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Fitzgerald accused of council ethics violations

TUSAYAN, Ariz. - In a town with approximately 500 residents, establishing an impartial slate of elected officials can get difficult. In Tusayan, allegations of conflict of interest surround four of five council members regarding Stilo Development Group's proposed development deal requiring Tusayan to annex the 10X property and rezone four parcels already within town limits.

In a letter sent to Mayor Greg Bryan Dec. 22 from Coppersmith, Schermer and Brockelman, PLLC, a law firm representing Stilo, Bill Fitzgerald, the latest council member to come under fire, has been accused of violating Tusayan's ethics policy. The letter contends that following the Tusayan council's passage of five rezoning ordinances Nov. 2, Fitzgerald filed a Statement of Organization to open a political committee advocating the passage of five referenda in opposition to the zoning ordinances.

In paperwork obtained by the News, Fitzgerald is listed as the committee chairman. Clarinda Vail is listed as treasurer. The paperwork was filed with the town of Tusayan Dec. 2.

Roopali H. Desai, the letter's author, states Fitzgerald is "no longer able to remain impartial or objective in choosing between the interest of the town and the interest of himself."

Desai also contends Fitzgerald misused his position as a United States Postal Service (USPS) contracted provider when he solicited signatures for recall petitions for council members Al Montoya, Cecily Maniaci and Bryan while on duty.

The letter requests Fitzgerald be prohibited from participating in or voting on any proposals, contracts or legislation relating to Stilo, screened from information or discussion that could reveal confidential information about the above proposals, contracts or legislation, formally censured and provided education and training regarding Tusayan's ethics policy.

Fitzgerald's employer, Delaware North, was also sent a separate letter detailing alleged Hatch Act and USPS Personnel Security Policies violations.

Bryan, in response to an email inquiry about the letter, said the ethics policy currently in place calls for the mayor to direct the town attorney to open an investigation into the allegations being made against a council member and then bring a report back within 30 days.

"At that time we will present it to the Council, if appropriate, for their determination on any action warranted," Bryan said. "Other than that, I will not make any comments until the report is provided to the council."

Fitzgerald said he hasn't seen either letter.

"I need to wait until I talk to the town counselor before commenting," he said.

Council members Bryan, Maniaci and Montoya have all been accused of conflict of interest in the past.


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