By Steve Otto
A citizen of Payson was recently accused of spreading false information about the ADA matter between Mark Davis and Town of Payson.
I reread 5 documents I have in my possession regarding Mr Davies, Key Bridge Foundation, the US Department of Justice and the Town of Payson. I’m going to share some key points in the short time allotted me.
Mr Davies referred his complaint to the DOJ and Town of Payson was notified.
The August 21, 2020 document from DOJ to Mr Davies assigns a case number and a description of services offered and the mediation procedure.
Key takeaway is in the 3rd paragraph, “A SUCCESSFUL MEDIATION RESULTS IN A BINDING AGREEMENT BETWEEN THE PARTIES”.
KEY BRIDGE FOUNDATION IS A PUBLIC/PRIVATE PARTNERSHIP HANDLING DOJ MATTERS founded by the DOJ.
OCTOBER 14, 2020, TOWN OF PAYSON WAS SENT A LETTER LISTING ADA COMPLAINT # 20-DRS-08-03 2AZ295, DAVIES V. TOWN OF PAYSON. THIS LETTER GAVE TOWN OF PAYSON A WINDOW TO ACCEPT MEDIATION UNTIL 10-23-2020. An enclosure of the ADA complaint was also noted. Signed by Thomas H McCloud JD.
Several citizens of Payson submitted FOIA’s for who signed for TOP accepting mediation. All came back with no document available. A redacted email between TOP Manager, Justin Pierce and Thomas McCloud dated October 26, 2020 was part of my last ADA FOIA. In that email RE: Davies v. TOWN of PAYSON 20 DRS-08-03 it states, “THIS E-MAIL CONFIRMS THAT THE TOWN OF PAYSON WOULD BE INTERESTED IN PARTICIPATING IN THE MEDIATING PROGRAM TO THIS COMPLAINT”.
I HAVE ENOUGH EMAILS FROM Justin Pierce, Payson Town Manager and others to confirm that Payson was bound by the agreement.
NO PART OF THIS MEDIATION WAS VOLUNTARY AFTER PAYSON ACCEPTED THE MEDIATION.
WHEN WAS TOWN COUNCIL AWARE OF THE KEY BRIDGE MEDIATION AND BINDING COMPONENT? FOIA’s indicate it wasn’t until January 2021.
As the Payson Town Council it’s your move.
See the documents below:
U.S. Department of Justice
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