Gilbert council rejects ethics report that cleared mayor of retaliating against critics

Corrections & Clarifications: A previous version of this article did not clarify that investigator Kenneth Fields requested an interview with Gilbert Councilmember Scott Anderson but did not receive a response by the time of filing the report with the town.

Gilbert’s Town Council unanimously rejected the findings of an ethics complaint that cleared Mayor Brigette Peterson of any violations and voted Tuesday to require her to take additional open meeting law training.

The motion passed unanimously 6-0 with Peterson required to abstain from the vote.

The complaint, filed by Gilbert residents Brandon Ryff and Ryan Handelsman, was one of six ethics investigations outside lawyers spent the summer reviewing. The other five wrapped up in September while this one was voted to move forward with an investigation.

The complaint stems from an event that took place in September 2022 when Peterson directed town security to kick Ryff and Handelsman out of a council meeting.

The two men had previously filed a complaint with the town that came to the same conclusion, which they deemed had not been thoroughly investigated. The council approved a second investigation in an attempt to satisfy the residents.

Kenneth Fields, hired by the town to conduct an outside investigation, filed a report in October that found “no evidence of violations” to various sections of Gilbert’s code of conduct.

However, multiple council members questioned the findings because of the lack of “witness interviews.”

Vice Mayor Kathy Tilque and Councilmembers Chuck Bongiovanni and Jim Torgeson requested the report to be added to Tuesday’s Town Council meeting for review, discussion, and possible action.

In a more than hourlong discussion, all but Councilmember Yung Koprowski weighed in on the ethics complaint as well as the pattern of Peterson’s behavior and leadership.

They expressed the desire to put the complaint behind them so they could better focus on addressing the “many challenges facing the community.”

Tilque made the motion to accept the receipt of the report, not accept the findings and note that the complaint will not be reopened. The motion also required Peterson to take the Arizona League of Cities and Town open meeting law training.

Also part of the motion, she directed staff to add to the Dec. 12 agenda to publicly discuss if Peterson has accepted the training, if it has been scheduled and if any other penalties need to be made should the mayor refuse.

Before the motion passed, Peterson said she honored the process and welcomed the findings, but noted, "I am concerned with the appearance of penalizing me" under an "investigation process that I had nothing to do with.”

Peterson declined further comment on the complaint "due to an active lawsuit against the town."

Peterson faces council criticism

Prior to the vote, one by one the councilmembers reflected on how the ethics complaint has affected the productivity of the Town Council.

The responsibility to maintaining audience decorum at council meetings falls on the mayor’s shoulders Tilque said but questioned the mayor's display of “inconsistences” on how Peterson manages meetings during “stressful periods.”

She said the “series of missteps” has been a “high cost” to the town’s reputation. Tilque said she is saddened Peterson has not acknowledged she could have handled the situation differently.

That "is an unfortunate lack of leadership and this community deserves better,” Tilque said.

Brandon Ryff and Ryan Handelsman complaint v. Peterson

During a particularly controversial council meeting in September 2022, Ryff and Handelsman were standing in the back of the room holding signs that said, “Stop Lying.” The two are well-known critics of Peterson’s leadership and they allege the mayor targeted them, as others in the room held up similar signs.

The complaint alleged that Peterson “used her position of power as mayor to retaliate.” The complaint also claimed Peterson leaked confidential information from an unidentified executive session.

In September, four councilmembers voted to reinvestigate the ethics complaint.

The two Gilbert residents requested Fields to interview other witnesses, including Councilmembers Bongiovanni, Torgeson and Scott Anderson.

Fields requested an interview with Anderson but did not receive a response by the time of filing the report with the town.

Regarding interviews with Bongiovanni and Torgeson, Fields wrote in his report, “I determined that these interviews would not be fruitful and thus did not conduct the interviews.”

Bongiovanni criticized that decision saying, “How can an investigator make a conclusion that interviewing us would not have been fruitful without interviewing us to determine whether our interview would be fruitful?”

He said the entire council should be angry its direction was ignored.

Both Councilmembers Bobbi Buchli, Anderson and Torgeson said they were disappointed by the investigation but said it was time to close the matter and move on.

Ryff said in an interview he admired the leadership and courage of Tilque and that it was reasonable and sound. “It’s a great step in the right direction towards taking responsibility for the mayor’s action,” he said.

Ryff has sued in Maricopa County Superior Court over a September 2022 meeting. He is requesting a formal apology from the town for having him and Handelsman “removed wrongfully” from the meeting and is seeking reimbursement of legal fees. He also wants the town to develop rules for council meetings that “respect free speech,” he said. That legal case will continue, Ryff said.

Reporter Maritza Dominguez covers Mesa and Gilbert and can be reached at maritza.dominguez@arizonarepublic.com or 480-271-0646. Follow her on X, formerly Twitter: @maritzacdom.

This article originally appeared on Arizona Republic: Gilbert council rejects ethics report that cleared mayor