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On AppealSupporting & Watching · Open Meeting Law
CV2025-026278 · Maricopa County Superior Court · Hon. Scott Minder

THACKER v.

CITY OF PHOENIX.

An open-meetings test of vague agendas, blanket pre-approvals, and the legal-advice exception.

In November 2024, the Phoenix City Council pre-approved 17 executive-session dates for all of 2025 in a single vote. Two of those sessions were noticed only as “Community Citizen Comment.” A statutory special action under A.R.S. § 38-431.07 followed. The trial court granted summary judgment for the City on Feb. 27, 2026; final judgment was entered Apr. 7, 2026. The Notice of Appeal was filed May 6, 2026.

Case Caption
Plaintiff
Jeremy Thacker
v.
Defendant
City of Phoenix
Court
Maricopa County Superior Court · Phoenix, AZ
Docket
CV2025-026278
Judge
Hon. Scott Minder
Counsel
Joshua W. Carden, Robinson Law Offices
Status
On Appeal
Cause
Statutory special action under A.R.S. § 38-431.07 alleging Open Meeting Law violations.
docket:CV2025-026278
filed:2025-07-28
judgment:2026-04-07 (defendant)
appeal:2026-05-06 (notice filed)
next:opening brief · arizona court of appeals
Statement of the Case

One vote in November 2024. A year of closed-door meetings.

“Meetings shall be conducted openly and notices and agendas shall be provided.” — A.R.S. § 38-431.09(A).

On November 13, 2024, the Phoenix City Council adopted Agenda Item 21 — a single vote pre-approving seventeen executive-session dates for all of 2025. The vote treated a year of closed-door meetings as a single procedural housekeeping item.

Two of those sessions — held January 28 and February 11, 2025 — were noticed only as “Community Citizen Comment.” The same agendas listed other items with names and matter numbers. A public-records request seeking clarity on what was actually discussed was answered with a blanket privilege denial and no privilege log.

The trial court granted summary judgment for the City on February 27, 2026. Even ruling for the City, Judge Minder noted he was “not endorsing the City’s occasionally shifting justification for withholding documents” and observed that the City could adopt the plaintiff’s proposed voting process “to avoid future questions about secrecy from its residents.” The Notice of Appeal was filed May 6, 2026.

Matter Details
Court
Maricopa County Superior Court
Docket
CV2025-026278
Judge
Hon. Scott Minder
Plaintiff
Jeremy Thacker (individually)
Defendant
City of Phoenix
Counsel
Joshua W. Carden
Firm
Robinson Law Offices
Status
On Appeal
Trial Court
Judgment for Defendant · Apr 7, 2026
Filed
Notice of Appeal · May 6, 2026
Our Role · Supporting
Plaintiff Jeremy Thacker is a member of GOOD|GOAT. The organization had not yet been formed when this matter began, and GOOD|GOAT is not a party.
The Zuercher Contract

A $415,000 city-manager contract that existed before the agenda did.

Sep 15, 2025
ABC15 reports the City intends to rehire Ed Zuercher as City Manager at a salary above $415,000 — before any public agenda lists the contract.
Sep 16 · 4:45 a.m.
Revised Final Agenda PDF created.
Sep 16 · 9:36 a.m.
Zuercher employment contract PDF created. Document author per metadata: Julie M. Kriegh, City Attorney.
Sep 16 · 2:41 p.m.
Revised Final Agenda — now adding Item 83 (Zuercher contract) — distributed.
Sep 17 · 2:30 p.m.
City Council formal meeting votes Agenda Item 83. Plaintiff files Emergency TRO and Motion for OSC the same day.
Less than twenty-four hours separated the contract’s authorship from the public vote that approved it. The trial court denied emergency relief. The metadata is preserved on the public docket.
Claims for Relief

Three theories. One Count. The Open Meeting Law.

COUNT I

Vague Agenda Descriptions

Executive-session items labeled only "Community Citizen Comment" and "Federal Guidance for Public Benefits" did not apprise the public of the matters to be discussed. The same agendas list highly specific items elsewhere — the City can be specific when it wants to.

Authorities
A.R.S. § 38-431.02(H), (I)
COUNT II

Blanket Pre-Approval of Closed Meetings

On November 13, 2024, the Council pre-approved 17 executive-session dates for all of 2025 in a single vote — including dates after a councilmember not yet seated would join the body. The statute requires a public majority vote before each closed session.

Authorities
A.R.S. § 38-431.03(A)
COUNT III

Legal-Advice Cover for Policy Deliberation

Sessions noticed for "legal advice" were used to deliberate or commit on policy and personnel choices that must occur in public. Legal-advice protection ends where policy discussion begins.

Authorities
A.R.S. § 38-431.01(A); City of Prescott v. Town of Chino Valley, 166 Ariz. 480 (App. 1990)
Filings & Evidence

The paper trail.

Ex.
Document
Date
Type
EX-A
Notice of Appeal
Maricopa County Superior Court · CV2025-026278
May 6, 2026
PDF · Filed
EX-B
Judgment for Defendant
Hon. Scott Minder · final judgment
Apr 7, 2026
PDF · Court Order
EX-C
Order Granting Summary Judgment
Hon. Scott Minder · minute entry
Feb 27, 2026
PDF · Court Order
EX-D
Plaintiff’s Motion for Summary Judgment
Carden / Robinson Law Offices
Dec 1, 2025
PDF · Filed
EX-E
City’s Motion for Summary Judgment
Office of the Phoenix City Attorney
Dec 1, 2025
PDF · Filed
EX-F
Order to Show Cause Ruling
Hon. Scott Minder · in-camera review ordered
Oct 22, 2025
PDF · Court Order
EX-G
Motion for TRO (Zuercher Contract)
Plaintiff · emergency relief
Sep 17, 2025
PDF · Filed
EX-H
Motion for Order to Show Cause
Plaintiff · same-day filing
Sep 17, 2025
PDF · Filed
EX-I
First Amended Complaint
Plaintiff · OML special action
Sep 4, 2025
PDF · Filed
All linked filings are public-record copies of court documents. Notice of Appeal copy will be posted once the file-stamped version is returned.
Docket

Trial-court record & appeal.

The trial-court record is closed. The Notice of Appeal was filed May 6, 2026. The next milestones are the appellant’s opening brief and oral argument before the Arizona Court of Appeals.

May 6, 2026
Notice of Appeal filed.
Apr 7, 2026
Final Judgment for Defendant signed by Judge Minder; filed Apr 8.
Mar 9, 2026
Court denies Plaintiff’s Rule 56(d) request.
Feb 27, 2026
Order Granting Summary Judgment in favor of the City. Judge Minder writes he is "not endorsing the City’s occasionally shifting justification for withholding documents."
Feb 24, 2026
Oral argument held. Plaintiff appears with retained counsel Joshua Carden.
Feb 23, 2026
City produces previously-withheld documents in redacted form, days before oral argument.
Jan 27, 2026
Court sets oral argument for Feb. 24, 2026.
Dec 1, 2025
Cross-motions for summary judgment filed by both sides.
Oct 22, 2025
Court orders the City to produce executive-session minutes and withheld records for in-camera review.
Sep 17, 2025
Plaintiff files Emergency TRO and Motion for Order to Show Cause; Council votes Item 83 (Zuercher contract) less than 24 hours after the contract PDF was authored.
Sep 4, 2025
First Amended Complaint filed.
Jul 28, 2025
Original Special Action filed in Maricopa County Superior Court (CV2025-026278).
May 19, 2025
Plaintiff submits public-records request R022550-050925 seeking records on the two "Community Citizen Comment" agenda items.
Feb 11, 2025
Council holds second executive session under the same vague "Community Citizen Comment" label (Item 4).
Jan 28, 2025
Council holds executive session noticed only as "Community Citizen Comment" (Item 7).
Nov 13, 2024
Phoenix City Council adopts Agenda Item 21 — a single vote pre-approving 17 executive-session dates for 2025.
Related Matter · GOOD|GOAT Litigation
Phoenix Parks & Preserves Initiative — 3PI Compliance
Same City, same secrecy reflex. Hold letter served on the City of Phoenix concerning systemic failures to comply with voter-mandated 3PI restrictions.
See the Matter →
Counsel of Record
Joshua W. Carden
Robinson Law Offices
202 E. Earll Drive, Ste. 490
Phoenix, Arizona 85012
(602) 844-8610 · joshua@robinsonlawoffices.com
Disclosure
GOOD|GOAT
Plaintiff Jeremy Thacker is a member of GOOD|GOAT. The organization had not yet been formed when this matter began, and GOOD|GOAT is not a party. Our role is research, indexing, and coverage.
Press & Inquiries
press@goodgoat.net
Document requests: include exhibit number and date range.
Thacker v. City of Phoenix · CV2025-026278