Yavapai County Superior Court Judge Michael McGill has denied the second of two temporary restraining orders sought by Prescott resident Sherrie Hanna in lawsuits against the city and council members.
Thursday’s ruling denies emergency relief in Hanna’s primary case, which seeks to void Patrick Grady’s May 20th appointment to the City Council.
The judge wrote, “Because Hanna has failed to meet her burden to show that preliminary injunctive relief is necessary, the application is denied.” McGill found no strong likelihood of success on open meeting law claims, stating the executive session contained only permissible legal consultations and deliberations with no formal vote or decision taking place behind closed doors.
In a companion order, the court released the complete minutes of that May 20th executive session, which lasted just under one hour.
According to the released minutes, Mayor Phil Goode and Councilwoman Lois Fruhwirth stated they had previously taken an oath to support only Republican candidates and noted that two finalists — Grady and Rex Mason — are not registered Republicans.
According to the released minutes, Councilman Brandon Montoya asked if members could abstain. City Attorney Joseph Young clarified that abstentions count as affirmative votes under the City Charter and that recusal would be appropriate if a member felt biased.
According to the released minutes, Montoya then noted that “if three people recused themselves, they would not have a quorum.”
The minutes state each council member then shared their thoughts regarding the interview of each potential candidate before the session ended.
In open session, Goode and Fruhwirth recused themselves. Montoya nominated Grady, who was appointed three-to-zero with Councilwoman Connie Cantelme abstaining.
The underlying lawsuit remains headed to trial. A related case challenging the council’s hiring of outside counsel is also pending.
Patrick Grady continues to serve on the Prescott City Council.