Wednesday, February 5, 2025

Closing The Loop: Bohen Absolved of Alleged Open Meeting Law Violation That Wasn't

Closing the loop
We will revisit some unresolved issues from time to time—to update you, to "close the loop." Too often, the resolution of an issue does not get reported. Instead, all that is remembered is the accusation, even when it was proven false. Here's an example.

Open Meeting Law complaint against former councilmember Tim Bohen dismissed by State
In 2023, Oro Valley Town Attorney Tobin Sidles filed an Open Meeting Law complaint (OML2023-0020) against former Councilmember Tim Bohen. The complaint alleged that Bohen had improperly disclosed a February 1, 2023, memo written by attorney Jonathan Rothschild. It suggested that Bohen may have shared the memo on social media, potentially violating Open Meeting Law by disclosing privileged information.

Bohen denied the accusation, stating he was not even remotely guilty. Despite this, the complaint was filed and became part of the public record.

The Findings--No basis for complaint

The Arizona Attorney General’s Office reviewed the complaint and determined that no violation had occurred. Key findings include:
- No social media post containing the memo was ever presented as evidence.
- No proof linked Bohen to the alleged disclosure.
- The memo itself did not fall under executive session protections, meaning its release did not violate Open Meeting Law.

In other words, the complaint against Bohen was unfounded and unsubstantiated.

At the time of the complaint, Bohen had voiced concerns about the town’s outside attorney
During his final year on the Council, Bohen raised concerns about the town’s legal representation. The law firm Mesch Clark Rothschild continued to provide services and bill the town even after its contract expired on September 6, 2024. The firm’s contract renewal was not approved until November 6, 2024—minutes after Bohen’s term on the Council had ended. Bohen, who had consistently opposed renewing the firm’s contract, still questions whether the delay was intentional, preventing him from publicly raising concerns before the Council’s decision. 

We've Closed the Loop on This One
Now that the facts are clear, we wanted to ensure this matter is properly addressed. Once an accusation is made, it can remain in the public record—even when the person involved is fully exonerated. In this case, the Arizona Attorney General determined that no violation occurred. That’s why we are closing the loop on this one.
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