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End to meeting called before Suagee agenda item heard


Published: Tuesday, September 9, 2008 5:39 PM CDT
Thelma Grimes/San Pedro Valley news-Sun

It was an irregular ending to the Benson City Council meeting Monday night, as Councilwoman Dianne Tipton yelled at Interim City Manager Glenn Nichols to back off as a tape played over the loudspeaker.

Tipton and fellow council member Kathy Suagee made what could be their last meeting as elected officials interesting as the council remained divided over several issues, and the meeting was adjourned early before two agenda items could be discussed.

As per Suagee's request, the council was scheduled to discuss three controversial issues that involved the third-party investigation into whether or not Mayor Mark Fenn violated state conflict of interest laws, another issue involving the termination of former City Manager Martin Roush and a measure asking for the council to reprimand Nichols, who is also the city police chief.


Why Tipton and Suagee are asking for Nichols to be reprimanded will remain a mystery. After the council argued about the results of the Fenn investigation, Councilwoman Lori McGoffin moved to adjourn the council meeting instead of discussing the remaining two items involving Roush and Nichols.

After Vice Mayor Toney King was assured by City Attorney Thomas Benavidez that they were not violating any laws by ending the meeting early, the measure passed in a 4-3 vote. Voting in favor were Fenn, King, McGoffin and Councilman Al Sacco. Suagee, Tipton and Councilman John Lodzinski said no.

McGoffin said with Suagee and Tipton recently being recalled in the Sept. 2 election, there was no need to discuss the remaining two agenda items until newly elected council members David Lambert and Jo Deen Boncquet are sworn into office between Sept. 11 and Sept. 22.

The adjournment was not the final word from Tipton and Suagee. As the more than 40 in attendance were getting up to leave, many applauded McGoffin's motion and the council's decision, while Tipton asked people to stay for a press conference.

As Tipton was stating a press conference would take place, a recording began playing over the loud speaker in the City Council chambers. It was not obvious what the tape was, and who was responsible for playing it, until Tipton and Suagee took credit.

Nichols tried to bring order to the meeting, going up to Tipton asking her to stop the tape, but she told him to back off. Nichols then ordered City Clerk Vicki Vivian to turn off the sound system.

While the recording could not be understood, Tipton and Suagee began passing out copies of the CD, telling residents, council members and the press that it was proof that McGoffin violated state conflict of interest laws.

Suagee and Tipton made similar allegations against Fenn in March.

The recording, provided to the two council members by former city manager Roush, is a message left for him by McGoffin. The date of the less than 30-second recording was not stated, but Tipton and Suagee contend that McGoffin should not have been able to vote to terminate Roush in July specifically because of what was said in the recording.

In the recording, McGoffin is inquiring about a salary increase concerning her husband Troy McGoffin, who was recently promoted within the Benson Police Department. In a civil tone, McGoffin asks for clarification on the increase and why it is just over 1 percent, instead of 10 percent that usually comes with the promotion.

McGoffin said she doesn't feel she was violating any state laws by inquiring about the issue, while noting that her decision to fire Roush had nothing to do with her husband.

The first-term council member said she has copies of evaluations she conducted on Roush, telling him to improve his public relation skills. McGoffin said he never did, and he needed to go.

During the actual council meeting, the council continued to argue over what the do with the results of the third-party investigation conducted by Tucson attorney Mary Judge Ryan.

Ryan said of the seven allegations against Fenn, she had concerns with three, but said it would be up to the justice system to pursue charges if they felt the law has been violated.

After stating that she and Tipton have already forwarded a copy of the investigation results to the Arizona Attorney General's office, Suagee moved for the council to approve a resolution stating that the council supports the state office's taking a look at the case. Tipton seconded the motion.

King, Sacco and McGoffin said they didn't understand why a resolution was needed after the Attorney General already has the information anyway. After discussion, Suagee withdrew the motion.

Councilman John Lodzinski, who has been a silent ally for Tipton and Suagee, said it is time to move on with city business. The second-term council member said the investigation results are in and now it is up to the Attorney General's office to take action or not take action.

While Fenn became agitated several times during the more than 30-minute discussion, City Attorney Benavidez advised him not to speak.

After Sacco, Tipton and Suagee exchanged words several times, no action was taken.

In other business, the council voted unanimously to give $3,000 to the Benson Butterfield Rodeo Committee for the Oct. 11 event to be held at the Arena Bar. Last year the council donated $800 to the event, but was asked for more this year because sponsorship is tight in tough times.

The council also approved giving about $230 to the Benson Arts Commission to assist with a grant application to the Arizona Commission on the Arts.

In a 4-3 vote the council approved a resolution to allow off-track betting to occur at the Arena Bar. The council approved a similar measure last year. Fenn, Tipton and Suagee voted against the measure.



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The following are comments from the readers. In no way do they represent the view of bensonnews-sun.com.

Watching much closer now wrote on Sep 10, 2008 8:20 AM:

" Fenn, King, McGoffin and Sacco must be hiding something if they are afraid to address agenda items. Why are they afraid to bring these items forward? Is it because more then Fenn has conflict of interest problems. Maybe the ones who protested loudest are the true culprits. Watch the skipped agenda items now disappear forever. What are they truly afraid of? Ending the meeting early so the items did not have to be addressed is a cowards way out. Benson don’t let them get away with these cheap stunts. Failure to show up for meeting and now ending the meeting before agenda items are discussed are the cheapest of dirty tricks. Folks we have a bunch of elected cowards. It appears the wrong people were dumped and it is now all coming to light. "

Once again wrote on Sep 10, 2008 11:58 AM:

" The relevance to the tape that was played is this Thelma.

In your August 20, 2008, News article about a council woman speaks out. Lori McGoffin specificly stated that she was not going to vote for Roush's termination in the begining but that she decided to vote to terminate him because he started a vicious rumor that said that she was upset about her husbands raise.Mc Goffin goes on to say that her husbands raise was not an issue for her. Keeping in mind that a vicious rumor would be untruthful, the tape proves different and it comes from McGoffins own mouth.

The tape that was played recorded the date to be July 22, 2008 wherein Lori Mc Goffin specificly complains to Mr. Roush about the raise. She says it couldn't possibly be right and instructs Mr. Roush to get back to her before she sends her husband Troy down there or to AZCOPS. That was a threat and she was interfearing with the process concerning her husbands raise which she knows is a violation of the conflict of interest laws. She didn't get what she wanted and she was angry. 6 days later she voted to terminate Martin Roush and publicly states this is why.

Ms. McGoffin has refrained from voting many times concerning the budget and any other finacily beneficial items to her or her husband on the agenda because she knows full well that it is a conflict of interest. Why does the News Sun continue to try to protect these council members.

Of course Ms. McGoffin has recently learned that you can commit conflict of interest and it is OK according to our Mayor and our community. Mc Goffin and Fenn should resign.
They took an oath of office to uphold all laws without discrimination and they are NOT standing true tho thier oath. "

bias wrote on Sep 10, 2008 12:21 PM:

" Thelma

I am disappointed. Let's take a second look at your story.

You write that Tipton yelled at City Manager Glenn Nichols. She did not yell at him nor was she intimidated as he rushed her on the dais. She told him to back off very firmly and if it wasn't for her calmness the situation might well have escalated as Chief Nichols might well have desired.

I would say that Nichols was wearing his Police Chief chapeau at that moment, although I'm not sure why he thought it necessary to storm the stage and start demanding anything then. He never demanded the ugly crowd that was there to be quiet and stop hurling insults. Apparently only certain people get his special attention.

As a journalist you should be able to find out why Nichols was being reprimanded. He yelled at Tipton after the meeting where Mary Judge Ryan made her report on the investigation, because she merely asked Ryan if the report was public. Thelma you were there when this happened as was the city attorney. (And by the way Chief Nichols was never sworn to secrecy by the city attorney nor asked to put "confidential" on that report.) Chief Nichols later told a city employee that he "put that "b " in her place" Now Mike Lockett was reprimanded for less and told that he had to be respectful of council members. So the question remains will the Chief be held to the same standard. Probably not in Benson.

As to McGoffin saying there was no need to discuss the remaining two agenda items until the new council members are sworn in...how lame is that. Who is going to present the situation that caused Nichols to be put up for reprimand in the first? And do you know how bad this looks for the integrity of the Benson City Council?

And regarding talking about heading off a possible lawsuit by Roush, this would be a smart thing to do and maybe even get some legal advice from the city attorney along the way instead of Al Sacco.

Nichols was not trying to bring order to the meeting as you state. He was attempting to intimidate Tipton and cover for his friends. He had his opportunity to bring order to the meeting when the supporters of Mayor Fenn were yelling and disorderly earlier. He chose not to and let it go on and on.What a big man. He will take on a little woman but does nothing when faced with a mob of Fenn supporters.

Thelma, you left out the part in the tape where McGoffin threatens to send her husband off to the union. And yes it was a civil tone, but yet another example of Benson elected officials stomping on statutes.You would think that these people would start to understand what conflict of interest is all about, take it seriously and act accordingly as they swore to do when they took their oath.

Yes, finally someone told Fenn not to speak. My God the man is under investigation and seemingly isn't smart enough to keep his mouth shut. I don't think he gets that it is the AG's office that will ultimately hold him accountable and that the people of Benson have not been told the whole truth nor do they have the proper legal perspective in which to put the info they do get.

Who is advising Fenn? Al "I can assure you" Sacco? He might just assure Fenn into even deeper trouble. You go Big Al.

Mayor Fenn get yourself some competent legal representation and do what he tells you. "

WTH wrote on Sep 10, 2008 1:13 PM:

" Benson has truly reverted back to the mid and late 90's. Days when a Mayor could get most anything they wanted.. Remember when Mayor Crawford had his property annexed into the city? This allowed him to have city water and gas plus city police/ fire protection for his new home. A paved road was also approved to run by his property. WOW what a stroke of luck he had. Kathy Suagee ran against Crawford pledging honest government. She won easily and has been a huge target since.

The present Mayor has conflict of interest allegations hanging over his head. Some of these charges resulted in true findings by a outside independent investigator hired by the City Council. The City Manager (now fired) gave testimony to the independent investigator. The conflict question was brought to light by Councilwoman Suagee (now recalled) This Mayor is also the person who signed favorable changes made to then City Attorney Roberts contract. The changes he signed were different from changes approved by the City Council. This error was discovered by Councilwoman Tipton (now recalled). Little mention is ever made of the court case brought against Mark Fenn that was quietly dropped in June 2002, when Roberts was City Attorney

The point is: Who is going to watch what is going on at city hall now? Is Benson setting its self up to be like a prison run by convicts. Don’t count on the newspaper. It seems to think Fenn (and some others) walk on water. Ever wonder why your sales taxes are still paying for the old water treatment plant? (Another 90's secret) If you are for honest government in Benson, step forward and stick your neck out. It will soon be chopped off. Benson has allowed it to happen.

The City Council should demand the Attorney General hold an investigation or are they afraid what a full investigation will bring? Is there more to hide? Council members not attending meetings and failure to cover all agenda items should make everyone leery about our elected leaders.

I doubt if this newspaper will print this. "

I agree with WTH. wrote on Sep 11, 2008 11:39 AM:

" When Crawford was Mayor, his brother in law was getting paid as both City Attorney and City Manager. Former City Attorney Roberts is this mans daughter and also Crawford’s niece. The city had basically a “rubber stamp” city council. I believe the some members of city government were also under investigation by the Attorney General involving land development. Anyone who disagreed with them was quickly put in their place or disposed of.

Councilwoman McGoffin said at first she was looking forward to discussing the agenda items. Yet it was her who made the motion to close the meeting early before all items were heard. It sure appears as if she had been set straight on her thinking and she wanted to keep her job. Once again she flip flopped. The same is true of the Vice Mayor. I doubt if he came up with cutting the meeting short on his own. He was only doing as he was told.

It look like the 90's guys are back but wearing disguises. "

Nichols storms stage wrote on Sep 11, 2008 12:35 PM:

" helma

I am disappointed. Let's take a second look at your story.

You write that Tipton yelled at City Manager Glenn Nichols. She did not yell at him nor was she intimidated as he rushed her on the dais. She told him to back off very firmly and if it wasn't for her calmness the situation might well have escalated as Chief Nichols might well have desired.

I would say that Nichols was wearing his Police Chief chapeau at that moment, although I'm not sure why he thought it necessary to storm the stage and start demanding anything then. He never demanded the ugly crowd that was there to be quiet and stop hurling insults. Apparently only certain people get his special attention.

As a journalist you should be able to find out why Nichols was being reprimanded. He yelled at Tipton after the meeting where Mary Judge Ryan made her report on the investigation, because she merely asked Ryan if the report was public. Thelma you were there when this happened as was the city attorney. (And by the way Chief Nichols was never sworn to secrecy by the city attorney nor asked to put "confidential" on that report.) Chief Nichols later told a city employee that he "put that " b" in her place" Now Mike Lockett was reprimanded for less and told that he had to be respectful of council members. So the question remains will the Chief be held to the same standard. Probably not in Benson.

As to McGoffin saying there was no need to discuss the remaining two agenda items until the new council members are sworn in...how lame is that. Who is going to present the situation that caused Nichols to be put up for reprimand in the first? And do you know how bad this looks for the integrity of the Benson City Council?

And regarding talking about heading off a possible lawsuit by Roush, this would be a smart thing to do and maybe even get some legal advice from the city attorney along the way instead of Al Sacco.

Nichols was not trying to bring order to the meeting as you state. He was attempting to intimidate Tipton and cover for his friends. He had his opportunity to bring order to the meeting when the supporters of Mayor Fenn were yelling and disorderly earlier. He chose not to and let it go on and on.What a big man. He will take on a little woman but does nothing when faced with a mob of Fenn supporters.

Thelma, you left out the part in the tape where McGoffin threatens to send her husband off to the union. And yes it was a civil tone, but yet another example of Benson elected officials stomping on statutes.You would think that these people would start to understand what conflict of interest is all about, take it seriously and act accordingly as they swore to do when they took their oath.

Yes, finally someone told Fenn not to speak. My God the man is under investigation and seemingly isn't smart enough to keep his mouth shut. I don't think he gets that it is the AG's office that will ultimately hold him accountable and that the people of Benson have not been told the whole truth nor do they have the proper legal perspective in which to put the info they do get.

Who is advising Fenn? Al "I can assure you" Sacco? He might just assure Fenn into even deeper trouble. You go Big Al.

Mayor Fenn get yourself some competent legal representation and do what he tells you. "

Children Behave wrote on Sep 11, 2008 1:04 PM:

" Here we go again! A bunch of school children who can't play together. Enough is enough the city council needs to grow up. The two bullies are now gone. I hope the new city council members are more mature. I have seen children behave better on the playground. "

Mike Jackson wrote on Sep 11, 2008 2:02 PM:

" The City Attorney advised Fenn not to speak? Who does the Attorney represent? If the Attorney represents the City, why not let Fenn say something that might help the City? If the Attorney represents only Fenn, and not other officials involved in a conflict with Fenn, when was that decision made? "

Albert Turk wrote on Sep 11, 2008 2:22 PM:

" Why don't you put your name on your comments?

If there is criminal wrongdoing on the part of Mayor Fenn the results of the investigation have been sent to the Attorney General, end of story. How long do you want to beat the same dead horse? It is interesting to read the history of Benson city politics on the local radio station's web site, and how the names have changed but the players remain the same. "

Not again wrote on Sep 11, 2008 2:39 PM:

" What kind of city council are we running here in Benson? The city council is making the Benson town residents look like fools. Week after week it is the samething over and over again blame this person blame that person.

We need a real city council not these bickering children. What have the city council accomplished in the last two meetings? Nothing! Hopefully the next meeting the city council will get something accomplished on the agenda. Please stop the blame game we are not in Jr. High. "

Embarrased wrote on Sep 11, 2008 10:02 PM:

" I proudly grew up in the San Pedro Valley. I still live in the state and visit occasionaly. You should all be ashamed of your childish antics. What is so difficult about choosing the high road? This is an embarrassment to the community.

Frankly, I'm not sure what to believe. But I can't believe how this is such a pathetic mess. "

Frank Edward Blanchard wrote on Sep 12, 2008 10:48 AM:

" I personally find it interesting our four Horsemen of Benson seem to get away with everything when breaking laws even the police Chief can have a turn" at that".
Or is he afraid? If he said anything he would be a grocery clerk" somewhere. Intimidation alive and well in City Government?

I think we need to rethink what is going on in our City Government. Talk about dirty rotten politics" as for the council member who helped fire the late city manager" Conflict of interest you bet.
It seems very interesting considering the CD tape" and what was on it. Absolute evidence of actions breaking conflict of interest laws.
Anyone that lived in Benson for any length of time knows we have the most rotten apples around"
why should City Government be any different just a little more dirty underhanded tricky,

The rotten apples in city council have removed everyone that stood in their away for what ever reason, to cover up something? To hide evidence? And removing obstacles so they can lign their pockets? Or remove obstacles for personal reasons?
Will this despicable behavior ever stop.
Benson has never changed it has absolutely reverted back to the rotten old days when only a few run the community and lined their pockets.
But don't worry there will be a group watching everything they do from now on as long as they are in City Government.
I do believe they bear watching, what will they try next? Them rotten apples will spoil the barrel just look what has happened already.
I urge everyone who is concern about these violations of conflict of interest laws to write a letter to our state Attorney General urging them to proceed with an investigation and in the Mayor's case start proceedings . These people should not get away with this behavior.

Now I was unfair to the police Chief however where is the apology to the city council for his actions that cause such strife with two council members?
Or is he above reproache as well?
What is around the next corner will they continue with their despicable behaviors, or will they see the light and get out of City Government before the Axe falls?
And face criminal charges? "

stay home wrote on Sep 12, 2008 5:08 PM:

" The rights of the people of Benson went out the window when the meeting was adjourned without finishing all agenda items. Now the council only acts on items they want. This was an injustice pulled off by four cowards. None of you deserve one spot of respect. You failed to show up for the previous council meeting so you did not have to deal with the same items. Stay home and hide for all meetings, we don’t need you. You shame the city. "

too much drama wrote on Sep 12, 2008 9:19 PM:

" When are the Suagee and Tipton supporters going to stop feeding into the Dram Queens (Suagee and Tiptons) attempt to create another Benson City Council Circus, get over what happened yesterday, stop finger pointing and start focusing on working together to find solutions that will prevent the current and future council members,the Mayor and City employees from making the same mistakes. "

Ashamed wrote on Sep 13, 2008 10:07 AM:

" To embarrassed
I agree with you that people don't know what to think but the facts are that this is a mess because the Mayor of Benson chose to make it one.
First by his breaking of the law and all ethics and then by throwing the whole discussion into the public arena.. Those are the FACTS.

This circus has been totally caused by the Mayor and his attempt to to escape answering for what he has done.

He has made once good people choose between him and his family name and what is right. Why people have chosen to bow down to him is beyond me.

He has lost all credibility and respect from those who still do their own thinking.

You can not believe what you read in the paper and you should all be alarmed by the fact that the News Sun hides behind the 1st amendment. They know that they can lie if they want to and no one can do anything about it. They could choose to be ethical, but they do not. Start Thinking for yourselves Benson. Investigate before you believe what you read. They should do that but often don;t. It is disgraceful. "

Concerned City Employee wrote on Sep 13, 2008 1:06 PM:

" Martin Roush was a poor City Manager. The fact that the relationship of the City Council degraded to this point is the result of the several of the actions he took.

Mr Roush was afraid to give up, or delegate power or responsibilities. He failed to hire key positions in the City., ie a City Planner, and did not relate to the rank-and file employees very well. or at all.
In a small town like Benson, it is "normal" to have community leaders wear different hats. There are bound to be conflicts. They may be avoided, corrected or mitigated with a pro-active information campaign for city leaders. A simple memo addressed to Council and Commision members as well as city employees would head off 99 percent of the problems. This is the way normal cities handle such problems. The fact that Mr. Roush chose to go to the County Attorney without the knowledge or consent of the city reflect poorly upon his judgment. It is up to the City Council, elected on behalf of the voters and citizens of Benson, to give the City Staff the future direction the City will take.With these distractions behind it, the Council should focus on hiring competent staff and give clear directions! "

This is Ridiculous wrote on Sep 14, 2008 7:14 AM:

" This all is just a pathetic mess! It's obvious that the 2 "evicted" council members are just trying to cause problems. I think it was pretty ingenious of the council to end or cancel the meetings before the resident trouble makers could cause any more grief.
As to "Bias" or "Nichols Storms Stage" or whatever you call yourself, attacking the reporter is a bit uncalled for. Thelma reported what she witnessed. Why don't you go after the people you're really upset with and leave the innocents alone. Are you afraid Thelma might discover or reveal something you don't want her to?
Keep up the good work, Thelma. Don't let these bullies drag you into their B.S.
I think the entire city council should be ashamed of themselves for bickering like a bunch of spoiled children. I have a four year old who behaves better! "

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