Voters approved a deal in 2008. The City rewrote it.
“Voter approval is limited to the purposes disclosed to voters at the time of the election.” — Friedman v. Cave Creek USD No. 93, 231 Ariz. 567 (App. 2013).
In 2008, Phoenix voters approved Proposition A — extending the Phoenix Parks and Preserves Initiative — on three express conditions: a restricted purpose, an independent citizens’ oversight committee, and an annual public audit. Counsel has concluded the City has failed all three.
Restricted 3PI funds were used to retire golf-enterprise debt — a purpose never put to voters. The annual audit was replaced with a management-controlled “attestation” that the City itself has admitted is not an audit. Material expenditures, including a $1.85M Papago Golf Course debt purchase, were not properly classified for the Oversight Committee.
GOOD | GOAT served a hold letter on February 10, 2026. The City Attorney responded on February 20. The matter is now in the meet-and-confer window before formal filing.
What the 2008 ballot pamphlet said. Word for word.
Restricted Purpose
3PI funds may be used only for purposes disclosed in the 2008 election materials — 60% parks, 40% preserves, with itemized permitted uses.
Citizen Oversight
All 3PI expenditures must be reviewed by an independent citizens' oversight committee — not pre-cleared, not handed drafts, not bypassed.
Annual Public Audit
Expenditures must be subject to an annual public audit. Not an attestation. Not a management assertion. An audit — the kind voters understand when they vote yes.
Four counts. Each independently sufficient. Together, dispositive.
Unauthorized Use of Restricted Funds
3PI funds were used to retire golf-enterprise debt — a use never disclosed to voters in the 2008 ballot pamphlet. Arizona courts hold that voter approval is limited to the purposes disclosed at election time.
Failure of Voter-Mandated Annual Audit
Voters required an annual public audit. The City has substituted a management-controlled "Independent Accountant's Report on Examination of an Assertion" — which the City has admitted "is not considered an audit." Attestations are not audits.
Misclassification & Concealment
The 2011 Papago Golf Course debt purchase ($1.85M of 3PI funds) was not described to the Oversight Committee as a debt-retirement transaction — depriving the Committee of its voter-mandated review role.
Record-Keeping & Disclosure Failures
The City was unable to produce working papers supporting material compliance representations and initially denied the existence of the $7.15M Sonoran Preserve Acquisition project number — a breakdown in basic record-keeping duties.
The paper trail.
Pre-filing record.
Every step has been documented. Next milestone: meet-and-confer with City Attorney’s office, or formal complaint filed in Superior Court.
202 E. Earll Drive, Ste. 490
Phoenix, Arizona 85012
(602) 844-8610 · joshua@robinsonlawoffices.com
Jerry Van Gasse, President
jerryvangasse@hotmail.com
Document requests: include exhibit number and date range.
Matter GG-2026-003 · 3PI Compliance