Bits and Pieces

Congratulations to Misti Nowak on 15 years with Oro Valley

A shoutout to Misti Nowak, Oro Valley’s Communications & Marketing Administrator, on 15 years of service to the Town. Nowak has led the Town’s communications and marketing efforts through major community initiatives, public information campaigns and events, including Oro Valley’s 50th anniversary celebration. Her team has also earned national recognition from the City-County Communications & Marketing Association for its work in public-sector communications. Congratulations to Misti on this milestone and on 15 years of helping keep Oro Valley residents informed and engaged. 

Two Town prosecutors reportedly resigning
LOVE has been alerted that Oro Valley’s two Town prosecutors have both decided to resign and are expected to move to positions with Pima County. According to the information provided to LOVE, neither replacement position had been posted as of August 10, raising the possibility of a temporary gap in prosecutors dedicated to Town cases. 

LOVE has not independently confirmed the departures or the Town’s plans for handling prosecutions during any transition.

Best of Both Worlds: Westward Look agreement combines Town incentives with Visit Tucson support
At last Wednesday’s Town Council meeting, the Town Council unanimously approved an incentive-based agreement with Westward Look Resort that provides up to $62,500 for qualifying group and sports bookings that generate room-night activity in Oro Valley. The resort is currently a member of Visit Tucson and pays $3,000 annually. Town Manager Wilkins stated that El Conquistador’s membership was probably under $5,000. The resorts therefore continue to receive Visit Tucson’s regional marketing and sales support at a relatively modest membership cost of less than $8,000 combined. That is far less than the $410,000 a year the Town previously paid Visit Tucson for a broader package of destination-marketing services. The broader package included leisure marketing, meetings and convention sales, sports tourism promotion and regional destination marketing on behalf of Oro Valley as a whole.

Rockin’ 4 Heroes awards education grants to local officers
Rockin’ 4 Heroes has awarded $1,000 education grants to six active-duty officers from the Tucson, Marana and Oro Valley police departments, including Oro Valley Police Sergeant Ryan Goss. The grants, funded through the nonprofit’s Law Enforcement Support Fund, help officers pursue degrees, leadership training, professional accreditation and advanced certifications. Rockin’ 4 Heroes, founded by Michael and Bonnie Quinn, supports first responders, active military, veterans and Gold Star families. Its annual free Rockin’ 4 Heroes Concert is scheduled for November 8 at James D. Kriegh Park in Oro Valley. (Rockin’ 4 Heroes media release)

Arizona Heroes Memorial to mark 25th anniversary of 9/11

The Arizona Heroes Memorial will hold a special ceremony on Friday, September 11, at 6:30 p.m. to commemorate the 25th anniversary of the September 11, 2001 attacks. The event will honor those who lost their lives, recognize the heroes who responded and remember the families and communities affected by 9/11. The ceremony will take place at the Arizona Heroes Memorial, 810 W. Naranja Drive in Oro Valley.

Town plans new annual Community Report
Oro Valley plans to begin producing an annual Community Report highlighting major Town accomplishments, services and performance. Town Manager Jeff Wilkins said the report is intended to improve communication and transparency by bringing information now spread among weekly, monthly and quarterly reports into one public-facing document. It will be organized around the Town’s seven strategic-plan focus areas and include major projects, service statistics and other notable accomplishments.

More businesses are opening in Oro Valley
The Town’s August/September Vista newsletter lists several new and coming businesses. New arrivals include Northwestern Neurology at Rancho Vistoso Boulevard, Hair by Kady on Oracle Road, Brenda M. Beck massage therapy on Cool Drive and Surf Thru Express Car Wash on Oracle Road. Coming soon are Barro’s Pizza, Presidio Dental and an Xfinity location.

Free movies continue at the Community Center lawn
Oro Valley’s free Movies on the Lawn series continues at the Community and Recreation Center. Goat is scheduled for August 22, followed by Hoppers on September 12. Movies begin shortly after sundown on the lawn near the golf driving range, and attendees should bring their own chairs or blankets.

Friday night music returns to Steam Pump Ranch in September
Free Friday Night Concerts return to Steam Pump Ranch on September 25 and October 2 from 7 to 9:30 p.m. The bands had not yet been announced when the newsletter was published. Food trucks will be onsite, with beer and wine available for purchase.

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Bits and Pieces

Council links reported closure of Berger Performing Arts Center to potential Oro Valley Performing Arts Center
Last week, local media outlets have reported that the Arizona School for the Deaf and Blind will close the Berger Performing Arts Center on its Tucson campus effective June 30, citing funding and the closin of its Speedway location.  That reporting came after the Oro Valley Town Council had discussed the potential impact such a closure could have during last week’s strategic planning study session. At that time, Council members raised concerns about the possible loss of Berger, noting that the theater is widely used by Oro Valley-based groups and would cost tens of millions of dollars to replace. They also linked the issue to Oro Valley’s own discussions about a performing arts center, saying that the loss of a regional venue could shift demand to Oro Valley and affect the urgency and scope of any local project. Council members emphasized that the Town is not pursuing its own feasibility study, but intends to stay engaged with a nonprofit conducting a study and remain part of the broader regional conversation.

Council hires town attorney with Prescott Valley experience
This past Wednesday, the Oro Valley Town Council approved the employment contract for its new Town Attorney, a position that now reports directly to the Council rather than through the Town Manager. The Council selected Steven Zraick, a long-time Arizona attorney whose career has focused on municipal and public-sector law. Zraick most recently served as Deputy Town Attorney for the Town of Prescott Valley, where he advised elected officials, staff, and boards on day-to-day legal matters. Public records indicate that his legal work has been centered on local government rather than private practice, a background that aligns with the Council’s stated interest in strengthening its direct legal oversight.  The town attorney is responsible for providing legal advice directly to the Town Council, managing the Town’s legal department, representing the Town in legal matters, drafting and reviewing ordinances, resolutions, and contracts, and ensuring that Council actions comply with state law and the Oro Valley Town Code.  In his role, he may or may not replace the outside legal council at council meetings. 

Water impact fee shortfall flagged, changes to come before Council
Town water officials reported to the Water Utility Commission last week that the Water Resource & System Development Impact Fee, which is paid by new development to help fund growth-related water infrastructure, is projected to fall short in fiscal year 2026–27. Staff told the Commission that projected expenses of about $2.3 million exceed expected impact fee revenue of roughly $1.2 million, creating a gap tied largely to growth-related debt for major water projects. According to staff, current impact fees were set years ago and no longer reflect rising infrastructure costs. Staff said the next step is to prepare an updated impact fee analysis and bring a proposed fee adjustment to the Town Council later in 2026, following the state-required notice and public hearing process.

You can sign candidate nomination petitions online
Arizona voters can sign candidate nomination petitions online using the Secretary of State’s E-Qual system. Visit this link and select “Sign a Candidate Nomination Petition.” Log in with you Arizona driver license or state ID and date of birth to see which candidates they are eligible to support. The system allows you to review and sign petitions electronically, eliminating the need for in-person signature gathering and making it easier to participate in the local election process.

Stormwater Utility fee going up over three years
The Oro Valley Town Council approved a phased increase to the stormwater utility base rate on January 14. The increase will take effect July 1, at the start of the new fiscal year, and will be implemented over three years. The base rate will rise from $4.50 to $6.50 per equivalent residential unit (ERU) once fully phased in. Town staff said the additional revenue will support stormwater system maintenance, regulatory compliance, and flood control, noting that the stormwater rate had not been increased since 2016.

Water cost increase proposed for next July
At its January 12 meeting, the Water Utility Commission reviewed staff’s water rate analysis for FY 2026–27 and affirmed the recommended water rate changes for consideration by the Town Council. The recommendation includes an increase to potable water base rates only, with no changes to usage-based rates or reclaimed water rates; most residential customers with a 5/8-inch meter would see a $1.86 monthly increase. The Commission also reviewed the Groundwater Preservation Fee, for which no change is proposed. In addition, commissioners discussed the Water Resource & System Development Impact Fee, noting that projected expenses exceed revenues and that proposed changes would be brought to Town Council later in 2026 following the required notice and public hearing process. The amount of the proposed increase was not specified at the meeting.

November Financial Update: Town finances largely on track, construction sales tax trails budget
The town's General Fund revenues are tracking below budget through November 2025, largely due to weaker construction activity. Expenditures remain generally on budget due in part to vacancy savings. Community Center Fund continues to outperform expectations, the Highway Fund is tracking close to budget but may require continued capital fund support, and both the Water Utility and Stormwater Funds are trending positively. To address the General Fund shortfall, staff has taken cost-control measures including extended vacancies, reduced operating budgets, reconsideration of excess pension payments, and potential capital spending reductions, while noting that future transportation funding will depend on the outcome of the March RTA Next election [since the town is dependent on the RTA for public transportation] (Source: Budget and Finance Commission Meeting,  01-20-26)
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Bits and Pieces

Airport authority calls for closer tourism coordination with Oro Valley 

Speaking during public comment to the Tourism Advisory Board Monday, Tucson Airport Authority President and CEO Danette Bule said Tucson International Airport is one of the region’s top economic engines and a primary gateway for visitors to Oro Valley and surrounding communities. She said the town's draft Leisure Travel Destination Management Plan appeared to have been developed without coordination with the Airport Authority or Visit Tucson, calling that a missed opportunity. 

Bule urged formal collaboration and data sharing, noting that many visitors arrive through the airport and that the Authority already works closely with other regional partners. Airport Authority Chief Communications Officer Austin Wright echoed those remarks, said the airport can support regional tourism demand, highlighted new airline service and passenger volumes, and emphasized the Authority’s readiness to partner with Oro Valley’s tourism office.

Three finalists for Town Council interviewed yesterday

Council met in Executive Session yesterday to interview three finalists for the position of Town Attorney. The candidates are Matthew Walker, Victoria Torrilhon, and Steven Zraick. While the Town did not release details about the finalists, public records indicate they are experienced attorneys working in the public sector, with backgrounds in municipal or government law and professional ties in Arizona and the western United States. Walker is currently a senior prosecutor with the City of Tucson, Torrilhon is an assistant city attorney with the City of Phoenix, and Zraick is an attorney with prior or current ties to municipal legal work in Prescott Valley. Council held the executive session to discuss qualifications, conduct interviews, and consider contract terms, as allowed under state law.

Some confusion on whether or how the town supports the El Conquistador Resort

During the Tuesday discussion of the draft Destination Marketing Plan, a Tourism Advisory Commission member asked town staff what financial support the Town provides to El Conquistador and Westward Look following Oro Valley’s decision to step away from Visit Tucson. Staff responded that the Town has budgeted incentives for master accounts, along with support for trade shows and familiarization tours, and said those tools have been utilized. Later in the meeting, a speaker representing the Hilton El Conquistador Tucson Resort disputed that characterization, stating for the record that the resort has not received any monetary refunds or support through master account credits, familiarization tours, or trade show funding. Perhaps they were talking "apples and oranges;" however, the town ought to set the record straight.

New tool helps residents track and control water use

The Oro Valley Water Utility has added a new conservation feature to its online customer portal that allows residents to view hourly and daily water use and set customized leak and consumption alerts. The tool is designed to help customers spot unplanned water use early, monitor irrigation and household consumption, and respond quickly to potential leaks. Users can choose how alerts are delivered and set their own thresholds, giving them more control over water use and helping reduce unexpected water bills. Learn more here.

Story of Rockin' 4 Heroes is now online

Watch the story of PJ Quinn and learn why Rockin' 4 Heroes was created.  It is truly an inspiration.

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Council Steps In: New Attorney Hiring Rules, No Go for Surf-Thru Art

Council acts on two fronts

At last week’s meeting, the Oro Valley Town Council made two decisions that clarify its role in town oversight, one involving how the next town attorney will be hired, and the other affirming the Town’s long-standing rules on public art. Here’s what happened.

Ratifies staff decision: No “Surfboard Art” for Surf-Thru Car Wash
The Council also affirmed a staff decision regarding the public art proposed for the Surf Thru Express Car Wash at the Oro Valley Marketplace. The car wash is under construction and expected to open next spring or summer; however, it cannot receive a certificate of occupancy until its required artwork is approved.

Town staff explained that the proposed artwork [Panel right] did not meet two requirements of the 2007 public art code. One issue, the color of the art, is something the applicant agreed to change. The second issue is more significant. The code prohibits artwork that includes advertising elements, including colors, graphics, logos, or other representations of corporate identity. Staff determined that the proposed panel was advertising, and the Council agreed.

This code requirement may explain why the two large spheres in front of Target are not painted red like those at other Target stores; painting them red would likely be considered advertising under the same rule.

The developer will need to submit a revised concept. 

The broader question remains: Should the 2007 public art agreement between the town and then property owner Vestar be updated given that the Marketplace has a different owner that is transforming it to the Oro Valley Village Center.

 
Takes charge of town attorney hiring process
The Town is in the process of filling the town attorney position. The attorney reports directly to the Town Council. When the Council first authorized the hiring, it agreed to use the same process that had been used to hire Town Manager Jeff Wilkins.

In hiring Wilkins, the Town used a three layered interview process in which executive staff and a community panel provided impressions and recommendations to the Town Council, though the Council retained final decision authority. While the Council ultimately selected Wilkins, word later circulated that he was not the candidate preferred by the non council interview groups. The process was intended to be advisory; however, it created public confusion about who had truly chosen the finalist.

At last week’s meeting, the Council unanimously revised course. Although an earlier motion had inadvertently directed the use of the same three layered approach for hiring the new town attorney, the Council chose a different path. Members agreed to conduct the first round of interviews themselves to ensure what they described as an unbiased and independent evaluation.  Those interviews will take place in Executive Session this Thursday.There will be no community panel. 

Once the Council identifies finalists, a staff panel will conduct interviews and provide written summaries of each candidate’s strengths and weaknesses, without rankings or recommendations. That panel will include the Town Manager, the Human Resources Director, leadership from the Town Attorney’s Office, the Town Magistrate, the Chief of Police, and the Town Council’s outside attorney.

This revised process places the hiring decision directly and clearly with the Town Council.

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Council To Move Quickly To Hire In-House Town Attorney

Council to review plan for hiring Town Attorney
Two weeks ago, the Oro Valley Town Council voted to have the Town Attorney report directly to them rather than to the Town Manager, even though the Town currently has no in-house attorney. Tomorrow night, the Council will take the next step by reviewing a proposed recruitment plan, job description, and timeline for hiring a Town Attorney. Human Resources Director Andy Votava will present the materials the Council requested when it approved the reporting change. His proposed approach is modeled after the process used when the Town hired a new magistrate in 2019.

Goal is to have position filled by February
The proposed timeline is designed to move quickly. The position will be posted on October 17, with applications due November 9. Council will review applications the following week, conduct virtual interviews in early December, and hold finalist interviews later that month. A conditional offer is planned for January 2026, with the goal of having the new Town Attorney in place by February.

There is a need to move quickly

The Town is moving quickly to fill this position following the retirements of Legal Services Director Tobin Sidles, who also served as prosecutor, and Chief Civil Deputy Joe Andrews, the Town’s civil attorney. With an active caseload and ongoing legal matters, filling these key vacancies is a priority.

Click to Enlarge

Dual roles need to be clarified 

The Town currently retains outside legal counsel for Council meetings and other legal services as needed. That arrangement remains in place as the Town begins recruiting for a full-time, in-house Town Attorney. The job description for the new position assigns the same advisory role—counsel to the Council—but the recruitment materials do not explain how the two positions will relate once the new attorney is hired. It is unclear whether the outside counsel will continue in some capacity, report to the new Town Attorney, or be replaced by the in-house counsel The town paid $51,950 to Mesch, Clark, Rothschild, in calendar 2024 The Council will need to clarify that relationship to prevent overlapping authority and ensure the Town has a single, consistent source of legal guidance.

A broad professional search
Recruitment will extend well beyond Oro Valley. The position will be advertised through the State Bar of Arizona, the Arizona League of Cities and Towns, the law schools at the University of Arizona and Arizona State University, the Arizona Women Lawyers Association, and several national outlets including ICMA, SHRM, LinkedIn, and Indeed. This broad outreach is intended to attract a strong, diverse candidate pool.

The town attorney needs to be both an attorney and a manager
As the Town’s chief legal officer, the Town Attorney will also serve as Legal Services Director. In that role, the attorney will manage both the civil and criminal (prosecution) divisions of the Legal Services Department and oversee all legal actions involving the Town. The position therefore requires both legal and management expertise. According to the job description, candidates must hold a Juris Doctorate from an accredited law school, a license to practice law in Arizona, at least seven years of legal experience including municipal or public sector work, and five years of supervisory experience.

Position is already budgeted
According to staff, the Town Attorney position and recruitment costs are already covered under the current fiscal year’s budget. No additional funding is required.

What’s next
If the Council approves the recruitment plan on Wednesday, advertising will begin immediately. Applications will remain open through early November, and interviews will take place in December. This meeting marks the start of the Council’s first direct hiring of a Town Attorney under its new structure.

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Bits and Pieces

Council approves having Town Attorney report to them... begins search now

Wednesday, the The Oro Valley Town Council unanimously approved Ordinance No. (O)25-08, changing the Town Code so that the Town Attorney will now be appointed by and report directly to the Town Council rather than the Town Manager. The Council also directed the Human Resources Director and Town Manager to return at the next meeting with a proposed hiring process and job description. They instructed them to model their work after the process used to hire the Town Magistrate. This action formally begins the search for Oro Valley’s next Town Attorney. (See our article that discusses this change.) 

Council clarifies: Small backyard structures do not require building permits

At its October 1 meeting, the Oro Valley Town Council unanimously adopted Ordinance No. (O)25-06, making small corrections to the Town’s recently approved 2024 building and property maintenance codes. The ordinance deals with building permits under the International Residential Code (IRC). Normally, the code sets a threshold for when a permit is required to build small detached accessory structures, with the size referring to the floor area of the building (such as storage sheds, playhouses, or similar non-habitable structures). Without this correction, the rule would have dropped to 120 square feet, meaning even a 10x12 shed would require a permit. The ordinance keeps the Oro Valley threshold at 200 square feet, so residents don’t need a permit for small backyard sheds or similar structures under that size.

Register now for Pusch Ridge Golf Opening Tourney

Registration is now open for the Friends of Pusch Ridge Golf Opening Tourney on Friday, November 7. Don’t miss this community tradition—reserve your spot today! Click here to register. 

New businesses open in Oro Valley

Several new businesses have recently opened their doors in town, adding variety to the local economy. Heather’s Luminous Esthetics and Queenie Natural & Wellness are now operating at 7315 N. Oracle Rd., while Faye Artisan has opened at 2404 E. Tangerine Rd. In addition, Vantage West Credit Union has added a branch on La Canada Drive, and Premier Title Agency has a new location on Oracle Road. Noble Hops has come under new ownership, and Trader Joe’s has completed a commercial addition at its Oracle Road store. (Source)

Town staff works to remove invasive weeds to restore Vistoso’s desert ecosystem

According to Council Member Josh Nicolson, speaking at the past Wednesday's Town of Oro Valley Town Council meeting, Volunteers and Town staff recently focused on curbing the spread of Russian thistle at Vistoso Trails Nature Preserve—a critical effort for ecosystem health. Russian thistle is an aggressive, drought-tolerant invasive plant that can outcompete native species by quickly hogging water, nutrients, and space.  It produces hundreds of thousands of seeds, spreads easily as a tumbleweed, and can dominate disturbed soil areas if left unchecked.  By removing it before seed set, the preserve helps reduce the invasive seed bank and gives native plants a better chance to establish.  This removal supports the preserve’s restoration vision, helping to maintain biodiversity, improve habitat quality, and prevent soil degradation across Vistoso Trails.

Council "forced to approve" state dictated construction hour changes for earlier allowed start times
The Also Wednesday, the Oro Valley Town Council adopted Ordinance No. (O)25-07 to bring the Town Code into compliance with Arizona’s new state law on construction hours (SB 1182). The changes expand summer work hours, allowing general construction as early as 5 a.m. on weekdays and 7 a.m. on Saturdays, with concrete work permitted an hour earlier. Several council members voiced concerns about the impact of 4 a.m. and 5 a.m. start times on nearby residents and noted frustration that the state has stripped away local control. Despite this reluctance, the Council acknowledged it had no choice but to approve the amendments, since state law preempts stricter local standards
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Oro Valley Council to Consider Changing Town Attorney Reporting Structure

Council to weigh changes in Town Attorney reporting and oversight
Tonight, the Oro Valley Town Council will consider a resolution that changes who hires the Town Attorney and to whom the position reports. The matter comes forward at the request of Vice Mayor Barrett and Councilmember Nicolson. It is a public hearing. The matter is particularly relevant since the Town's Director of Legal Services is retiring. (We have also hear that another member of the legal team is retiring though we have found no public notice of this.)

Current model places Town Attorney under Town Manager
Under today’s structure, Oro Valley’s Legal Services Director serves as Town Attorney and reports to the Town Manager, who appoints and evaluates the Director. This arrangement keeps the attorney within the management chain, ensuring alignment with staff operations. Supporters say this promotes efficiency. Critics argue that it limits the attorney’s independence, since the Town Manager oversees performance. They also note that the Town Manager is not an attorney and cannot add value to or properly evaluate the professional operations of the department.

Larger Arizona cities rely on council-appointed attorneys
In many larger and more mature Arizona cities, the City or Town Attorney is appointed directly by the Council and reports only to that body. Cities such as Tucson, Scottsdale, Tempe, Mesa, Peoria, Gilbert, and Flagstaff follow this structure. The advantages are clear: Council receives unfiltered, independent legal advice on issues where staff may have a stake, and Council members can consult directly with their attorney without staff involvement. This structure strengthens transparency, accountability, and the separation of powers.

Council appointment could reduce reliance on outside counsel
The Oro Valley Town Council currently retains the law firm of Mesch, Clark, Rothschild. The firm is contracted to be present at all Council meetings to provide legal advice directly to Councilmembers during deliberations. The firm is retained by the council and reports directly to them.  From time to time, the firm has also been engaged for special projects. Shifting the reporting structure so that the Town Attorney reports directly to Council may reduce, or even eliminate, the need for this outside legal support.

In communities like Tucson, Scottsdale, and Tempe, the Council-appointed attorney serves as the independent legal advisor to the governing body. Outside legal counsel is used only for highly specialized matters, not for routine Council meetings or day-to-day advice. This streamlines services, reduces duplication, reduces cost and ensures Council has a single, direct source for legal guidance.

Move would put complete public safety alignment under Council oversight
Currently, the Police Department and the Oro Valley Municipal Court already report directly to Council. Adding the Town Attorney to this reporting chain would complete the cycle and further emphasize public safety as central to the Town’s mission. All that is needed is a Council majority vote to make the change.

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A look back
Oro Valley’s “two Tobins” and how Oro Valley came to use both inside and outside counsel

In 2012, Oro Valley employed two attorneys on staff — Tobin Rosen as Town Attorney and Tobin Sidles. Rosen was Town Attorney. He attended Council meetings and provided legal advice directly to Council. Sidles worked under Town Attorney Rosen. His duties included civil legal work and municipal prosecution. Their complementary positions reflected the Town’s recognition of the broad legal workload: General counsel for Council and staff alongside a prosecutorial function. When Rosen announced his retirement in late 2012, Mayor Hiremath and his a council appointed Sidles as Interim Town Attorney. In 2013, the town council amended the  Town Code (Ordinance O13-15, May 15, 2013) to formally create the position of contract Town Attorney. This new role reported directly to Council, with responsibilities limited to advising Council at meetings and on special projects Council brought in an outside contract attorney for Council meeting legal advice, never replacing Rosen's position in house. Sidles moved into the role of Legal Services Director.

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UPDATE: The council unanimously approved Ordinance No. (O)25-08, changing the Town Code so that the Town Attorney will now be appointed by and report directly to the Town Council rather than the Town Manager. The Council also directed the Human Resources Director and Town Manager to return at the next meeting with a proposed hiring process and job description. They instructed them to model their work after the process used to hire the Town Magistrate. This action formally begins the search for Oro Valley’s next Town Attorney.

Guest View: Diane Peters ~ Councilmember Solomon violates the rules at the October 2nd and October 16th Town Council Meetings. Part 2.

Part 1 was published yesterday and discussed Solomon’s violation of Attorney-Client privilege. Scroll down beneath this article to read it. Today’s article discusses his violation of Parliamentary Rules and how he appears to see himself not just as a councilmember, but also as the mayor and town attorney all rolled into one.

Councilmember Solomon violates Town Council Parliamentary Rules
First some background on what led to the violation. During the October 16, 2019 Town Council Meeting, a discussion ensued regarding Mayor Winfield’s desire to reassign the Council Liaison positions for the various boards and commissions during that evening’s meeting rather than waiting until the current terms expire on December 31st.

Open Meeting Law
Winfield explained that he did not discuss the new council liaison assignments with each councilmember prior to the meeting because he was concerned about a possible violation of the Open Meeting Law since it was something that they would all be voting on. He consulted with the town attorney who recommended that he communicate the town council liaison appointments through the town manager, so that’s what he did.

Councilmembers Pina, Rodman, and Solomon become confrontational
Despite Mayor Winfield offering valid reasons for amending the liaison assignments and for not discussing the changes with the council beforehand, Councilmembers Pina, Rodman, and Solomon launched into multiple diatribes claiming that Winfield was disrespectful to them in not discussing the changes with them prior to the meeting.

The video of that discussion was posted on LOVE on October 21st. If you haven’t yet seen it, you can watch it HERE

“Town Attorney” Solomon speaks
Councilmember Solomon gave his “legal” opinion that, “if it’s done on an individual basis, it’s not a violation of the Open Meeting Law.” Solomon also insisted that not discussing the new liaison assignments beforehand, “shows a complete lack of cooperation, a complete lack of a desire to have the council work together, an obvious disdain for the other council members, and I could go on and on…” (Yes, we all know that Solomon likes to go on and on and on).

Mayor Winfield defends himself via waiving his attorney-client privilege
Winfield asked the town attorney to tell the council what advice he gave Winfield about discussing the liaison assignments prior to the meeting.

Attorney Cohen: “…As I recall, I received an inquiry from the mayor about, I believe you were in the process of coordination with the Town Manager to make certain assignments to the various boards and commissions amongst the council members, and you asked me if you could communicate with the individual council members, if that would be an Open Meeting Law violation, or if there was another way to do it, and my instruction, using one of my favorite phrases that I use all the time is, “out of an abundance of caution I think it would be best if it came from the Town Manager.”

It's interesting that Pina, Rodman, and Solomon argued this issue with the mayor but NOT with the town attorney who is the one who made the call, the one who gave the legal advice. All Winfield did was follow that legal advice. This is an example of how the minority council members like to twist things in order to make Winfield the bad guy.

“Mayor” Solomon speaks
Vice-Mayor Barrett made a motion to approve the amended liaison assignments. Councilmember Nicolson seconded the motion and then “Mayor” Solomon blurted out, “It’s been seconded and now it’s open for discussion. Correct?"


The proper parliamentary procedure is to say, “Mr. Mayor” and wait to be recognized before speaking. Solomon did not do that. He usurped the mayor’s role and attempted to commandeer the proceedings. This from a person who just accused the mayor of being disrespectful to certain council members! Winfield was visibly annoyed but maintained his composure. (I don’t know how he does it).

The mayor runs the meetings and it’s his job to announce that the motion had been seconded and is now up for discussion. Solomon taking control of the meeting is just one more example of him being out of control. (LOVE has published numerous articles on this topic.)

Excerpts from Town of Oro Valley Parliamentary Rules

"SECTION 10. Discussion and voting procedures – 10.3 Getting the Floor

Every Councilmember desiring to speak shall address the Mayor, and upon recognition by the Mayor, shall confine himself/herself to the question under debate.

SECTION 13. Code of Conduct – 13.6 Respect

Councilmembers shall show respect to all colleagues by acting in a professional and dignified manner whether in support of the issue or expressing an adverse point of view."

In my opinion, interrupting others, usurping the mayor’s role, speaking in a condescending tone, and making unfounded accusations is neither professional nor dignified and wreaks of desperation.
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Diane Peters has lived in Oro Valley since 2003, moving here to escape the humidity of the East Coast. She’s been involved in OV politics and development issues since 2006. In 2014, she organized a citizens group, who over a 9-month period, successfully negotiated a controversial 200-acre development project. In her past life, she worked in medical research at various University Hospitals in New England. Her interests include reading, writing, nature photography, travel, art galleries, museums, and politics.

Guest View: Diane Peters ~ Councilmember Solomon violates the rules at the October 2nd and October 16th Town Council Meetings. Part 1.

Councilmember Solomon violates Attorney-Client privilege
During the “Council Reports” part of the October 2, 2016 Town Council Meeting, Councilmember Solomon read a privileged communication between the town attorney and the mayor and council.

Town Attorney Cohen explained the different types of Attorney-Client Privilege during the October 16th council meeting, when Mayor Winfield waived his attorney-client privilege in order to release private information.

“The lawyer has certain privileges with the body that only the body can waive. From time to time, the lawyer has confidential communication with individuals that are one-on-one. What we’re talking about here is a one-on-one communication with the mayor only, limited to an issue for the mayor that he has now instructed me to publicly disclose. This is not a “body” privilege. This is a one-on-one confidence.”

In the case of Mayor Winfield, it was a one-on-one confidence, therefore, he was the only one who needed to waive the attorney-client privilege in order for the communication to be made public.

In the case of Councilmember Solomon, however, the letter he read from the dais was a private communication between the town attorney and the entire council (the body). Therefore, the entire council needed to waive the attorney-client privilege before Councilmember Solomon could make it public. But that was not the case. The entire council had not waived the attorney-client privilege.

How I discovered this violation
I submitted a Public Records Request to obtain a copy of the letter. The Town responded that they could not release it due to attorney-client privilege. I responded that I thought the attorney-client privilege had been waived when Solomon read the letter publicly. The Town responded that the memo was addressed to the entire council and therefore the privilege had to be waived by the entire council and that Solomon made “a mistake” in releasing the content of that memo.

Solomon’s legal mistake is particularly amusing because during the October 16th council meeting, he professed to knowing more about the law than the town attorney. Read about that in Part 2. tomorrow.

Solomon doesn’t follow his own orders
When Councilmember Solomon was called out publicly at a prior meeting for having a conflict of interest regarding the golf course issue due to his being involved in a real estate deal to purchase property along the Canada Course, he denied it and said only, “I do not own property on the golf course.” He never admitted to being in escrow to purchase that property. He never admitted to planning to build condos and townhomes along that golf course.

With that in mind, it seems fitting to quote Solomon’s own words from the October 16th council meeting during his lecture on amending the council liaison appointments.

Solomon: “Be upfront about it. Be honest about it for once, what you’re doing. Don’t sit there and go through a whole charade of why this is happening.”

Perhaps Solomon should stop lecturing others on what he himself refuses to do.

Part 2, “Councilmember Solomon violates Town Council Parliamentary Rules” will be published tomorrow.

Many signs point to the Town's illegal advocating of the Naranja Park Bond.

Last Thursday, September 14th, Axe the Tax Chair, Jim Horn, sent the following letter to the Town Manager and the Town Attorney regarding what is perceived to be the Town’s illegal advocating for the Naranja Bond via information provided on the Town website.

LOVE readers have also noticed the same advocating in hand-outs, the Open House on September 13th, and in an editorial by Oro Valley Communications Administrator, Misti Nowak published in the Oro Valley Voice this summer.

Legally, the Town is only allowed to provide education and information about the bond. They are not allowed to advocate for it.

It has been one week and there has been no response from the Town.

September 14, 2017

Town Manager, Mary Jacobs
Cc: Town Attorney, Tobin Sidles

Ms. Jacobs,

I understand that the Town cannot advocate for or against the Naranja Park Bond but can only “educate” and provide information.

However, in looking at the Project Fact Sheet on the Town Website, it appears that the Town is subliminally downplaying the cost of the Naranja Bond by using bold print for certain terminology and by omitting some of the facts. This is outlined below.

The Project Sheet begins by giving the basic facts such as what’s in the plan and that it will be paid for with a secondary property tax. However, under the heading, “What’s the cost and how will it impact residents?” it then goes on to sway voters into voting YES by placing the following words in regular print:

$17 million
secondary property tax
$1.4 million per year for 20 years

While placing the following words in bold print:

$4.50 per month to an average homeowner.

In addition, the final cost of the bond with interest is $28 million. This number has been omitted from the website. Instead, it is worded, “$1.4 million per year for 20 years.” When worded this way, the number doesn’t seem so high.

In other words, just because the website does not specifically contain the words, “Vote YES on the Naranja Park Bond” does not mean that the Town is not presenting information in a way that is designed to sway a person in that direction.

Under the heading, “Alignment with Your Voice, Our Future General Plan,” the Project Sheet states that the “Naranja Park Bond Project conforms to the 70% voter-approved 2016 Your Voice, Our Future General Plan…” This is more subliminal messaging and manipulation of the facts designed to sway voters into thinking that this proposal must be popular if it was approved by 70% of the people.

It wasn’t 70% of the town, it was 70% of the voters who cast a ballot.

Let’s look at what “70% voter-approved” really means:

Oro Valley has a population of 43,781 (U.S. Census Bureau)
Oro Valley has 30,321 registered voters. (Town of Oro Valley Website)

23,250 ballots were cast for Prop 439 – Your Voice, Our Future General Plan (11/8/16)
16,424 voted YES (70.64%)
6,826 voted NO (29.36%)

The General Plan was not approved by 70% of the total population of 43,781. It was approved by 70% of the 23,250 ballots cast which equals 16,424 residents or 37.5% of the population of Oro Valley. This is not overwhelming support.

In addition to the bond information on the Town website, if your future newspaper ads and educational meeting(s) also present a manipulation of the facts, all of this equates to free advertising for the “Vote YES on 454” PAC, which they are getting with OUR tax dollars.

The “Informational Pamphlet” that the Town will be mailing to registered Oro Valley voters about a month prior to the election is also paid for with taxpayer funds. Will this publication also be heavy on “$4.50 per month” and “70% voter approved?”

In closing, when both sides aren’t presented equally or one side is not presented at all, this could be interpreted as the Town advocating for one side over the other. If the Town presents only the positives and none of the negatives, isn’t that in effect advocating for the bond?

Yours truly,

James W. Horn
Chair, Axe the Tax PAC

Town To Subcontract Attorney Position

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Last week in our column "Bits and Pieces" we reported that the town is soliciting for a Town Attorney. This individual would only work at t Town Council meetings.   it is a subcontractor position; that is the attorney will not be an employee of the town. To some extent, this position replaces Town Attorney Tobin Rosen,  who retired at the beginning of this year. However, the position is much different than Attorney Rosen's position in that it only applies to Council meetings whereas Attorney Rosen's position applied to all matters of counsel.

The change in the position seems to correspond with the change in the Oro Valley legal department.  The town's request for bid  provides information into changes that are anticipated in your organization of the town's legal department:

"The future of the Department is envisioned as changing to a Legal Services Department wherein the current Interim Town Attorney (Town Prosecutor) would serve as the Department Director and the individual selected through this solicitation process would under contract with and report directly to the Council."

This is a reorganization  of the department which is currently segmented into two pieces: One piece handles civil matters for Mayor and Council; the other prosecutes misdemeanor crimes atraffic citations.

The  subcontracted town attorney will  operate independently of the Town Prosecutor.   The individual's role is to attend Council meetings.  The specific role that the individual is to play at the meetings is not defined in the solicitation. We suspect that it has to do with open meeting law compliance and matters that are directly related to the rules of procedure of the council.

According to the solicitation, the individual may be requested to "provide occasional legal guidance in municipal law as assigned in the areas including but not limited to open meeting law, election law, land-use, economic development negotiations and employment law."

The individual will be contracted for this additional work by both the Town Manager and the Legal Services Director.
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Fireworks Tonight At Town Hall?

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There could be fireworks at tonight's Oro Valley Town Council meeting.  A discussion of four items on tonight's Oro Valley Town Council Meeting Agenda should make things interesting. You might want to attend; or, at a minimum, watch the live feed via the Town Of Oro Valley web site.

First, there's item D on the consent agenda. This would replace town attorney Tobin Rosen with an interim town attorney.   What makes this interesting is that Tobin Rosen is not retiring until January; and that he has agreed to remain on staff to aid in a transition after that point.  In essence then, Tobin Rosen is being relieved of his duties if this agenda item is approved.  We understand that finding a new attorney to replace Tobin will take time.  There is no reason that we foresee why that process can't start immediately, while Tobin is the active Town Attorney.

Second, there is the public hearing on the Innovation Park Economic Expansion Zone fast track approval process.  This is item 3A on the regular agenda.  You should expect discussion of adding a requirement that there be at least one public hearing for all such projects.  The Oro Valley Planning and Zoning staff recommendation as approved by the Planning and Zoning Commission includes no such hearing requriement; even though residents have spoken of the need for it at neighborhood meetings and at the Planning and Zoning Commission hearing on it.  Their pleas have been ignored. So much for the value of community input as perceived by some who work at town hall.

Third, there is approval of two additional monument signs for the Fry's Gas station.  These signs would be located along LaCanada and Lambert Lane.  This is item 4 on the regular agenda.  Talk about overkill.  Does a "Town Of Excellence" really need five monument signs in one area?  Did sign's help The Loop survive? Did signs help "Down Home Delight's" Survive?  The answer, of course, is no.  The Fry's gas station will be a destination store because one can get discounts on gas.  Therefore, people will find it.

Fourth, there is item 6 on the main agenda. This item will change the way Council Members can add items to the council's agenda.

Recall last week we posted how items get on the Oro Valley town council agenda. Three days after this posting, we learned that there are some on council who want to change this process. They want to make it more difficult for you and for you those in the minority on council to get an item on the agenda.

In essence, implementing item 6 would meant that four members of council need to approve an item for addition to the agenda and not two.  The result is that minority members of council will likely not be able to add agenda items.   We don't see a need to change a procedure that is not broken. Its not as if Council Members are requesting to add frivolous items.  It would be best if this change would simply "die a quiet death."

Perhaps there will be some health disagreements among council members on these four items.  Perhaps, some "fireworks".  We will be there. We hope that you are too.
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