Gilbert council member cautioned but found not to have violated ethics code
Torgeson was accused in two separate complaints
Courtesy Town of Gilbert
Gilbert Town Council Member Jim Torgeson was found not to have violated the town's code of ethics, but an investigator concluded he should be cautioned about an "intemperate" voicemail.
Gilbert Town Council Member Jim Torgeson did not violate the town’s code of ethics, an independent investigator found, but the first-term official also was cautioned about his conduct.
That was the conclusion of two different reports from investigator Kenneth Fields, one on a complaint from Mayor Brigette Peterson and a second on one from resident Maureen Hoppe.
Additionally, Town Attorney Christopher Payne recommended council not take up an ethics complaint from resident Brandon Ryff against Peterson because one of the allegations had previously been investigated and a second was too vague to investigate.
Investigations into four other ethics complaints against various council members are still pending. Fields previously recommended Council Member Bobbi Buchli be cleared on Hoppe’s complaint.
Peterson’s complaint, filed July 13, arose from a voicemail recording Torgeson left for Hoppe and which the resident included as evidence on her complaint. It accused Torgeson of “creating and spreading a false narrative and disparaging comment” about her and violating five sections of the council’s code of ethics.
In the voicemail, Torgeson accuses the mayor of unsuccessfully conspiring to attempt to have him charged with extortion and says, “She’s that (expletive). She’s that bad a human being.”
Fields wrote that the voicemail, which he characterized as “intemperate,” arguably could violate a code requirement that Gilbert public officials treat colleagues with respect and courtesy.
“In this case however, the voice message was not a public statement to a fellow colleague but rather in the context of a private conversation expressing an opinion as to a colleague’s character,” Fields wrote.
“In the circumstance here, I do not think this message amounts to a violation of the code, but I recommend Council Member Torgeson be cautioned as to the expectations and special responsibilities of an elected public official.”
Peterson, in a statement texted to the Gilbert Independent, reiterated that her complaint was based on Torgeson falsely saying she was trying to get him charged with extortion. and said it was regrettable that the investigator overlooked that.
"After the almost nine months in the position with numerous training opportunities provided by staff, I'm hoping the duties and responsibilities of an elected official are now fully understood by (Council Member) Torgeson," she wrote.
She also wrote that she would not apologize for honoring her oath of office and serving the community.
“I could have told you it wasn't an ethics code violation,” Torgeson said about the findings. “And I can tell you I stand behind every word I said.”
Maureen Hoppe complaint
Hoppe’s complaint, filed July 10 jointly against Torgeson and Buchli, claimed they had spread misinformation and failed to correct it when shown it was wrong, leading to an orchestrated harassment of Hoppe. Hoppe in private social media groups had challenged the council members’ stances on the District at Cooley Station mixed-use development and a possible pay raise for council members.
Fields handled the joint complaint with separate reports on Buchli and Torgeson and filed his recommendation that Buchli be cleared Aug. 29.
Hoppe’s complaint also noted Torgeson recused himself from a zoning case in Cooley Station for a conflict of interest and did not apologize to Hoppe when he discovered the information he supplied about a salary increase was wrong.
She further accused Torgeson of giving her phone number to George Dottl, a resident and town political activist, and that Torgeson caused her removal from participation in Republican Legislative District 14 precinct activities. Fields dismissed those two allegations as lacking evidence.
Fields also found that information provided by Ms. Hoppe in her amendments to her ethics complaint does not support her allegations of harassment, intimidation or interference.
Torgeson was incorrect about his beliefs on the salary increase and acknowledged such to a friend of Hoppe, Fields found. He added that he was a first-time lawmaker and not trained in law.
“Having a mistaken understanding of the law pertaining to salary increases for members of the Town Council and defending his mistaken belief on the subject is not an ethics violation,” Fields wrote. “His failure to make a public apology specifically addressed to Ms. Hoppe is also not an ethics violation under this Code of Ethics.”
Fields also noted Torgeson’s explanation of his recusal was constrained by the requirement not to speak of what happens in executive session.
“Decisions regarding perceived conflicts of interests and abstaining from voting under the Code have to be left to the discretion of the public official with presumption of good faith on the part of the official,” he wrote.
He again noted the intemperate voicemail and, as with the Peterson complaint, wrote that Torgeson should be cautioned about it.
Hoppe gave a mixed reaction by text to the findings on Torgeson and Buchli.
"I am extremely grateful that the independent investigator identified their wrongdoings, but I disagree they should be given a pass because of their inexperience as first-term lawmakers,” she said. “Most people are taught from early childhood not to lie and to treat others with respect.”
Brandon Ryff complaint
Ryff’s complaint mirrored a lawsuit he has filed against the town stemming from his ejection from a council meeting last fall when he held up a sign critical of Peterson. Two other residents similarly were ejected then.
The complaint asked the town to consider the ethical ramifications of Peterson’s actions, as opposed to the legality. The lawsuit is still awaiting trial.
Maricopa County island resident Terri Naddy, who was not ejected but was in attendance at that meeting, filed a complaint about Peterson’s actions, but an independent investigator then cleared Peterson in October.
Ryff has said at a council meeting and in the complaint that he was never interviewed about the mayor’s actions that night for the investigation into Naddy’s complaint. He called the investigation a “sham” in his ethics complaint.
However, in a memo to council, Payne cited that investigation as the basis for dismissing Ryff’s complaint.
"Reopening allegations that have already been investigated would be improper,” Payne wrote, citing four reasons: lack of authority to do so in the code, fairness and due process rights of the public official, undermining the authority of the council to have its decisions repeatedly challenged, and the public expense.
Regarding a charge that Peterson may have violated the confidentiality of an executive session, Payne wrote that it did identify a particular executive session or time frame.
Further, he noted that an ethics investigation would be the wrong forum for such a violation because it would violate the confidentiality of the executive session and could not be made public.
Ryff emailed council members Aug. 29 questioning the wisdom of Payne recommending not taking up the complaint.
“Decision-making for a town attorney should be based on balancing risk/cost/benefit/harm in a manner that protects the town from/minimizes unnecessary exposure,” Ryff wrote. “What I’m seeing here does the exact opposite.”
He cited bad timing and strategy, poor optics and continued distraction from public business along with continued escalation of interpersonal conflicts as reasons not to dismiss the complaint.
“If the town attorney reverses his decision, that works fine with us,” Ryff wrote in conclusion. “Otherwise, please let me know if three members agree and let’s get this on the agenda for discussion at the next meeting.”
Ryff, in a statement texted to the Gilbert Independent, said he expect the request to be heard at the next council meeting to be granted.
"Light is a great disinfectant against corruption, and we intend to shine plenty of light on the mayor’s lawless actions as well as the corruption and continued display of incompetence from the town attorney," Ryff wrote.
Remaining complaints
Four other complaints are being investigated:
Two separate complaints from Naddy against Council Member Yung Koprowski, alleging she improperly benefited from her company, Y2K Engineering, doing business with the town.
Former Council Member Bill Spence filed a complaint against unnamed council members for threatening a Gilbert landowner’s project and for one or more council members may have failed to report the violation.
Council Member Chuck Bongiovanni filed a complaint against Peterson alleging she inappropriately shared what he believes is confidential council communications and alleging that she was trying to get Torgeson removed from the council's ethics subcommittee.
Tom Blodgett can be reached by email at tblodgett@iniusa.org or follow him @sp_blodgett on X. We would like to invite our readers to submit their civil comments, pro or con, on this issue. Email AZOpinions@inius
Meet Tom Tom Blodgett joined Independent Newsmedia, Inc., USA, in 2022, when the company acquired Community Impact Newspaper's Phoenix-area properties. Raised in Arizona, he has spent more than 35 years in journalism in the state.
Community: He has served as an instructional professional in the Walter Cronkite School of Journalism and Mass Communication since 2005, and is editorial adviser to The State Press, the university's independent student media outlet. He also is director of operations for an 18U girls fastpitch softball team from Gilbert.
Education: Arizona State University with a BS in Journalism.
Random Fact: He lived in Belgium during his freshman year of high school.
Hobbies: Tweeting enthusiastically about ASU softball (season-ticket holder) and grumpily about other local sports (pessimistic fan).
By 
Comments
No comments on this item Please log in to comment by clicking here