By Jim Wright
Arizona law requires elected officials to file a declaration of conflict of interest when they believe they may be involved in a potential conflict situation. The law is a bit lame.Case in point:
Brenda Even, chair of the Tucson Unified School District Board, participated, influenced and voted for TUSD's purchase, along with the City of Tucson, of 8.25 acres known as the La Reforma properties in Barrio Viejo.
The long-debated La Reforma parcel was selected by TUSD and the city as the site for the new Drachman Elementary School--or at least for a significant portion of it.
The La Reforma tract is owned by a limited liability company, 10th Avenue Properties. The company has two owners, legendary land speculator Donald R. Diamond and Diamond Management Inc.
The La Reforma purchase was discussed and debated by the TUSD Board for more than a year. At no time did Even mention she and her husband, John R. Even, were business partners with Diamond.
Doing business under a fictitious name, Presidio Properties, the Evens, along with Diamond and five other partners, own the Transamerica Building, 177 N. Church.
The reason Even didn't mention her partnership with Diamond? She didn't have to.
Larry Klose, counsel for the TUSD Board, says Even wasn't obligated under Arizona statues to file a declaration of conflict of interest, because the Transamerica property is owned by a different entity than the company which owns the La Reforma tract. Cute.
So, technically, Even has not violated the Arizona statutes on conflict of interest?
"Not even close," says the TUSD attorney. In order for a
violation to exist, Even would have had to show a monetary gain. "She's not a partner in 10th Avenue Properties. So how can she show a monetary gain?" said Klose.
Robert A. Fortuno, the statutory agent for 10th Avenue Properties, said he doesn't believe Even did his group any favors. According to Fortuno, TUSD and the city are currently in court over the issue of the condemnation of the La Reforma site.
Even, however, was fully involved in the discussions and actions of TUSD well before TUSD and the city disputed the asking price for the La Reforma tract.
TUSD Board Member Joel Ireland is not amused by what he says is Even's failure to voluntarily disclose her financial relationship with Diamond. "Maybe she's technically under the line," Ireland said, "but, ethically...I think she's way over the line."
If Even has made an ethical blunder, she is not aware of it.
When The Weekly called her at her home to ask about her partnership with Diamond and her votes to purchase the La Reforma properties, she replied, "I'm sorry, I don't see any relevance. I'm sorry, I've got to leave. Bye."
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