News & Updates

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.

– Prescott City Council