag and has now ballooned to half a million dollars.
This meeting will probably last an hour or less. Although there are 24 items to be decided and voted upon 19 of them are on the Consent Agenda and can be voted upon in one action. Only 5 items are not on the Consent Agenda.
This is the last night meeting that will convene at 7 PM. Ordinance 2858 (which we can assume will be approved) will change the evening meeting time to 6 PM at the next meeting in two weeks. It seems counterproductive to move the meeting time up by one hour. To what end and to whose end? It makes it more difficult to arrive by 6 PM for those who work and want to attend. It is tied to another change whereby public comments will be at the beginning of the meeting rather than at the end. This change was made under the guise of accommodation of the hoards of citizens wishing to publicly comment and being made to wait until the end of the meeting. It accommodates the hoard consisting of Ken Jones, Arthur Thruston, Bill Dempski and the Marwicks, regular speakers at every meeting. After all they do go to bed rather early. Ironically, the Marwicks live in Phoenix, not Glendale. In Glendale they have a forum. In Phoenix they do not.
Other changes that will probably be approved on August 13th are: adjusting the term of the Vice Mayor from January to January, a calendar year rather than a fiscal year; instituting a two year term limit of service for councilmembers on subcommittees (too bad it’s not term limits as an elected official); granting staff more time to respond to council items of special interest. It had been 30 days, now it is 60 days; and formalizing the council workshop meeting location in B-3. Mayor Weiers had insisted workshop meetings be held in council chambers. That didn’t last long because it was more expensive and frankly, logistically it simply didn’t work. One action yet to be decided and that will be discussed at the council workshop on August 20, 2013 is the addition of time for prayer at the start of each voting meeting. This item alone could make that workshop session very entertaining.
City Manager
Fischer
Item 23, the next to the last item on the agenda, is interesting for the very nature of what it does not contain. It is an update of city signature authorization for banking transactions. It recognizes the new City Manger Brenda Fischer. It retains Horatio Skeet as Assistant City Manager and Jamsheed Mehta as Interim Assistant City Manager. Yet Ms. Fischer placed Mr. Skeete on paid administrative leave pending yet another investigation which she institued. This action to recognize signature authorization could merely be procedural. It is quite conceivable that in 2 weeks they will do it all again and add Julie Frisoni as Acting Assistant City Manager. In her role as acting assistant city manager she will oversee communications, information technology, community and economic development, planning and building safety, intergovernmental affairs and the mayor and council
Acting Assistant City Manager
Julie Frisoni
As an Acting Assistant City Manager, what is Frisoni’s expertise and what are her credentials? There is little public information to be had. She studied communication and broadcasting at Arizona State University – but did she graduate? With a degree in Communications? She worked at KPNX-TV and applied for a communications position with the city. She has no formal training in public administration or business administration and no credentials in managing in any field other than communications/marketing but she has plenty of political savvy. When the former Communications Director left Ms. Frisoni quickly rose to the position of Director of Communications/Marketing. She was part of former City Manager Ed Beasley’s inner power circle and worked closely with him in a position of trust. Which leads one to ask, when Beasley gave direction or approval to move Trust fund revenues was Ms. Frisoni in that staff meeting? Probably. What did she know about the transfers and when did she know it? Ms Frisoni’s temporary promotion shouldn’t come as a surprise since Ms. Fischer’s early career included public relations in Henderson, Nevada and communications in North Las Vegas, Nevada. Sisters under the skin?
So, folks, city council is back along with a new cast of characters. This season’s political dance, fascinating yet often cruel, is about to begin again. What will be the result for the people of Glendale?
©Joyce Clark, 2013
FAIR USE NOTICE
This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to:http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use’, you must obtain permission from the copyright owner.
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