The first ethics complaint filed under the town of Gilbert’s new rules for handling such incidents has hit a snag before the newly required mediation.
Complainant Maureen Hoppe has refused to sign a required mediation agreement, objecting to a gag order on discussing the proceedings after completion.
“There is nothing in the ethics policy that says I need to sign a confidentiality agreement,” she said. “This is taxpayer money being used. I think every single taxpayer in the town of Gilbert has a right to know what is being done with their dollars.”
Hoppe filed her complaint Oct. 17 against Councilmember Jim Torgeson about his comments from the dais when a previous complaint of hers was dismissed. Torgeson said in that council meeting Sept. 19 that he did not wish to get “in the mud and wrestle with pigs anymore,” which Hoppe said was tantamount to publicly calling her a pig.
The complaint initially was administratively dismissed for technical reasons, but later refiled and forwarded under the new rules.
Her first complaint, filed July 10, alleged that Torgeson and Councilmember Bobbi Buchli had misinformed the public about issues related to council and failed to correct the misinformation, leading to a campaign of harassment against her when she pointed the issues out in social-media group postings.
Under the ethics complaints rules at the time, that complaint went to an independent investigator, who recommended dismissal of the complaint but said Torgeson should be cautioned about the duties and special responsibilities of an elected public official.
The new rules require mediation first, but if no resolution is reached, it would then go to investigation.
But an agreement from the assigned mediator, attorney Mark Lassiter, included language that “the parties agree that all communications made during the mediation are confidential and may not be discovered, are privileged settlement discussions … and are inadmissible for any purpose in any legal or administrative proceeding … and any such communications are not subject to any subject to any Arizona Public Record Law request.”
Hoppe said her attorney advised her not to sign the agreement under that condition.
Hoppe noted that what Torgeson said was done in a public meeting, but any outcome, such as an apology, could only be done in private and not further discussed with the public under the mediation agreement.
“I mean, this is taxpayer dollars,” she said. “This is not a civil litigation. I’m not getting a divorce from somebody, and we need everything hush hush. This is about a beef I have with a councilmember that has been aired.”
Asked about the agreement, the Gilbert Town Attorney’s Office issued a statement that said mediation is a non-binding process with a neutral third-party trying to help participants reach a mutually beneficial dispute resolution.
"Mediation can only be successful when parties are able to speak openly, and confidentiality requirements are standard in mediation,” the statement read. “For example, mediation for litigation matters is confidential under Arizona law (see e.g., A.R.S. § 12-2238).
“Ultimately, the success of a mediation depends on the ability of the mediator to be able to facilitate a dispute on the terms that are fair, impartial, and most beneficial to a possible resolution. It also requires both parties to agree to mediate in good faith and without fear of their words being used against them.”
The town attorney’s office went on to note that if the complainant is not satisfied with the results, he or she can request the ethics complaint be investigated.
For his part, Torgeson said Thursday he did not call Hoppe a pig in his comments from the dais.
“That’s not what I intended,” he said. “I don't think she's a pig. I am really sorry she feels that way. There was no intent whatsoever.”
Torgeson said his comments were about the ethics complaint process and that calling a woman a pig from the dais would have been a way to anger 50% of the voters out there. He also contended the others on the dais that night did not take his comments that way.
Hoppe sent an email Nov. 30 to Lassiter and Town Attorney Chris Payne asking what would happen if she has not signed the agreement by Dec. 1, the deadline she was given, and if they were willing to remove the confidentiality statement. She also asked if she could speak to the media and friends about what was discussed in mediation.
Lassiter responded that if she did not sign, he would dismiss her complaint with prejudice, meaning she could not refile, and mediation would not go forward.
He also said he would not remove the confidentiality clause.
“That’s the law,” he wrote. “I can’t just ‘remove it’ as the mediator.”
On the question of speaking to the media or friends, Lassiter replied: “That’s a request for legal advice, which neither I nor Mr. Payne can give you. Hire a lawyer.”
Lassiter reiterated she has until midnight Dec. 1 to sign the agreement.
“Ms. Hoppe, you are under no duty or obligation to participate in any mediation, but if you choose to do so then you will be expected to follow the law and the (Gilbert ethics handbook), and neither of those are negotiable,” he wrote in conclusion. “Please govern yourself accordingly.”
Hoppe said she was “floored” by Lassiter’s response, which she found to be condescending.
“Again, there is nothing in the policy that states I have to sign a confidentiality agreement,” she said. “Taxpayer dollars are paying for this. This should be public information.”
We would like to invite our readers to submit their civil comments, pro or con, on this issue. Email AZOpinions@iniusa.org. Tom Blodgett can be reached by email at tblodgett@iniusa.org or follow him @sp_blodgett on X.
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).
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