South Tucson has rejected a public records request by the Arizona Daily Star, suggesting emails written by city staffers regarding the Pasadera zoning case are โtoo sensitiveโ to be released.
โBecause the case is and remains very sensitive, as City Attorney, I have advised that the matter needs to proceed in the Court setting and that either comments on the issues being litigated or release of documents that are connected to the litigation or may be brought into the litigation are not advised while the litigation proceeds,โ wrote South Tucson City Attorney Edward Matchett.
Interim City Manager Veronica Moreno said the city simply does not have the staffing to search for the requested emails.
โDue to our limited staffing some of these public records requests are delayed in the review process as consideration is given with other priorities,โ she wrote on Thursday.
The Star is seeking emails written by former Mayor Paul Diaz, Zoning Administrator Joel Gastelum, former City Manager Benny Young, former City Manager Luis Gonzales and representatives from the Pasadera Behavioral Health Network related to a zoning fight.
Pasadera claims the city reversed its zoning decision after initially offering assurances that it would let the health network reopen the facility.
Phoenix attorney Dan Barr, a media law expert and counsel to the First Amendment Coalition of Arizona, said Matchett is blocking access to public documents.
He said conversations about a zoning issue are unlikely to be groundbreaking.
โIt is not like there is going to be any private or confidential communications there because they are communicating with an outside party,โ said Barr, who sometimes represents the Star on public-access issues.
As for the argument that the city doesnโt have staffing to search for the documents as required by the law, Barr says that is laughable.
โThe exemption of, โI donโt want to give it to youโ is not recognized under Arizona law,โ he said.
