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CITY NEWS
SCOTTSDALE PROGRESS | WWW.SCOTTSDALE.ORG | JULY 14, 2019
‘Glaring �law’ cited in city clerk’s NoDCC case BY WAYNE SCHUTSKY Progress Managing Editor
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recent letter sent to the City of Scottsdale by a lawyer for activist Jason Alexander called out a supposed “glaring �law” in a City Clerk review of alleged campaign �inance violations by Alexander and others associated with the NoDDC movement. Former Scottsdale City Councilman David Smith �iled a complaint with the city in May alleging that Alexander, Rebecca Holmes and Mike Norton violated state campaign �inance laws by misusing funds controlled by an Arizona nonpro�it and political action committee operating under the NoDDC name. The NoDDC groups were active in support of Proposition 420, which was passed by voters in November 2018. The City Clerk reviews all such complaints to determine if there is reasonable cause to refer the allegations to the city attorney’s of�ice. After reviewing the complaint, Jagger concluded there was reasonable cause to refer some of the complaint to the City Attorney for further investigation. It also is looking into allegations that
BOARD MEETINGS ���� ���� 11
Beckman and Greenburg both said moving public comment earlier during meetings was a key issue for them. “Restoring public comment to the beginning of the agenda was an important issue for me,” Beckman said. “I truly value what our taxpayers and community members have to say and want to give them every opportunity to have their voices heard.” The previous board voted in December 2017 to push back the time for public comment. At the time, the board and former Su-
PRINCIPALS ���� ���� 12
after seven years in the position. Kohnen will bring valuable experience to Mountainside, which is currently a candidate to become certi�ied by International Baccalaureate as an IB Middle Years Programme School. Kohnen previously taught history at Desert Mountain High School and Pre-Diploma IB Program teaching staff. Before coming to Mountainside, Kohnen was an assistant principal at SUSD’s Chaparral High School for two years.
donations to the NoDDC Inc. nonpro�it were combined with donations made to NoDDC PAC after the non-pro�it was dissolved in November 2018. That would constitute a violation of state law requiring corporate donations to remain in an account separate from individual donations. Alexander and Norton are listed as directors of the now-defunct NoDDC Inc. non-pro�it in Arizona Corporation Commission records. Alexander’s attorney Thomas F. Galvin Jr. sent a letter to acting City Attorney Joe Padilla on July 3, arguing that some of City Clerk Carolyn Jagger’s analysis was �lawed. He said it operated under the premise that the NoDDC grassroots community group and NoDDC Inc. were one and the same. The response details a complicated web of entities all operating under the NoDDC name and calls into question whether the city properly treated each organization as a separate organization. In the letter, Galvin argued that the Jagger’s current interpretation that NoDDC and NoDDC Inc. are the same contradicts a previous settlement between the city and Alexander to resolve a campaign �i-
perintendent Denise Birdwell said they often saw individuals comment on district issues early in meetings and leave before district faculty or staff had a chance to present information on the same issues. “Board members for years had bemoaned the fact that public comment was right up there at the beginning and then when it came time for information, discussion, even decisions, the room was empty,” member Barbara Perleberg said at a board study session on June 6. Despite what may have been good intentions, Beckman said the 2017 changes created a problem with some mem-
On June 25, the board approved Robert Akhbari as principal at Desert Canyon Middle School and Tim Eyerman as principal at Copper Ridge School. Akhbari, who has spent the last 13 years with SUSD, was an assistant principal at Cheyenne Traditional School for the past six years. He started his SUSD career as an assistant principal at Saguaro High School before moving to Kiva Elementary school from 2010 to 2013. According to the district, Akhbari has experience working in a number of different
nance violation complaint �iled in 2018. “The City Attorney should no longer investigate NoDDC, because the determination by the clerk has blurred the distinction between NoDDC, NoDDC PAC, and NoDDC Inc. This mistake could make the entirety of the investigation by the City of Scottsdale questionable,” Galvin wrote. Under that previous agreement, Alexander agreed to pay a $5,000 �ine because “NoDDC” failed to register as a political action committee, according to a letter written by former City Attorney Bruce Washburn. That �ine was based on the over $9,000 raised by NoDDC and monies expended in favor of candidates in the 2018 election, according to the letter. Alexander’s attorney argued that the previous �ine was levied against the NoDDC community group – not NoDDC Inc. – for failing to register as a PAC. Washburn’s letter summarizing the previous settlement only referred to NoDDC, without specifying which group the �ine was being levied against. Galvin argued that the amount of the previous �ine – $5,000 – proves that the city intended to punish the NoDDC community organization.
bers of the public who viewed it as an attempt to “wait out” constituents who wanted to speak. ”In fact, some time ago I witnessed a community member walk out of a lengthy meeting and say aloud as she was leaving, ‘Okay, you win. I cannot stay any longer,’” Beckman said. “If we are to truly serve those that elect us, we need to listen and also respect for their time.” Greenburg referenced similar complaints. “I am happy that the Governing Board agreed to make this change as requested by our community,” Greenburg said. “I am
areas, including student testing, achievement and discipline, emergency response planning, gifted programs and special education. Unlike Akhbari, Eyerman is new to SUSD. He will succeed Lindsay Stollar Slover, who is joining the district of�ice, as principal at Copper Ridge School, which serves grades Kindergarten through eighth grade. Eyerman most recently held the title of senior director of Charter School Advocacy for BASIS.ed and ran the organization’s grades 5 to 12 school in Washington, D.C. from 2014 to 2017.
“If NoDDC and NoDDC, Inc. were the same entity, then the only money that should have been subject to �ines was NoDDC’s approximately $300 in spending,” Galvin wrote. He argued that if the city is going to treat NoDDC and NoDDC Inc. as the same entity then the city should largely refund Alexander’s $5,000 �ine because “the remainder of the funds were corporate funds and had no relation to the PAC, as it was not PAC money.” Otherwise, if NoDDC and NoDDC Inc. are separate organizations, Galvin argued the city should drop the current complaint. “By levying a �ine of $5,000, the City Attorney and Clerk was (sic) implicitly assuming all �inds raised were the property of the PAC, not the corporation. This untenable conclusion by the City is akin to �ining Mr. Alexander and his associates twice for the same series of events,’ Galvin wrote. Essentially, Alexander’s lawyer has told the city that the most recent complaint is an attempt to punish NoDDC Inc. for improperly operating as a PAC when it already punished the community group for the same violation.
happy that I have been able to achieve one of my campaign promises, and I believe that this is a step forward, however big or small, in rebuilding the community’s faith and trust in our District.” Perleberg, who was board president at the time the rule was changed in 2017, said she sees the new public comment schedule adopted in June is a good compromise. “I agree that it captures the intent of what past governing boards and what this current governing board is trying to do and that is a productive engagement with our community,” Perleberg said.
The Basis.ed organization manages Basis charter schools, which have campuses throughout Arizona, including in Scottsdale. “Over the past 12 years I have endeavored to make a difference in American education and I am eager to provide educational excellence daily for all Copper Ridge students,” Eyerman said. Eyerman previously headed Basis’ grades 6 to 12 school in Phoenix. Before going to Basis, Eyerman taught at Isaac Middle School in Phoenix and Phoenix Collegiate Academy.