El Rio Deal Culminates Into a Culprit Hearing for the City of Tucson and City Attorney Dennis P. McLaughlin

Last Friday, Judge Christopher Staring presided over a culprit hearing for Tucson's failure to disclose public records concerning the potential sale of  El Rio golf course to Grand Canyon University.   A culprit hearing allows a trial court to determine whether a party (The City of Tucson and City Attorney Dennis P. McLaughlin), as opposed to that party’s counsel (now Michael McCrory), is responsible for a disclosure or discovery violations.  The following summary was provided by Scott Egan, who also interviewed Plaintiff Cecilia Cruz and and Attorney Bill Risner after the hearing in the videos below: 

Not sure if my debut as a newscaster will win me any awards, but it was fun!

On the Albert Elias deposition on the GCU/El Rio Scam

In the lawsuit against the City of Tucson over access to public records regarding the sale of the El Rio public property to Grand Canyon University, a deposition was taken of Albert Elias, a long-term, top echelon entrenched bureaucrat in the City, who is supposedly being considered for appointment as the new city manager. His testimony, taken on October 14, 2014 and recorded by AuditAz (https://www.youtube.com/watch?v=TS9YgBxDMZw) reveals many disturbing factors swirling around Mr. Elias.

To begin with, Mr. Elias clearly takes credit for being the lead person on the GCU/El Rio deal. He states [57:34] that he and Chris Kaselemis “were the main people responsible” in the attempted sale. When attorney Bill Risner reponds “but you are above him” (Kaselemis) he answers “Yes.”

This attempt of a giant rip-off of public resources alone should disqualify him from any important position in public service, but as we have learned, in the City of Tucson such behavior is not only tolerated but awarded. In fact it seems that every bureaucrat that was involved in this corrupt deal has been either promoted or received a salary increase by the Mayor and Council.

Besides two years of blatant attempts by the City to ignore and violate Arizona state public document laws by illegally withholding public information (from both the public, the press, and the courts), another aspect of highly questionable legality concerns the phony appraisal the City had conducted in order to sell the property at below market value -- a violation of Arizona’s Gift Clause. Mr. Elias, by his own testimony, was directly responsible and “concurred” with the appraisal [38:34] which directed the appraiser to value the 100+ acres -- with hundreds beautiful trees covered in lush grass, with water and irrigation service, sewer and electric systems, a club house with a restaurant and a brand new center (built by the Conquistors for a kids program) and owned by the people of Tucson and maintained by their taxes -- this parcel the City wanted to value as a “vacant” lot to sell on the cheap. A great deal for the developers. Not so good for every other taxpayer in Tucson.

Although Mr. Elias admits that he was in charge of the City Real Estate Division and this project in particular, he claims he did not give direct instructions to low-ball the value of the land (we may never know who did), but he testifies that he was “aware” that the appraisal was based on a “hypothetical” assumption that the land was vacant. He states that he supported the appraisal because it was based on “the highest and best use of the subject property as if vacant, for future development and mixed use.” [49:48]

To which Risner says: “Of course, it wasn’t vacant.”

“Correct.” responds Elias.

Besides these troubling statements, and the numerous attempts of the city attorney representative to prevent further questioning of how the phony appraisal was initiated, Mr. Elias also (if he is telling the truth in the deposition) has extreme ignorance of the basic rules on public records and the responsibilities public service workers have to the public they are supposed to serve. Or perhaps he is just lying.

For example, Risner asks Elias [103:10] if he is “aware that when there is a request, or a lawsuit relating to records, that a legal hold is placed on those records?”

Answer: “NO.”

Riser: “So you are not familiar with the public records rule in Arizona law that if there is a litigation, while that litigation is pending the records sought would be held and not destroyed.”

Answer: “No I’m not aware of that.”

In fact, Mr. Elias, who has worked for the City for many years and held many high positions in the organization, does not seem to be aware that any records should be preserved when an employee leaves their employment with the city. (Let us hope that when Mr. Elias does eventually retire, he destroys all of “his” city-owned files in an environmentally friendly way).

Finally, Mr. Elias’ comments go even past the point of feigned or legitimate ignorance when asked about any notes that he or his staff may have taken in their meetings here in Tucson or in Phoenix with officials from G.C.U. If one is to believe him, City of Tucson staff never take any notes.

As Risner asks [1:23] “Isn’t it common for staff to take notes at meetings?”

“No,” says Elias. “That is not common.”

That must save a lot of paper. (Of course, if they never use paper they also must be on the lookout for burglars that surreptitiously enter locked council offices and steal council members computers without setting off alarms or any trace of forceable entry).

There are certainly other amazing aspects of this fascinating interview, (like the fact that the City Parks Department, who have responsibility for El Rio, were never even consulted on the deal) and I would encourage anyone who has an hour and half to spend to actually watch the whole episode.  That may seem like a long time, but if Albert Elias is selected as our new City Manager life is going to be a long, slow, and very ugly period for Tucson -- no matter how long he may survive in the position.

There is my two cents, and then some.

Scott D. Egan Chief Correspondent for ... uh, what’s the name again?

Video courtesy of John Brakey

Scott Egan's interview with Bill Risner

Scott Egan's interview with Ceci Cruz

Here is the full video of last Friday's culprit hearing:

Southern Arizona powers-that-be don’t want you to know Bill Risner

L. Hunnicut
Arizona Daily Independent

                                       Video by John Brakey

On Friday 13, 2014, an ideologically diverse group of Tucsonans gathered to honor their friend; attorney Bill Risner. The event was years overdue.

Over the years, Risner has exposed and fought the powers-that-be in the community on behalf of the members of the community. And because of that effort, the powers-that-be have worked hard to keep community in the dark about the man who fought to shed so much light on their behalf.

From his days challenging the Viet Nam War as student body president at the University of Arizona, to just this past May when he sued City of Tucson for public records, Risner has been under the scrutiny of the powers-that-be because the powers-that-be don’t like people who bring scrutiny to them and their friends.

Over the years, despite his best efforts and those of so many others, little has changed in Southern Arizona, which is a microcosm of America’s ills. The only real change in our little world is that secret government agents have been replaced by computers that gather every shred of metadata possible in order to keep the powers-that-be and their cronies in cash and control.

Risner, a democrat, has taken on all the power brokers, in and out of his own political party. He took on Attorney General Terry Goddard and fought tooth and nail for the truth behind Pima County elections and specifically the fraudulent RTA bond election. The powers-that-be-good in the Party didn’t appreciate Risner much, but he won the admiration and loyalty of the grassroots.

That fight, Risner’s role in it, and the vastness of the County corruption earned little air time or column space. We don’t air our dirty laundry when the boys’ boxers are in the hamper.

In 1975, when investigative reporting still existed, Fred Allison of KGUN 9 News did a story about Risner and the secret agent from the Pima County Sheriff’s Office who was assigned to shadow him. It is hard to gauge the impact the report had on viewers at the time. It aired once. No relics of a follow-up can be found.

(Today, in Tucson, it would not be covered by the mainstream media, or even the tragically hip tabloids. They all crawled into bed together sometime back in the 1980’s but the citizens were the only ones who got screwed.) `

The following is an account from Risner to one of Tucson other tireless transparency advocates; John Brakey:

In the fall of 1975 on Channel 9 News had press coverage over allegations by someone that the Pima County Sheriff had wanted deputies to be on the lookout for Pima County supervisor Ron Asta in order that they might catch him in a compromising condition and stop him for a DU. Asta, an urban sprawl foe, who had earned of the wrath of developers, had not supported a larger budget for the Sheriff’s Office.

Risner ran into a television reporter while visiting the Pima County supervisor’s office. The reporter asked Risner if he knew about the Sheriff’s Office targeting anyone for political reasons. Risner said he had been targeted. The reporter asked Risner if he would agree to an interview. Risner, who is more sophisticated than the average bear, refused but suggested that he interview “his agent” who had worked for the Sheriff’s Office while targeting Risner.

Risner gave the reporter the agent’s name and telephone number. The reporter called him and the agent agreed to be interviewed for TV but only with a camera on the back of his head. Bill Risner then agreed to be interviewed for the segment.

(Back then, as it is now, if you tell a story that exposes their corruption, you will be crushed if you are the only one telling the truth. Even if you aren’t the only one telling the truth, if no one else has the nerve to tell it publically; you are toast. You can count on the cronies of the powers-that-be to line up to lie about you and marginalize you in every manner available. It’s the Tucson way.)

Bill Risner first learned that he had a “personal” agent one evening while he was visiting the Pima County Jail to see a client. A person standing behind the desk asked Risner if he recognized him. Risner said no, he did not. The man told Risner that he should he had been “his agent.” Risner said “let’s talk.”

Risner asked as they walked outside, “What do you mean?”

Risner’s agent told him that he went anywhere he thought Risner would be or where he could hear who Risner was talking to and what Risner was saying. If, for example, Risner spoke to a college class, the agent would be there pretending to be a student with a spiral notebook to take notes.

The agent then wrote weekly reports that were distributed to the Sheriff’s Office, the FBI, the State Police, the Tucson Police, and military intelligence.

Fred Allison reported it all. Both men shared their stories and Tucson continued slouching toward 1984.

In 2014, Risner is now trying to expose what many believe was a deal to sell off valuable public property at illegal below-market prices to the cronies of the powers-that-be. He represented concerned citizens who wanted to see the records of the negotiations that they, as citizens, are legally permitted to view.

Although the number of developers have dwindled, in the 8th poorest metropolitan area in the country, guys like Don Diamond still pull the strings of the elected officials on every level of government in Arizona.

A Pima County Superior court judge ruled against the City, for its failure to comply with public records requirements and awarded plaintiffs $15,800.00. The judge found, “COT’s slipshod approach to Ms. Cruz’s request, unreasonably expanded and delayed the resolution of this matter….”

That is it in a nutshell.

The powers-that-be have unreasonably delayed so many possible resolutions to so many of our community’s problems in an effort to maintain the status quo. Guys like Bill Risner don’t divide and conquer; they uncover. And given the all the information, people of good will can make the right decisions and resolutions.