Chandler Council member suing city, Scottsdale over prosecutions
Independent Newsmedia/Jason W. Brooks
Chandler City Council member O.D. Harris speaks during a recent meeting. He is suing the city he serves and the City of Scottsdale for what he says is discriminatory prosecution for stealing political signs in 2024.
O.D. Harris has become the second Chandler City Council member to sue the city they work for in recent years.
Harris anounced, via social media, June 26 that he’s suing the city of Chandler, including all members of the 2024 Council except himself, along with then-Chandler Police leadership and city of Scottsdale prosecutors and leaders for what he states is discrimination in being prosecuted twice for alleged political sign stealing.
He shared two notices of claim — one for Chandler and one for Scottsdale — in which he seeks $5 million from each city.
The notice of claim against both cities states the problem is, at least in part, racial, as he states that when he was running for reelection in 2024, “the caucasian individuals removing Councilman Harris’ official political campaign signs and putting the ‘NO-OD’ racially offensive sign on his signpost should have been prosecuted — not Councilman Harris, who is African American.”
The notices state the problem is systemic and all of city leadership is responsible.
“The problem of damage to political campaign signs in Chandler is a reoccurring issue,” the claim states. “The Municipal Policy Makers’ failure to train law enforcement officials regarding proper procedures for investigating allegations that a candidate violated A.R.S. 16-1019(A) or A.R.S. §13-1602(A)(1) amounts to a reckless indifference to the rights of potential candidates.”
The notices claim city leaders shopped around the Valley for a city prosecutors’ office that would take the case.
A Chandler Justice Court dismissed the case without prejudice in the fall of 2024; Scottsdale prosecutors got a case against Harris to the Arcadia Biltmore Justice Court in January, where Harris was acquitted by a judge.
That judge ruled the signs in question weren’t political in nature. Harris told the Chandler Independent that opposition sign in question was placed on his personal property.
Harris is suing Mayor Kevin Hartke and most of the Council, except for himself. That includes council member Jane Poston, who herself was initially listed as both a defendant and a plaintiff when she sued the city in a recently settled case over rumors that Poston was under federal investigation.
Also named are recently retired City Attorney Kelly Schwab, now-former City Council member Mark Stewart, departed City Manager Josh Wright and ex-City Clerk Dana DeLong, former assistant police chief Dave Ramer, Police Chief Bryan Chapman and three assistant chiefs and Officer Ryan Kostur.
Named in the Scottsdale claim is the City Council and mayor, prosecutor Jared Johnson, other prosecutors, former city communication director Kelly Corsette and City Manager Greg Caton.
Harris said he gave the notice of claim much thought.
“After months of prayer, reflection, and conversations with my family and Chandler residents, I have made one of the most difficult decisions of my public life,” Harris wrote in a statement about his decision to sue. “This decision was not made out of anger or revenge. It was made because I believe accountability, transparency, and equal justice under the law must apply to everyone, including our local government.”
Harris said that for more than 20 months, his family, my reputation, and my ability to serve were put through “an extraordinary ordeal.”
“While the truth ultimately prevailed, it did not erase the damage caused along the way,” he wrote.
Harris said the lawsuit is not about politics or retaliation.
“It is about asking the courts to determine whether government officials exercised their authority in a manner consistent with the U.S. Constitution, due process, and the rule of law,” Harris wrote.
Jason W. Brooks News Editor | Chandler Independent
Jason W. Brooks joined Independent Newsmedia, Inc., USA, in July 2021 as an associate editor. After a year covering Buckeye, he has covered Chandler since the fall of 2022, in addition to assisting the Daily Independent throughout his time at INI.
Education: University of New Mexico, bachelor of arts in journalism and mass communication, print emphasis, English minor.
Random Fact: He and his siblings witnessed a Space Shuttle launch and landing in the same year in person, on opposite coasts.
Hobbies: Karaoke, bicycling and American Sign Language.
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