GOOD|GOATGovernment Oversight & Accountability Teamgoodgoat.net ↗
3PICPhoenix Parks & Preserves Initiative
GOOD|GOAT3PICThe StoryThe il“legal” Opinion

The permission mechanism

Beat 3 of 7

The il“legal” Opinion

A 2013 City opinion converted past golf operating-and-maintenance debt into an allowable parks expense—after Phoenix had already used 3PI for Papago golf debt.

Public-ready findingL-05 · v1 · no corrections

1 · Record fact

The February 28, 2013 opinion concluded PPPI could retire accumulated golf operating and maintenance debt because golf courses are recreational facilities and the ballot did not expressly exclude them. The opinion came after the December 2011 Papago bond-debt transaction and cited prior PPPI retirement of Papago debt as precedent. At the March 6 vote, the Mayor said the City Attorney had given an opinion that the use was legal but that he had not seen it.

2 · City position

The City’s position is that golf courses are recreational facilities within the parks system, the ballot language did not prohibit golf debt repayment, and PPPI therefore could fund the repayment.

3 · GOOD|GOAT finding

GOOD|GOAT calls the opinion after-the-fact legal cover. “After-the-fact” describes the chronology, and “cover” describes the opinion’s justificatory function. It does not claim to prove an official’s unrecorded subjective motive.

GOOD|GOAT counsel’s published rebuttal reads the voter restriction differently and is available beside the City opinion so readers can inspect both arguments.

Reader-belief testThe restriction did not stop the use because the City reinterpreted it after an earlier golf-debt transaction.