Gilbert's mayor declared the four incoming councilmembers had no "formal role in policy decisions" before they are sworn in, responding to a letter released on July 29 outlining their priorities.
Mayor Scott Anderson congratulated the incoming councilmembers in the statement and clarified “how this transition works.”
Anderson said the new members would be sworn in this January, and that their policy-making roles would begin then, not before.
He stated that the current council holds that responsibility.
“If we want a productive transition, it needs to happen through the appropriate channels and directly with the Town, not through public statements that include inaccuracies about how decisions are being made or who is making them,” he said.
The statement
came after the four incoming councilmembers released a letter on July 29 vowing to usher in a new era for the town by targeting at least $478 million in spending and restoring trust in Town Hall.
The results of the July 21 primary mean the four winning challengers, Spence, Beth Golden, Joel Coen and Bus Obayomi, constitute a voting majority bloc when the new council takes office Jan. 5.
The July 29 letter caused controversy within the current council, including two members who lost their reelection bid.
Councilmembers Chuck Bongiovanni and Jim Torgeson called for an investigation into the letter, claiming they were coordinating behind closed doors.
The town attorney reviewed the claims and "determined that an investigation is not warranted," said Joanna Guzman, a spokesperson for Gilbert, in a statement. Two state agencies clarified open meeting laws don't apply to members-elect.
The council was set to canvass the results of the July 21 primary election on Aug. 4.
What did Gilbert's councilmembers-elect say they wanted to do?
The four incoming members stated in the letter their objectives were “ambitious and bold.”
They demanded an “immediate moratorium on all non-critical spending.”
Specifically, they targeted park projects including Phase 2 of Gilbert Regional Park, the Freestone Pickleball Complex and Splash Pads, Desert Sky Park and the Riparian Education Center.
In the letter, they stated they were “committed to exploring every possible option” to review the town’s utility rates.
The four stated they wanted critical data to develop “fairer and more equitable utility rates.”
Did the incoming Gilbert councilmembers break state law?
Anderson, Bongiovanni and Torgeson criticized the four incoming councilmembers for their July 29 letter.
Bongiovanni believed the quartet could have broken the law.
State law has open meeting laws for public bodies.
A meeting is defined as a "gathering ... of a quorum of the members of a public body" to discuss or take legal action, explained Nick Bacon, an attorney with the Arizona Ombudsman-Citizens’ Aide.
A quorum of a public body's members cannot meet to discuss public business without following the OML's requirements, he said.
He clarified that a group of members-elect who have not taken office could meet without violating state law.
The Arizona Attorney General's Office, which oversees investigating open meeting law complaints, reached a similar conclusion.
If the elected candidates met to discuss priorities and not specific votes, it was unlikely a violation, said Richie Taylor, a spokesperson for the office.
How is Gilbert Town Hall reacting?
The town clarified Phase 2 of Gilbert Regional Park was already paused following the current council’s spring financial retreat in March, four months before the election.
A statement later released on the town’s website said, “Given the scale of investment, several members of the current Council have expressed interest in reassessing the Gilbert Regional Park capital improvement project, which will be paused while the evaluation is completed.”
The statement said the town was “committed to being transparent throughout this process.”
Anderson, who has two and a half more years left of his term, said he was looking forward to working with the quartet "through the appropriate process, to ensure we are making the best decisions for Gilbert today and into the future.”
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Reporter Maritza Dominguez, who covers Mesa, Gilbert and Queen Creek, can be reached at maritza.dominguez@arizonarepublic.com or 480-271-0646. Follow her on X, formerly Twitter: @maritzacdom.
This article originally appeared on Arizona Republic: Gilbert mayor warns new council, sets up tense 5-month transition
