During its Sept. 17 meeting the Town Council deadlocked on the question of whether Gayle Earle should be appointed to fill the council seat vacated by Sharron Grzbowski. After the motion failed, Mayor Dickey decided not to readdress the issue by adding it to the agendas for the two meetings, scheduled before the election.  

State Representatives Kolodin and Chaplik announced they were asking the Attorney General to investigate whether or not Mayor Dickey’s failure to add Earle’s appointment to the agendas of the October meetings violated state law.

In response, Councilmember Friedel issued a press release that included the following statement: “The AG will investigate Mayor Dickey’s unwillingness to agendize filling the vacancy while the State Treasurer will be required to hold back the shared state funds for the town, effectively bankrupting Fountain Hills until the complaint is resolved.” 

Friedel’s statement was both alarming and untrue. When this statement was published the AG had not acknowledged or responded to the legislators’ request. Ten days later the AG determined that, because it lacked jurisdiction, there would be no investigation.   

In addition, the State Treasurer is not required or allowed to withhold funds during an investigation.  Under the appliable statutes, funds could have been withheld from Fountain Hills only if, during the investigation, the Attorney General identified an ongoing violation of state law, and the violation was not corrected within a 30-day period. In addition, funds that are needed to meet its debt obligations can never be withheld.  

As a councilmember, Friedel is ethically obligated to safeguard public confidence in town government. It appears Friedel violated this obligation by recklessly making a statement that he must have known would undermine public confidence. Will he now issue a retraction and apologize?

Reader reactions, pro or con, are welcomed at AzOpinions@iniusa.org.