Prescott’s Showdown. Tucson in Crisis.
Attorney Ryan Heath takes Prescott to court. Tucson’s transit and homelessness crises deepen. Arizona’s strain is showing—here are the cracks.
Arizona is not just Maricopa County — and the rest of the state is making noise of its own.
While Maricopa grabs most of the headlines, the other counties in Arizona is where many of the state’s biggest political shifts begin. These areas may not have the population, but their local leaders have been making moves that deserve attention.
Across Arizona, the message is clear: political power isn’t confined to the valley. The rest of the state is organizing, challenging, and redefining what influence looks like heading into 2026. This report takes a look at two major events happening in Prescott and Tucson.
Prescott Council Appointment Triggers Lawsuit Over Transparency, Ethics, and Political Gamesmanship
What began as a routine city council appointment in Prescott, Arizona, has escalated into a significant legal battle over transparency, claims of conflicts of interest, and adherence to state and local laws.
In a nutshell, Republican council members recused themselves from the process, and a Democrat was ultimately appointed. The recusals effectively took their votes off the board, which some observers view as a procedural out for members who may not have wanted to back either finalist, Republican or Democrat, in a contentious local appointment.
On May 20, 2025, the Prescott City Council voted to appoint Democrat Patrick Grady to fill a vacant seat, a decision now contested in a lawsuit filed by Republican finalist Sherrie Hanna.
The suit, brought by Phoenix attorney Ryan Heath, alleges violations of Arizona’s Open Meeting Law, improper handling of conflicts of interest tied to partisan oaths, and misapplication of the Prescott City Charter.
Hanna’s complaint seeks to void Grady’s appointment, invalidate any votes he’s cast since, and mandate a restart of the selection process.
As of October 19, 2025, Heath filed a TRO around October 16 to immediately pause Grady’s council service. A hearing on the TRO is set for October 24, 2025, at 2:30 p.m. in Yavapai County Courthouse. No rulings on the case’s merits have been issued, and Heath has encouraged residents to attend the October 20 meeting or submit comments on transparency and funding concerns.
In a letter published recently, Heath reiterated the claims and urged public engagement, emphasizing the case’s broader implications for municipal integrity.
Background: The Vacancy and Appointment Process
The saga started when Republican Councilmember Cathey Rusing resigned her seat to run for mayor, creating a vacancy on the seven-member Prescott City Council.
Under the City Charter, the council is responsible for filling such vacancies through a public process. Three finalists were selected: Patrick Grady (a Democrat), Independent Rex Mason, and Republican Sherrie Hanna.
On May 20, 2025, the council conducted public interviews with the candidates. Following the interviews, the council voted 5-1 to enter an executive session to discuss “legal concerns.” After about an hour, they reconvened publicly.
Mayor Phil Goode and Councilmember Lois Fruhwirth then announced their recusals, citing their roles as elected Republican precinct committeemen. They explained that their oaths to support Republican candidates in both partisan and nonpartisan elections created a potential bias.
Connie Cantelme later abstained from the vote. Per the Prescott City Charter, an abstention by a present member is counted as a “yes” vote.
With Goode and Fruhwirth recused, Mayor Pro Tem Cantelme presided. A motion to appoint Grady passed with three “aye” votes from Councilmembers Ted Gambogi, Eric Moore, and Brandon Montoya, plus Cantelme’s abstention recorded as a “yes.” Grady was sworn in shortly after and has served on the council since, filling the term through November 2027.
The Lawsuit: Key Allegations
On September 17, 2025, Heath filed a notice of claim against the City of Prescott, followed by a full lawsuit and TRO request in Yavapai County Superior Court. The complaint outlines three primary issues:
1. Violations of Arizona’s Open Meeting Law: The law mandates that government business be conducted publicly to prevent secret decision-making. The suit alleges private discussions occurred before and during the May 20 meeting, including a closed-door conversation between Goode and Fruhwirth about recusal, and last-minute advice from City Attorney Joe Young. It also references a May 22, 2025, radio program on KYCA where council members discussed how the plan unfolded, suggesting pre-meeting coordination.
2. Conflicts of Interest Due to Partisan Pledges: Arizona law prohibits officials with conflicts from participating in decisions. The complaint argues that Republican oaths requiring support for party candidates in all elections created a bias in a nonpartisan process involving candidates from different affiliations. Goode and Fruhwirth’s recusals are cited as acknowledgments of this, but the suit extends the argument to Cantelme, who is involved with the Republican Women of Prescott (RWOP). Her abstention, counted as a “yes,” is portrayed as indirect participation while conflicted.
3. Misapplication of the City Charter: The Charter requires a majority vote of remaining members for appointments and treats abstentions as “yes” votes. However, the lawsuit contends that using an abstention to sway the outcome while conflicted invalidates the majority. It further alleges that the recusals and abstention were strategic maneuvers to appoint Grady without Republicans publicly voting against their party’s candidate.
Supporting evidence includes a post-meeting email from Gambogi indicating vote shifts during the executive session, texts from Montoya disputing radio statements, and admissions on the KYCA program about private meetings and fears of party discipline.
Records and Evidence: What the Documents Reveal
Public records and recordings bolster the lawsuit’s claims. The May 20 meeting video shows the transition to executive session and subsequent recusals. Gambogi’s email, attached to the complaint, describes pre-session support leaning toward Mason, followed by the recusals and abstention that secured Grady’s appointment. He noted joining the vote for “unity” once Grady had the numbers.
The legal filings show that a KYCA broadcast hosted by Cantelme, with Goode and Fruhwirth as guests, where Fruhwirth admitted to a private pre-meeting discussion with Goode and seeking legal advice on recusal due to GOP oaths. Goode mentioned risks of party discipline for supporting non-Republicans, while Cantelme cited RWOP bylaws as her reason for abstaining to avoid expulsion.
At the heart of the suit is the claim that Republican members strategically recused or abstained to facilitate Grady’s (a Democrat) appointment without tarnishing their party records.
On paper, the recusals addressed bias; in practice, they altered the voting quorum, allowing a minority to decide. Heath argues this was not neutral but a calculated move to achieve a predetermined outcome, potentially violating open meeting and conflict laws.
The suit also questions why other Republicans like Gambogi and Cantelme did not fully recuse if similar conflicts applied, highlighting perceived inconsistencies in applying RWOP and GOP rules.
City’s Response: Engaging Outside Counsel
The City of Prescott has not yet filed a comprehensive public defense but has taken steps to address the litigation. On October 7, 2025, the Scottsdale firm Pierce Coleman PLLC was retained, with attorneys Christina Estes-Werther and Justin Pierce handling the case. This move shifts away from sole reliance on City Attorney Joe Young, who may become a witness due to his advisory role on May 20.
A special council meeting is scheduled for October 20, 2025, at 8:00 a.m. to approve taxpayer-funded counsel (purchase order No. 2260280). Heath has signaled an amended complaint challenging this, arguing conflicts persist and defendants should fund their own defense.
Why This Matters
Prescott’s city offices are officially nonpartisan, yet this case exposes how partisan loyalties can seep into local decisions. If the court finds Open Meeting Law violations, affected actions could be nullified. A ruling on partisan oaths as conflicts might set precedents for other Arizona municipalities, requiring stricter separation of party roles from public duties.
For residents, this is a test of trust in local government: Can the council adhere to its Charter? Will public business remain transparent? And can external loyalties be set aside in City Hall?
From the beginning,
has been doing in-depth reporting on this entire SAGA. Head over there for all the twists and turns.In a letter published in The Pulse, Attorney Ryan Heath breaks down why he’s taking the Council to court. Read it here:
Tucson is confronting two converging public-policy emergencies: a deteriorating safety environment on its bus and transit network, and a growing homeless and unsheltered population whose plight has drawn urgent attention.
Transit safety under strain
The city’s public transit system, Sun Tran, is facing what many operators describe as a “crisis of safety.” A union representing drivers reports a steady uptick in assaults, illicit behavior and disorder aboard buses and at transit stops.
According to a recent presentation to the city council, there were 15,394 safety incidents in the first five months of 2025 alone.
In a survey of 118 drivers, roughly 75 % said they did not feel safe while operating buses.
A separate study found that 72 % of riders felt “unsafe” or “very unsafe” while on public transit.
A major concern: Inadequately lit bus stops. Of 118 drivers surveyed, 68.6 % strongly disagreed that lighting was adequate.
City officials say open-air drug use, loitering at shelters and encampments near transit hubs, and staffing/maintenance issues are fueling rider and operator unease.
The mayor called mental illness and fentanyl use “the root cause” behind the problems spilling into transit.
In response, the Tucson City Council is considering a new Transit Safety & Security Action Plan, scheduled for presentation in December. The plan may rely on a pending ballot measure extension of the RTA (regional transit authority) sales tax, which if approved would inject millions into transit safety, maintenance, and security.
Many critics believe that Tucson should “bring back fares” instead of allowing riders to ride for free.
The homeless crisis: Visibility and urgency
Meanwhile, the city’s homeless population continues to grow. Walk-throughs of encampments indicate people living along washes, under freeway overpasses, and adjacent to transit stops with little access to services or shelter. Republican State Representative Matt Gress (LD-4) recently toured such sites, calling what he saw “a pure and unmitigated human disaster.”
Also, former GOP congressional candidate Daniel Butierez – who has publicly emphasized his own prior experience with homelessness and addiction – made the crisis a focal point of his campaign. “We have a homeless crisis. We have a drug pandemic that’s impacting this community,” he told a local station.
Butierez contends that the homeless issue is interwoven with transit and public-space usage: unsheltered individuals often drift into bus shelters and stops, compounding safety and service concerns for transit users. While he frames the solutions around enforcement and border policy, he also emphasizes establishing programs to “get the homeless back on their feet.”
Many bus stops and transit centers serve as de facto shelter zones for unsheltered populations — raising concerns among transit operators and riders about safety, cleanliness and reliable service.
In some cases, neighborhoods near transit hubs have grown frustrated by the presence of unsheltered individuals, encampments and consequent public-health or safety issues.
Gress, visually touring encampments and documenting conditions, has used social media to call the situation urgent. One post read: “I just spent the day visiting Tucson’s homeless encampments. This is a pure and unmitigated human disaster. Things must change…”
Butierez, meanwhile, frames his narrative in personal transformation and policy urgency: “If I focus on stopping the drugs, and I get a program established that actually gets the homeless back on their feet, Tucson will—Arizona will become safe again.”
Democrat Representative Alma Hernandez has also spoken out against the transit crisis after a fight on the bus escalated to shots being fired last week.
