Former Nogales City Attorney Michael Massey has filed a case against former mayor Arturo Garino and alderman Sauro Bonilla after he rejected a politically-motivated lawsuit against Garino’s rival and current mayor Jorge Maldonado. are threatening to sue the city, claiming that they conspired to terminate Massey’s employment.
Massey made his claims in a notice of claim filed with the city on March 1, in which he requested $260,000 to settle the dispute. Arizona law gives him 60 days for the city to settle the claim. Massey can then formally file a lawsuit.
Massey’s complaint is unusual in that he was not fired from his job. Instead, his latest three-year contract was allowed to expire in September 2022, ending his 15-year career at City Hall and also serving as deputy attorney and deputy manager. .
Still, Massey’s account of the circumstances under which Garino’s relationship with Bonilla allegedly deteriorated, if true, paints a jarring picture of the backroom machinations of the city’s former mayoral government.
Garino did not respond to a message he left Monday for comment, and Bonilla sent questions to current city attorney Jose Luis Machado, who declined to comment. City Manager Edward Dickey did not respond by press time.
Massey’s claims stem from a situation that surfaced early last year around the time Maldonado resigned from his elected seat on the city council to run for mayor against Garino.
In a memo sent to county law enforcement in April 2022, Massey, who was acting as the city’s attorney at the time, alleged that Maldonado had falsely stated that he had moved out of his Valle Verde neighborhood home. , he said the city of Maldonado owes six years of free sewerage and garbage services to the city.
Massee argued that Maldonado’s actions were a felony and could carry a prison sentence. However, county attorney George Silva disagreed and declined to file a lawsuit.
On August 2, 2022, Maldonado easily defeated Garino and the third candidate, Peter Lera, in the mayoral election. Maldonado will take office in early 2023.
According to Masssee’s Notice of Complaint, once Silva found criminal charges against Maldonado unwarranted, “the city authorities said that Maldonado, a former city councilor and then a candidate for mayor who opposed Garino, was being treated. We have adopted a policy that we should be paid, just like any other sewer payer who is in debt on behalf of the city.”
As a result, the city’s treasurer sent Maldonado a standard billing statement stating the amount he owed, and advised that if he did not pay within 30 days, the city would file a civil suit to recover the debt. Massey says.
“Garino read the letter and was furious, believing that Maldonado was not being treated harshly enough,” Massey claims.
After Maldonado paid off the debt and Massey dismissed the Superior Court appeal, “Garino was again very angry and complained to Massey, ‘So he’s going to get away with it?!'”.
Massy accused Garino and Bonilla of trying to control the city’s course of action against Maldonado from behind the scenes, but, as Massy claims, Garino was legally barred from getting involved. Political enemy. “
In public, Garino appeared aware of the conflict of interest and took pains to distance himself from the city’s pursuit of Maldonado.
For example, regarding the decision to hire a private investigator to investigate the Maldonado sewer bill, Rep. Liza Montiel asked Massey at a council meeting on July 6, 2022 whether Garino was involved in the decision. “Yes,” Massey replied.
The next morning, Garino called NI to deny his involvement, claiming the move was made by Massey and Mayor Dickie.
Massey claims that at one point he was summoned to a meeting with Garino and Bonilla in the mayor’s office.
“Bonilla said the money Maldonado owed to the city was ‘irrelevant,'” Massey said in a notice, adding that he had corrected Bonilla, adding: “In this case, the amount owed is the only question. and it will deal with the problem of extracting it.” Ancillary political gains are unethical and will therefore not be pursued. ”
“They weren’t happy with the answer,” says Massee.
Massey argues that had he followed Garino and Bonilla’s instructions, he would have violated an ethics rule adopted by the Arizona Supreme Court prohibiting the pursuit of litigation for collateral interests. for political gain.
Furthermore, he argues that politically-motivated actions against Maldonado would have exposed the city to civil sanctions and the potential for malicious prosecution/abuse of procedure lawsuits.
Citing “Information and Belief,” Massey claims that shortly after the lawsuit against Maldonado broke down, Garino and Bonilla decided to block the extension of Massey’s contract with the city. has informed other members of Garino’s voting block that it does not want the discussion of a possible extension of Massey’s contract to be on the future agenda.
Garino also rescheduled the September 2022 regular council meeting so that it would take place after Massey’s contract expired, Massey claims.
In fact, the meeting that month was later than usual, on Tuesday, September 13th, instead of the usual first Wednesday. The reason for the delay was not clear at the time.
By the time the mayor and council met on September 13, 2022, Massey had left without explanation.
Deputy City manager John Kissinger confirmed to NI when Massey left earlier that month after his three-year contract expired. City councilor Hector Bohorquez confirmed that normally city councils renew such contracts by voting on agenda items. Someone has to put it on the agenda to update. ”
Mr. Massey “has a reasonable expectation that he will perform his duties as City Attorney fully and adequately, and that his employment with the City will therefore be extended, and that he will at least have due process and property rights to such employment.” I had a Decisions will be made based solely on lawful considerations. ”
“Instead, Garino and Bonilla chose to retaliate against Massey for refusing their request to improperly manage the case for Garino and Bonilla’s personal gain.”
The City Attorney is a “voluntary” position, along with the City Administrator and the Magistrate. This means that people in these positions are doing what the Mayor and City Council want and can be fired at any time without cause, unless the dismissal is illegal (i.e. discriminatory or retaliatory). However, as mentioned earlier, Massey was not fired.
The $260,000 Massey wants to settle the claim with the city is based on lost wages and benefits. A fair and impartial process is followed. ”
NI learned of Masssee’s billing notice to the city from an anonymous informant who provided a copy of the document. NI then verified the document’s authenticity through a public records request with the city attorney’s office.
