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Mayor wants investigation to proceed
Suagee, Tipton allege Fenn violated conflict laws
Thelma Grimes/San Pedro Valley News-Sun
In a 4-3 vote last Wednesday, the Benson City Council decided to have the city attorney conduct an investigation into whether or not Benson Mayor Mark Fenn has violated state conflict of interest laws.
Originally Councilwomen Kathy Suagee and Dianne Tipton were asking the council to have a third party attorney hired to conduct the investigation, but after finding out it could cost more than $25,000, the motion failed in a 5-2 vote.
Instead, the council said City Attorney Thomas Benavidez would conduct the investigation by interviewing those involved in the conflict of interest accusations. After the investigation, Benavidez will submit his findings to the council in writing.
The council had no other choice than to approve the investigation, as Benavidez said if a third party were hired, he would consider it his ethical duty to conduct one anyway.
"If you don't direct me to engage an outside person, I feel that I would have the professional responsibility to undertake the investigation," he said. "Professionally and ethically, I would do it. It's my responsibility as your city attorney to do this."
However, it won't be done at his regular pay. Benavidez said he will have to be paid extra at $150 an hour to conduct the investigation.
Vice Mayor Toney King, Councilwoman Lori McGoffin and Councilman Al Sacco voted against the measure.
McGoffin said she didn't think an investigation was necessary; noting that she thought the issue had been taken care of weeks ago.
"Many of the major concerns presented all happened in the last year," she said. "Recently, we passed a better outline of what we as a council are allowed to do. I thought everything was worked out, I accepted what Mark said and he told me he learned a valuable lesson and we need to just move on."
McGoffin received a round of applause from the more than 60 residents in attendance with the majority of them showing their support of Fenn.
"Here we go again, after the past three weeks that we've heard both sides and thought that everything was resolved," said Frank Sanford. "I think the mayor stepped up to the plate and came out in the open about everything by the article and his letter to the citizens. Maybe some mistakes were made, but they were corrected. I really thought the circus left town last week, but evidently it hasn't. Now they are looking at this when they have responsibilities in other areas of the city."
Several business owners stood up to tell the council they are ashamed of them and their behavior over the last several weeks, noting that Benson has become a laughing stock.
"I am embarrassed to say I have a business in town," said business owner Jean Ruiz. "Shame on you, Shame on you. This is one time you should stand up and support our leaders. Our leader that we are paying for, our leader that is giving us direction. Shame on you all. Quit your fighting and get back to business. Take care of the city of Benson."
Several residents, including Pat Christensen, said Fenn was elected by a wide margin and they wanted him, a developer, to help move the city forward.
"Benson is in the process of growing," Christensen said. "Who do we want to lead that? Someone who knows nothing about development, who doesn't know what it takes? Or is it best to have people like Mark Fenn who knows something about it and has contacts?
I voted for Mark Fenn because he was a developer. What is the ulterior motive here? Maybe we should be investigating why the investigators want to investigate Mark Fenn."
Former Benson mayors George Scott and David DiPeso also spoke. The two said they are concerned about the direction the city is headed and said Suagee and Tipton, along with City Manager Martin Roush, are heading down a dangerous path.
Scott said Tipton is starting to show a pattern in her behavior. The former mayor said when he was in office and the former City Manager Boyd Kraemer was in charge, she threatened to have them investigated. When she became angry with former City Attorney Ann Roberts, Tipton wanted to have her investigated and pushed for her resignation, he said.
"Now she is calling for an investigation on Mayor Fenn," Scott said. "If he resigns, who's going to be next?"
Following the meeting, Scott said he and many others are angry about the situation and would like to see not only Tipton out of office, but also the council fire City Manager Roush.
Tipton called Scott's comments bully tactics, noting that she had documented proof on why she called for past investigations. Tipton also took a stab at Scott, stating she was happy he knew how to count.
While most of the speakers in the 45-minute call to the public were asking Tipton and Suagee to stop pushing for the investigation and expressed support for Fenn, a couple said he is a public figure and if an investigation is needed, so be it.
With an executive session on the agenda, council members had planned to discuss the issues behind closed doors. DiPeso said since they are public officials and if there is any evidence against Fenn, it should be conducted in front of the public.
"I've never seen anything this disgusting in city politics," DiPeso said. "There is a pattern emerging here that disturbs me greatly and I would like to see it stopped."
After Fenn said he also wanted everything open to the public, the council did not enter into executive session. However, Suagee and Tipton still refused to provide evidence to Fenn's actions, stating they were following advice from Benavidez.
One accusation was that a local developer had complained that Fenn used his position as mayor to take customers for his own development on the corner of 4th Street and Prickly Pear. Fenn asked City Manager Roush if he had received a complaint in writing or verbally from the developer in question. Roush said no.
When Suagee was questioned further, she said the developer did not call her, she called him on March 25, weeks after McGoffin said she thought the issue had been settled.
While Tipton was quiet through most of the meeting, Suagee found herself on the defensive most of the night and at times showed her frustration. The second-term council member said she doesn't want to conduct the investigation, but felt she has a responsibility to the city to look into the accusations.
"This isn't comfortable for anyone up here and it is not easy to ask for an investigation against someone you work with and respect," Suagee said. "But the question is, do you want a government that questions itself or do want a government that passes on everything? I think this town has passed on everything for a long time and Mrs. Tipton and I don't think we should pass on this."
Tipton said an investigation is a good thing because if Fenn is innocent it will show that, and if not, the council can take action as needed.
Stating he had nothing to hide, Fenn voted for the investigation along with Suagee, Tipton and Councilman John Lodzinski.
Lodzinski, who was also quiet for much of the meeting, said he would like to see an investigation conducted locally before the state got involved.
Thelma Grimes/San Pedro Valley News-Sun
In a 4-3 vote last Wednesday, the Benson City Council decided to have the city attorney conduct an investigation into whether or not Benson Mayor Mark Fenn has violated state conflict of interest laws.
Originally Councilwomen Kathy Suagee and Dianne Tipton were asking the council to have a third party attorney hired to conduct the investigation, but after finding out it could cost more than $25,000, the motion failed in a 5-2 vote.
Instead, the council said City Attorney Thomas Benavidez would conduct the investigation by interviewing those involved in the conflict of interest accusations. After the investigation, Benavidez will submit his findings to the council in writing.
The council had no other choice than to approve the investigation, as Benavidez said if a third party were hired, he would consider it his ethical duty to conduct one anyway.
"If you don't direct me to engage an outside person, I feel that I would have the professional responsibility to undertake the investigation," he said. "Professionally and ethically, I would do it. It's my responsibility as your city attorney to do this."
However, it won't be done at his regular pay. Benavidez said he will have to be paid extra at $150 an hour to conduct the investigation.
Vice Mayor Toney King, Councilwoman Lori McGoffin and Councilman Al Sacco voted against the measure.
McGoffin said she didn't think an investigation was necessary; noting that she thought the issue had been taken care of weeks ago.
"Many of the major concerns presented all happened in the last year," she said. "Recently, we passed a better outline of what we as a council are allowed to do. I thought everything was worked out, I accepted what Mark said and he told me he learned a valuable lesson and we need to just move on."
McGoffin received a round of applause from the more than 60 residents in attendance with the majority of them showing their support of Fenn.
"Here we go again, after the past three weeks that we've heard both sides and thought that everything was resolved," said Frank Sanford. "I think the mayor stepped up to the plate and came out in the open about everything by the article and his letter to the citizens. Maybe some mistakes were made, but they were corrected. I really thought the circus left town last week, but evidently it hasn't. Now they are looking at this when they have responsibilities in other areas of the city."
Several business owners stood up to tell the council they are ashamed of them and their behavior over the last several weeks, noting that Benson has become a laughing stock.
"I am embarrassed to say I have a business in town," said business owner Jean Ruiz. "Shame on you, Shame on you. This is one time you should stand up and support our leaders. Our leader that we are paying for, our leader that is giving us direction. Shame on you all. Quit your fighting and get back to business. Take care of the city of Benson."
Several residents, including Pat Christensen, said Fenn was elected by a wide margin and they wanted him, a developer, to help move the city forward.
"Benson is in the process of growing," Christensen said. "Who do we want to lead that? Someone who knows nothing about development, who doesn't know what it takes? Or is it best to have people like Mark Fenn who knows something about it and has contacts?
I voted for Mark Fenn because he was a developer. What is the ulterior motive here? Maybe we should be investigating why the investigators want to investigate Mark Fenn."
Former Benson mayors George Scott and David DiPeso also spoke. The two said they are concerned about the direction the city is headed and said Suagee and Tipton, along with City Manager Martin Roush, are heading down a dangerous path.
Scott said Tipton is starting to show a pattern in her behavior. The former mayor said when he was in office and the former City Manager Boyd Kraemer was in charge, she threatened to have them investigated. When she became angry with former City Attorney Ann Roberts, Tipton wanted to have her investigated and pushed for her resignation, he said.
"Now she is calling for an investigation on Mayor Fenn," Scott said. "If he resigns, who's going to be next?"
Following the meeting, Scott said he and many others are angry about the situation and would like to see not only Tipton out of office, but also the council fire City Manager Roush.
Tipton called Scott's comments bully tactics, noting that she had documented proof on why she called for past investigations. Tipton also took a stab at Scott, stating she was happy he knew how to count.
While most of the speakers in the 45-minute call to the public were asking Tipton and Suagee to stop pushing for the investigation and expressed support for Fenn, a couple said he is a public figure and if an investigation is needed, so be it.
With an executive session on the agenda, council members had planned to discuss the issues behind closed doors. DiPeso said since they are public officials and if there is any evidence against Fenn, it should be conducted in front of the public.
"I've never seen anything this disgusting in city politics," DiPeso said. "There is a pattern emerging here that disturbs me greatly and I would like to see it stopped."
After Fenn said he also wanted everything open to the public, the council did not enter into executive session. However, Suagee and Tipton still refused to provide evidence to Fenn's actions, stating they were following advice from Benavidez.
One accusation was that a local developer had complained that Fenn used his position as mayor to take customers for his own development on the corner of 4th Street and Prickly Pear. Fenn asked City Manager Roush if he had received a complaint in writing or verbally from the developer in question. Roush said no.
When Suagee was questioned further, she said the developer did not call her, she called him on March 25, weeks after McGoffin said she thought the issue had been settled.
While Tipton was quiet through most of the meeting, Suagee found herself on the defensive most of the night and at times showed her frustration. The second-term council member said she doesn't want to conduct the investigation, but felt she has a responsibility to the city to look into the accusations.
"This isn't comfortable for anyone up here and it is not easy to ask for an investigation against someone you work with and respect," Suagee said. "But the question is, do you want a government that questions itself or do want a government that passes on everything? I think this town has passed on everything for a long time and Mrs. Tipton and I don't think we should pass on this."
Tipton said an investigation is a good thing because if Fenn is innocent it will show that, and if not, the council can take action as needed.
Stating he had nothing to hide, Fenn voted for the investigation along with Suagee, Tipton and Councilman John Lodzinski.
Lodzinski, who was also quiet for much of the meeting, said he would like to see an investigation conducted locally before the state got involved.
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