Seventeen months of silence. Two days of production after suit.
“Public records and other matters in the custody of any officer shall be open to inspection by any person at all times during office hours.” — A.R.S. § 39-121.
On September 30, 2023 — three weeks after the City Council approved a 22-story project at Central & Glenrosa over neighborhood opposition — Plaintiff filed two public-records requests with the City. The first sought communications between Council District 4 and the developer-side attorneys and neighborhood-board figures who shaped the rezoning. The second sought communications between District 4 and Phoenix Planning Director Josh Bednarek and his aide Nick Klimek.
The City auto-acknowledged the requests the same day. For roughly seventeen months, no substantive production followed. On February 28, 2025, Plaintiff sued under A.R.S. § 39-121.02. On March 5, 2025 — two days after service — the City produced “no responsive records” on the first request and approximately 152 pages plus a handful of text messages on the second.
The case is now in the discovery-motion phase. Oral argument was held May 5, 2026 on Plaintiff’s motion for limited discovery and an index of withheld records; a trial-setting conference is scheduled for June 10, 2026.
The City had a name for what it was doing.
Three theories. One Count. The Public Records Law.
Failure to Promptly Furnish Public Records
Two records requests submitted September 30, 2023 sat without substantive response for roughly seventeen months. Plaintiff invokes statutory deemed-denial under A.R.S. § 39-121.01(E) and seeks fees under § 39-121.02(B).
Inadequate Search & Custodian Coverage
When records were finally produced two days after suit was filed, the City returned "no responsive records" on one request and a partial production on the other. Independent records show responsive emails between Pastor’s office and outside parties existed and were not produced.
Privilege Without an Index
The City withheld documents on attorney-client and work-product grounds without producing an index of withheld records or categories. The pending motion seeks an order compelling that index and limited discovery on search methodology.
The paper trail.
From rezoning vote to discovery motion.
The records dispute predates the lawsuit by roughly seventeen months. The litigation record begins with the September 2023 PRRs and runs through the discovery motion argued on May 5, 2026. Trial setting is June 10, 2026.
202 E. Earll Drive, Ste. 490
Phoenix, Arizona 85012
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Thacker v. Phoenix & Pastor · CV2025-007652