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Attorney General's probe of city continues
Thelma Grimes/San Pedro Valley News-Sun
While the controversy and City Council fireworks happened throughout much of 2008, the Arizona Attorney General's office appears to be interested in events from 2006 and 2007.
Over the last year, Mayor Mark Fenn and Councilwoman Lori McGoffin were accused of violating state conflict of interest laws; and former council members Kathy Suagee and Dianne Tipton were recalled.
There were many council meetings where tensions ran high, arguments took place and the audience was packed to see what would happen next in the City Council drama.
Besides council level drama and controversy, Martin Roush was terminated as city manager in July, and Building Official Mike Lockett resigned in early October.
All of these changes are due to accusations levied against Mayor Fenn last March. It was said then that Fenn intimidated city employees to get ahead in his private business, Fenn Homes, and violated state laws using his public position.
The city even went as far as spending more than $18,000 to have a Tucson attorney investigate seven allegations levied against Fenn by Roush and Lockett, and pushed publicly by Suagee and Tipton.
The investigation yielded a non-committed report, stating the Tucson attorney had concerns over three of the seven allegations against Fenn. Since the report was made public, the former council members have supplied a copy with the Attorney General's office, which appears to be conducting an investigation.
The Attorney General's office has said they cannot confirm or deny that an investigation is taking place.
When the council moved forward to terminate Roush in July, accusations against McGoffin came out, stating she had violated the state's conflict of interest laws because her husband, Troy McGoffin, works for the Benson Police Department.
In a grand jury subpoena, the Attorney General's office requested a lot of information from 2006 and 2007.
One of the requests is the minutes from City Council meetings held in June of 2007. City Clerk Vicki Vivian provided the state office with a copy of the minutes from five meetings held during that time.
The first meeting held was on June 11, 2007. At the time, Fenn and McGoffin were regular City Council members, and George Scott was mayor.
In the June 11 meeting it was business as usual except for a couple of agenda items involving McGoffin.
The council approved Resolution 19-2007, appointing Keith Spangler as the chief of the Benson Fire Department. The measure passed 6-0, with McGoffin voting present.
Another item approved by the council was the agreement for legal services between the city and Ann Roberts, of the Battaglia & Roberts Law Firm.
Roberts received a one-year contract renewal in the meeting, which was held a month before new council member Tipton was to be sworn into office.
Later that same year, Roberts' contract became the source of controversy with Tipton and Suagee alleging that the wrong contract was signed into record, and the error between the one approved and the one signed by the mayor was Roberts' fault.
Another city attorney was later hired, and has opted not to renew his contract this year. When the city began the search for a new city attorney, Roberts again applied.
Since resigning as the city attorney, Roberts has served as the city prosecutor for $54,000 a year. When applying for the city attorney position, Roberts said she felt she could help the city.
With Roberts being considered, the recalled council members again objected in a recent City Council meeting, stating that Roberts had changed her original contract, forcing her resignation last year, that it would cost the city too much money and that council members McGoffin and Al Sacco had conflict of interests in the matter.
McGoffin and Sacco were said to have a conflict in this instance because they are friends with Roberts. During the Nov. 25 meeting, current City Attorney Thomas Benavidez said the two council members could legally discuss, and vote on the measure. The council then agreed to hire Roberts as the interim city manager for six months.
Roberts is still considering the offer.
Also on the June 11, 2007 record of minutes, the Attorney General may be looking into the council passing the 2007-08 tentative budget, which was passed in a 7-0 vote. McGoffin voted on the budget despite her husband's salary being one of the line items listed.
This goes to the specific accusations against McGoffin, who expressed concern earlier this year when her husband was promoted, but didn't receive the same salary increase as other officers. It was later explained to the first-term council member that her husband, who has been on the force for nearly 20 years, had topped out of his position.
McGoffin later said the explanation was satisfactory.
According to the minutes from the June 18, 2007 meeting, the lone thing on the council agenda was swearing in new council member Tipton, and reelected officials Fenn, John Lodzinski, Sacco and Suagee. No official action was taken during the meeting.
In a June 25, 2007 meeting, the council only discussed a water conservation plan, and no action was taken in the special meeting.
On June 25, 2007, during the regular council meeting, McGoffin asked the council to support her request that the budget contain a line item in the Parks and Recreation, Public Works and in the police department in the amount of $1,500 each to support a local kids' sports program.
In a special meeting on June 27, 2007, the council unanimously approved the 2007-08 budget with all council members, including McGoffin, voting yes.
Besides council meeting minutes, the Attorney General, led by investigators Rick Valencia and Mike Acosta, has requested the personnel files of former city manager Roush, Lockett and Troy McGoffin.
Roush and Lockett formed the accusations against Fenn, while Troy McGoffin's file has come under scrutiny because of his wife.
McGoffin's file was the thickest of the three files, representing nearly 20 years of work.
Roush's file contained a resume, job application, basic employment information, and a letter where a current city employee agreed to donate 64 hours of sick time to Roush.
Roush was often absent from City Hall when some of the more controversial events happened over the last year. Some of those instances were when Fenn was accused publicly of wrongdoing, and when building official Lockett had condemned a local shopping center.
Lockett's file had a good record of employment up until his last year with the city, where he received a reprimand for sending an email to the city's planning and zoning commissioner, where he referred to Walter Schmidt as the "adorable" president of the commission, instead of honorable.
Interim City Manager reprimanded Lockett for being unprofessional, in what Lockett said was a clerical error.
Lockett's other reprimand came from Roush, who said he needed to be more respectful to the City Council, especially at a public meeting.
The Attorney General also requested Vivian provided a copy of all conflict of interest statements declared by Benson City Council members between 2006 and 2007.
It is a lengthy file, with an explanation from Vivian.
In the Sept. 11 memorandum, Vivian said through research of state laws she had started to update conflict of interest records.
Part of updating the files, meant Vivian went through minutes from council meetings over the last few years and every time a council member abstained, or voted present, she included that in the conflict of interest file.
Besides requesting the official city documents, the Attorney General's office has also interviewed Councilman Lodzinski, Roush and Lockett. No other employees, or council members have been contacted or interviewed.
While the controversy and City Council fireworks happened throughout much of 2008, the Arizona Attorney General's office appears to be interested in events from 2006 and 2007.
Over the last year, Mayor Mark Fenn and Councilwoman Lori McGoffin were accused of violating state conflict of interest laws; and former council members Kathy Suagee and Dianne Tipton were recalled.
There were many council meetings where tensions ran high, arguments took place and the audience was packed to see what would happen next in the City Council drama.
Besides council level drama and controversy, Martin Roush was terminated as city manager in July, and Building Official Mike Lockett resigned in early October.
All of these changes are due to accusations levied against Mayor Fenn last March. It was said then that Fenn intimidated city employees to get ahead in his private business, Fenn Homes, and violated state laws using his public position.
The city even went as far as spending more than $18,000 to have a Tucson attorney investigate seven allegations levied against Fenn by Roush and Lockett, and pushed publicly by Suagee and Tipton.
The investigation yielded a non-committed report, stating the Tucson attorney had concerns over three of the seven allegations against Fenn. Since the report was made public, the former council members have supplied a copy with the Attorney General's office, which appears to be conducting an investigation.
The Attorney General's office has said they cannot confirm or deny that an investigation is taking place.
When the council moved forward to terminate Roush in July, accusations against McGoffin came out, stating she had violated the state's conflict of interest laws because her husband, Troy McGoffin, works for the Benson Police Department.
In a grand jury subpoena, the Attorney General's office requested a lot of information from 2006 and 2007.
One of the requests is the minutes from City Council meetings held in June of 2007. City Clerk Vicki Vivian provided the state office with a copy of the minutes from five meetings held during that time.
The first meeting held was on June 11, 2007. At the time, Fenn and McGoffin were regular City Council members, and George Scott was mayor.
In the June 11 meeting it was business as usual except for a couple of agenda items involving McGoffin.
The council approved Resolution 19-2007, appointing Keith Spangler as the chief of the Benson Fire Department. The measure passed 6-0, with McGoffin voting present.
Another item approved by the council was the agreement for legal services between the city and Ann Roberts, of the Battaglia & Roberts Law Firm.
Roberts received a one-year contract renewal in the meeting, which was held a month before new council member Tipton was to be sworn into office.
Later that same year, Roberts' contract became the source of controversy with Tipton and Suagee alleging that the wrong contract was signed into record, and the error between the one approved and the one signed by the mayor was Roberts' fault.
Another city attorney was later hired, and has opted not to renew his contract this year. When the city began the search for a new city attorney, Roberts again applied.
Since resigning as the city attorney, Roberts has served as the city prosecutor for $54,000 a year. When applying for the city attorney position, Roberts said she felt she could help the city.
With Roberts being considered, the recalled council members again objected in a recent City Council meeting, stating that Roberts had changed her original contract, forcing her resignation last year, that it would cost the city too much money and that council members McGoffin and Al Sacco had conflict of interests in the matter.
McGoffin and Sacco were said to have a conflict in this instance because they are friends with Roberts. During the Nov. 25 meeting, current City Attorney Thomas Benavidez said the two council members could legally discuss, and vote on the measure. The council then agreed to hire Roberts as the interim city manager for six months.
Roberts is still considering the offer.
Also on the June 11, 2007 record of minutes, the Attorney General may be looking into the council passing the 2007-08 tentative budget, which was passed in a 7-0 vote. McGoffin voted on the budget despite her husband's salary being one of the line items listed.
This goes to the specific accusations against McGoffin, who expressed concern earlier this year when her husband was promoted, but didn't receive the same salary increase as other officers. It was later explained to the first-term council member that her husband, who has been on the force for nearly 20 years, had topped out of his position.
McGoffin later said the explanation was satisfactory.
According to the minutes from the June 18, 2007 meeting, the lone thing on the council agenda was swearing in new council member Tipton, and reelected officials Fenn, John Lodzinski, Sacco and Suagee. No official action was taken during the meeting.
In a June 25, 2007 meeting, the council only discussed a water conservation plan, and no action was taken in the special meeting.
On June 25, 2007, during the regular council meeting, McGoffin asked the council to support her request that the budget contain a line item in the Parks and Recreation, Public Works and in the police department in the amount of $1,500 each to support a local kids' sports program.
In a special meeting on June 27, 2007, the council unanimously approved the 2007-08 budget with all council members, including McGoffin, voting yes.
Besides council meeting minutes, the Attorney General, led by investigators Rick Valencia and Mike Acosta, has requested the personnel files of former city manager Roush, Lockett and Troy McGoffin.
Roush and Lockett formed the accusations against Fenn, while Troy McGoffin's file has come under scrutiny because of his wife.
McGoffin's file was the thickest of the three files, representing nearly 20 years of work.
Roush's file contained a resume, job application, basic employment information, and a letter where a current city employee agreed to donate 64 hours of sick time to Roush.
Roush was often absent from City Hall when some of the more controversial events happened over the last year. Some of those instances were when Fenn was accused publicly of wrongdoing, and when building official Lockett had condemned a local shopping center.
Lockett's file had a good record of employment up until his last year with the city, where he received a reprimand for sending an email to the city's planning and zoning commissioner, where he referred to Walter Schmidt as the "adorable" president of the commission, instead of honorable.
Interim City Manager reprimanded Lockett for being unprofessional, in what Lockett said was a clerical error.
Lockett's other reprimand came from Roush, who said he needed to be more respectful to the City Council, especially at a public meeting.
The Attorney General also requested Vivian provided a copy of all conflict of interest statements declared by Benson City Council members between 2006 and 2007.
It is a lengthy file, with an explanation from Vivian.
In the Sept. 11 memorandum, Vivian said through research of state laws she had started to update conflict of interest records.
Part of updating the files, meant Vivian went through minutes from council meetings over the last few years and every time a council member abstained, or voted present, she included that in the conflict of interest file.
Besides requesting the official city documents, the Attorney General's office has also interviewed Councilman Lodzinski, Roush and Lockett. No other employees, or council members have been contacted or interviewed.
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Reader Comments
The following are comments from the readers. In no way do they represent the view of bensonnews-sun.com.
Mary L. wrote on Dec 5, 2008 4:40 PM:
" "What", is correct.
A lot of people got caught up in supporting the Mayor . That support was based on lies. Because of this, the wrong people were ousted. The three who have been on the council for over three years may even run again. These three covered up the truth. The present Mayor, Vice Mayor and the crybaby cop’s wife deserve to be dumped. "
A lot of people got caught up in supporting the Mayor . That support was based on lies. Because of this, the wrong people were ousted. The three who have been on the council for over three years may even run again. These three covered up the truth. The present Mayor, Vice Mayor and the crybaby cop’s wife deserve to be dumped. "
john jeffers wrote on Dec 6, 2008 8:41 AM:
" hey , you know, I thought fiction was ,well just the way you might finish here in the north end of cochise county . to far from good legal help . in any direction. why not advertise for a "mail order lawyer" but a qualified one, of course! "
ike in benson wrote on Dec 6, 2008 7:10 PM:
" in a fantasy world of christmas future ... your newspaper turned over a new leaf, thanks to that old- time mayan -calender , and is now blocking chatter , cold cuts, and consumme that comes to the defense of . 1.. hi wired acts, 2. wild ann-amal acts 3. magic acts 4. assorted crumbs and misdemeanors , now being performed by the ring masters of the B.C.C . and the B.C.C.C . ( benson council contracts clubb) . So, what will their next stepp be? "
What wrote on Dec 3, 2008 6:47 PM: