Photo: Prescott City Council in 2023
Following the Executive Session on April 9, 2024, Prescott City Council directed the following statement be issued regarding the release of attorney-client privileged documents in late 2023.
As the governing body of the City of Prescott, the City Council takes seriously its obligation to protect confidential and protected documents. In that light, the City Council wishes to inform the public of steps taken to investigate the release of certain attorney-client privileged documents; specifically, the reports of three human resources investigations.
The City of Prescott Information Technology department performed an audit of its email systems to verify that the documents were not distributed to unauthorized recipients electronically. Prescott I.T. did not find any unauthorized distribution through email or electronic means.
In order to limit the potential financial liabilities that could result from releasing protected, private information, the City Council directed staff to seek the return of any known copies of these documents, and to assert the attorney-client privilege in Court if necessary.
In order to protect attorney-client privilege from unauthorized leaks, one necessary step is for those that received such documents to sign an affidavit attesting to maintaining its confidentiality. To that end, six out of seven City Councilmembers signed an affidavit swearing that they did not disclose these documents. An affidavit was signed by: Mayor Phil Goode, Mayor Pro Tem Connie Cantelme, Councilmember Cathey Rusing, Councilman Eric Moore, Councilman Ted Gambogi, and Councilwoman Lois Fruhwirth. Councilman Brandon Montoya declined.
Additionally, in an attempt to determine the source of the illegally released documents, and without staff requests to do so, many members of Council chose to voluntarily submit to a polygraph examination. Each Council member that underwent the investigation was found to have honestly answered “no” to two questions: 1) “Did you disseminate those documents to anyone?”; 2) “Did you transmit any of those documents to the media?” The following Council Members submitted to the polygraph examination: Mayor Phil Goode, Mayor Pro Tem Connie Cantelme, Councilmember Cathey Rusing, Councilman Eric Moore, Councilman Ted Gambogi, and Councilwoman Lois Fruhwirth. Councilman Brandon Montoya declined.
Having exhausted its possible investigative options, the City Council now considers the internal investigation into the leak of confidential documents closed, and will continue to protect the confidentiality and privacy of its employees, both past and present.
7 thoughts on “Prescott City Council Statement Regarding Release of Attorney-Client Privileged Documents”
Yikes! Thank goodness Brandon Montoya isn’t my financial advisor, because I’d fire him asap after learning about this 🙄
So agree with you. I’d be running for the hills too. After all, there are no degrees of honesty. You either are — or you aren’t.
Well, even Sherlock Homes would have a go at the results of the polygraph non test.
The fifth amendment protects Americans against self incrimination or to “be a witness onto himself”.
Hopefully, citizens of Prescott will become aware of these proceedings before the next election.
This was not a trial here so the 5th Amendment has no application. But what does apply is an elected official’s duty to the public trust. Mr. Montoya’s failure to sign an affidavit — swearing he did not disclose confidential documents — breaks that public trust. For that alone, he is no longer capable nor deserving to represent the good citizens of Prescott. Mr. Montoya should resign effective immediately.
How do you say “I am guilty” without saying “I am
guilty” ….
Agree with MB Hrin. Mr. Montoya should resign and not seek public office again.
The penny drops. Montoya needs to resign or be recalled. His failure to take the polygraph or sign the affidavit tells you all you need to know. Any level of trust he had developed among other council members or the city is or should be gone.
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