Scottsdale Schedules Fire Chief's Wildfire Mitigation Recommendations for February Council Consideration

Fire Chief Requests Expanded Authority on Fuel Management as Council Confronts Allegations of Open Meeting Law Violations

Scottsdale's January 28 city council meeting centered on Fire Chief Tom Shannon's detailed presentation on wildfire mitigation and preparedness, but was overshadowed by public allegations that Vice Mayor Barry Graham violated Arizona open meeting law by coordinating a council vote before the inaugural meeting of the newly sworn council members. The mayor directed agendizing the fire chief's recommendations for February 11, while several council members pressed for expanded inspector authority and fuel management oversight across the city's extensive open space holdings.

Key Speeches

"I just don't want to leave you with the impression that there's a problem. I just don't know that it'll always be me and my fantastic partners in these seats, and so I think that we can do better there." — Fire Chief Tom Shannon, on the need for structured authority over fuel prioritization in NAOS and Preserve areas

"I think we need to have some safeguards in place to give the authority to the Chief who ultimately is accountable for what happens." — Councilwoman Solange Whitehead, responding to Shannon's request for expanded oversight authority

"If an electronic communication from one member of the public body proposes legal action and is sent to enough members of the body to form a quorum, a violation occurs—even if no public member responds to the electronic communication." — Former Councilman Tom Durham, citing the Arizona Attorney General handbook on open meeting law violations

"It appears that Barry Graham violated the open meeting law of ARS 38-43 by emailing a quorum of the council to strategize on the vote of an agenda item… the repeal of the sustainability plan is null and void since it was taken down in violation of open meeting law." — Dan Isaac, public commenter, alleging illegal coordination

Timeline

Wildfire Mitigation Presentation:

• Fire Chief Shannon presented a comprehensive Community Wildfire Protection Plan, discussing brush fire history, hazard vegetation assessments, and community risk reduction efforts.
• Chief reported 72 brush fires in 2024, mostly contained to small acreage but noting larger fires in recent summers requiring substantial regional assets.
• Emphasized the role of three community risk reduction officers (all captains), hazardous vegetation programs, Firewise community education, and coordination with Planning, Development, and Community Services departments.
• Addressed the nearly equal acreage of Natural Area Open Space (NAOS) and Preserve land requiring oversight; noted the 2004 NAOS ordinance is outdated and does not adequately address invasive species.
• Requested expanded authority from council to manage fuels in NAOS and Preserve areas, citing invasive species and native plant overgrowth that have not been properly thinned.
• Recommended updates to ordinances, enhanced construction site inspection and hot-work notification procedures, and structured responsibility for fire department to prioritize fuels from north to south across the city.

Council Discussion:

• Mayor Barowski praised the presentation and requested that recommendations be agendized for the February 11 meeting for consideration and possible adoption.
• Councilwoman Jan Devasquez thanked the chief and shared a story of an elderly neighbor experiencing a false gas alarm; she praised the fire department's professionalism and community compassion.
• Solange Whitehead asked clarifying questions about jurisdictional accountability and emphasized that responsibility must align with authority. She pressed the chief on whether NAOS oversight falls outside the fire department and whether Prop. 490 funding would increase inspector capacity.
• Chief Shannon explained that current ordinances restrict fire department authority over NAOS and Preserve fuels, managed instead by Planning, Development, and Community Services. He stated that fuel assessment technology has advanced and can now precisely identify invasive versus native species.
• Councilwoman Maryann McAllen asked about the function of the three risk reduction officers; the chief described them as "Jacks of all trades" who conduct community education, site inspections, HOA coordination, and fire investigation.
• Vice Mayor Barry Graham thanked the chief and affirmed the philosophy of "I'd rather keep it out than put it out." He asked about fire hydrant inspection frequency and expressed confidence in the water department partnership.
• Adam Kwasman expressed gratitude for the presentation and then pivoted to public thanks for the fire department's emergency response on January 19–20, when his 15-month-old son Ari suffered a seizure. He stated firefighters arrived in 4 to 4.5 minutes and his son fully recovered.
• Mayor Barowski stated she would add recommendations to the February 11 agenda; City Attorney Sher Scott noted the presentation was informational with no action required but confirmed the council's intent to move forward.

Public Comment (Non-Agendized Items):

• Six speakers registered: Steve Sutton (dog park signs petition), Dan Isaac (open meeting law allegations and council conduct), Linda Milhaven (civility pledge and budget commission concerns), Lee Cofield (roundabout policy), Philip Ker (78th Street traffic/speed limit investigation), and Tom Durham (open meeting law violation and sustainability plan repeal).

Key Public Comment Testimony on Open Meeting Law:

• Dan Isaac alleged that Barry Graham sent an email to a quorum of council members (Quasman, Devasquez, Kathy Littlefield, and Mayor Barowski) proposing a plan with two parts: repeal the sustainability plan and shut off debate. Isaac also alleged that Barry Graham has blocked people on social media, as has Devasquez, and referenced Quasman's use of vulgar language at a prior event regarding former Councilman Tom Durham.
• Former Councilman Tom Durham presented a statement from the Arizona Attorney General handbook (section 7.51) defining a violation of open meeting law: "If an electronic communication from one member of the public body proposes legal action and is sent to enough members of the body to form a quorum, a violation occurs even if no public member responds to the electronic communication." Durham stated that the repeal of the sustainability plan vote is "null and void" under open meeting law.
• Linda Milhaven criticized the first council meeting for failures in civility and conduct, referenced the Council Rules of Procedure civility pledge, and urged the council to study issues, listen to residents, and be thoughtful in deliberations. She also opposed the Budget Review Commission as an abdication of council responsibility and criticized direct appointments as limiting inclusion.
• Steve Sutton submitted a new petition requesting council action on dog park signs, noting the Parks and Recreation Commission's delays and his frustration after five months of waiting.
• Philip Ker requested investigation of 78th Street and Gold Dust Avenue traffic and speed-limit issues, citing city speed data.
• Lee Cofield spoke in favor of roundabout policy as cost-effective, congestion-reducing, and safer than traditional intersections, particularly noting the federal government's freeze on grants and loans.
• Greg Blair thanked the council for repealing the sustainability plan, describing it as "not well defined" and praising the council's "courage and leadership."

Council Responses:

• Mayor Barowski acknowledged improvement in council conduct was needed and thanked all speakers.
• Barry Graham thanked former city employee Philip Ker for his prior service on the Transportation Commission.
• No formal response or investigation regarding the open meeting law allegations was announced by council or city attorney.

Votes:

• Meeting Minutes (December 3 and 4): Unanimous approval
• Consent Agenda Items 1–13: Unanimous approval (with Councilwoman Devasquez noting deferral of Item 7 on parking structures in Old Town Scottsdale; Councilman Quasman noting appreciation for pickleball court expansion in Item 13)
• Agendize Dog Park Signs Petition (Steve Sutton): Scheduled for February 11; item already on agenda
• Direct City Manager to Investigate 78th Street Traffic/Speed Limit (Philip Ker): Unanimous approval
• Agendize International Holocaust Remembrance Alliance Definition of Anti-Semitism (Councilman Quasman): Unanimous approval
• Budget Review Commission Appointments (Item 15): Unanimous approval (no objections raised)

Opposition

Open Meeting Law Violation Allegations:

• Number of speakers against council conduct: Two primary speakers (Dan Isaac and Tom Durham), plus Linda Milhaven criticizing overall civility
• Main concerns:
  1. Vice Mayor Barry Graham allegedly violated ARS 38-43 by emailing a quorum of council members (Quasman, Devasquez, Kathy Littlefield, and Mayor Barowski) proposing a plan to repeal the sustainability plan and limit debate
  2. The email included coordination with unelected parties, including former council member Kathy Littlefield
  3. The resulting vote to repeal the sustainability plan is allegedly null and void under open meeting law
  4. Council members used procedural motions to stifle debate and prevent correction of false statements on the record
  5. Barry Graham and Councilwoman Devasquez blocked people on social media; Councilman Quasman allegedly used vulgar language regarding former Councilman Durham
  6. The Council Rules of Procedure civility pledge was not followed
  7. The first meeting of the new council set a negative tone for discourse and collegiality
• Most compelling arguments: Tom Durham cited the Arizona Attorney General handbook (ARS 38-43) stating that even if council members did not respond to the email, a violation occurs once a quorum is contacted with a proposal for legal action. Durham argued this makes the sustainability plan repeal null and void. Dan Isaac pointed to the use of procedural motions to block Solange Whitehead thank-you comment, which he characterized as a "disgusting display" of bullying and censorship.
• Organized groups: None identified; speakers were individuals

Budget Review Commission:

• Linda Milhaven: Argued direct appointment is an abdication of council responsibility for budget stewardship and will exclude qualified residents who are not in council members' current circles

Support

Wildfire Preparedness and Fire Chief Authority:

• All council members present expressed support for the fire chief's recommendations and the need to address fuel mitigation across NAOS and Preserve areas
• Solange Whitehead specifically endorsed giving the fire chief authority proportional to accountability
• Barry Graham affirmed the philosophy of prevention over suppression

Budget Review Commission:

• Mayor Barowski praised the appointees as a "quality group of individuals" demonstrating how direct appointments can "step up and make a difference"
• No council member objected to the appointments

Sustainability Plan Repeal:

• Greg Blair thanked the council for repealing the sustainability plan, calling it "not well defined" and praising council "courage and leadership"

International Holocaust Remembrance Alliance Definition:

• Councilman Quasman moved to agendize the IHRA definition of anti-Semitism, noting Scottsdale's large Jewish population and the need for education on anti-Semitism, distinguishing legitimate Israel criticism from targeting Israel as a Jewish collectivity
• Unanimous approval to agendize

Project Details

Wildfire Mitigation Preparedness Program:

• Applicant/Authority: Scottsdale Fire Department, under Chief Tom Shannon
• Program components: Community Wildfire Protection Plan (Maricopa County with Scottsdale Annex), hazardous vegetation assessments, community risk reduction officers (3 captains), Firewise community programs, construction site inspections (200+ annually), healthy forest initiative grants, defensible space work
• 2024 metrics: 72 brush fires; 33,000 residential contacts for hazardous vegetation; compliance with Firewise standards in numerous HOAs
• Current gaps: NAOS ordinance (last updated 2004) does not adequately address invasive species; fire department lacks full authority over fuel management in NAOS and Preserve areas; construction hot-work notification procedures could be enhanced; firefighter training could be better integrated with other agencies

Recommended Actions:

• Expand fire department authority over fuel management in NAOS and Preserve areas
• Update 2004 NAOS ordinance to address invasive species
• Enhance construction site inspection and hot-work notification procedures (potential 180-day timeline)
• Increase community engagement and education
• Strengthen code enforcement and hold property owners accountable
• Structure responsibility for fire department fuel prioritization across the city
• Review ordinances for opportunities to grant fire chief authority to manage fuels

Budget Review Commission (Item 15):

• Appointments (unanimous):
  • Chair: David Smith (appointed by Lisa Borowsky; former Acting City Treasurer)
  • Barry Graham appointee: Mark Stevens
  • Councilwoman Devasquez appointee: Brad Newman
  • Councilman Quasman appointee: Bob Leri
  • Kathy Littlefield appointee: Sharon Sites
  • Councilwoman McAllen appointee: Daniel Schwier
  • Solange Whitehead appointee: Carla [last name not fully stated in transcript]

International Holocaust Remembrance Alliance Definition of Anti-Semitism (Item 16):

• Mover: Adam Kwasman
• Action: Motion to direct the city manager (as responsible charter officer) to agendize the IHRA working definition for a future meeting at staff's discretion
• Purpose: Educational tool (not legally binding) to help the community understand anti-Semitism, particularly the targeting of Israel as a Jewish collectivity (as distinguished from legitimate criticism of Israeli government policy)
• Context: Scottsdale has one of the largest Jewish populations in Arizona; the IHRA definition has been adopted by the U.S. Department of State, U.S. Department of Education, State of Arizona, Miami-Dade County, and Beverly Hills, California
• Vote: Unanimous approval

Vote Breakdown

Meeting Minutes (December 3 and 4):

• Final: Unanimous
• Individual votes not stated in transcript

Consent Agenda Items 1–13:

• Final: Unanimous
• Individual votes not stated in transcript

Agendize Dog Park Signs Petition:

• Final: Unanimous (item already scheduled for February 11)
• Individual votes not stated in transcript

Direct City Manager to Investigate 78th Street Traffic/Speed Limit:

• Final: Unanimous
• Individual votes not stated in transcript

Agendize International Holocaust Remembrance Alliance Definition:

• Final: Unanimous
• Individual votes not stated in transcript

Budget Review Commission Appointments:

• Final: Unanimous approval
• Individual votes not stated in transcript

Outcome & Next Steps

Wildfire Mitigation Recommendations: Mayor Barowski directed City Manager Gray Kenton to agendize Fire Chief Shannon's recommendations for the February 11 council meeting for consideration and possible adoption. The chief will prepare specific recommendations on expanded authority, NAOS ordinance updates, construction inspection protocols, and code enforcement mechanisms. Council members indicated a desire to move quickly on these items given the wildfire risk profile.

Open Meeting Law Allegations: No formal council response, investigation, or acknowledgment of the open meeting law allegations was announced. The allegations remain unaddressed on the official record, though City Attorney Sher Scott was present during the meeting and heard the claims.

Other Agendized Items:

• Dog Park Signs Petition: Already scheduled for February 11 council meeting
• 78th Street Traffic Investigation: City Manager directed to investigate and prepare written response
• IHRA Anti-Semitism Definition: Staff to agendize at discretion for future council meeting

Vice Mayor Transition: Mayor Barowski announced that Barry Graham tenure as vice mayor ended at this meeting (his last as vice mayor). Councilwoman Jan Devasquez was welcomed as the new vice mayor, effective February 1.

Controversies & Context

Open Meeting Law Violation Allegations: The most significant controversy involved public allegations that Vice Mayor Barry Graham violated Arizona Revised Statutes § 38-43 (the open meeting law) by sending an email to a quorum of newly sworn council members proposing a coordinated strategy to repeal the sustainability plan and limit debate on the matter. The email allegedly included former council member Kathy Littlefield (twice rejected by voters for mayor) as a coordination party.

Former Councilman Tom Durham cited the Arizona Attorney General handbook, which states: "If an electronic communication from one member of the public body proposes legal action and is sent to enough members of the body to form a quorum, a violation occurs even if no public member responds to the electronic communication." Durham argued this made the sustainability plan repeal vote null and void.

Dan Isaac alleged that Barry Graham also used procedural motions to block Solange Whitehead from offering a thank-you comment and that Barry Graham had repeated false statements about the sustainability plan without allowing on-the-record correction. Isaac further alleged that Barry Graham and Councilwoman Devasquez have blocked constituents on social media, and referenced Councilman Quasman's use of vulgar language regarding former Councilman Durham at a prior public event.

Council Civility and Conduct: Linda Milhaven, a former city council member, publicly urged the new council to follow its own civility pledge (outlined in Council Rules of Procedure § 10.2), which commits members to "genuinely listen, speak respectfully, and be accountable for words and actions." Milhaven stated the first meeting "didn't get off to a very good start" and called for improved decorum.

Mayor Barowski acknowledged at the conclusion of public comment that improvement in council conduct was needed but provided no specific response to the open meeting law allegations or a commitment to investigation.

Budget Review Commission and Direct Appointments: Former Councilwoman Linda Milhaven criticized the newly adopted Budget Review Commission as an abdication of the council's fiduciary responsibility for budget stewardship. She argued that direct appointments limit inclusion by restricting positions to people already in council members' circles, contrary to the stated goal of increasing resident participation. No council member responded to this critique during the meeting, though Mayor Barowski praised the appointed members' qualifications afterward.

Sustainability Plan Repeal: The repeal of the sustainability plan was the subject of the open meeting law allegations and was characterized by supporters (Greg Blair) as necessary because the plan was "not well defined" and could lead to inefficient spending. Opponents (Dan Isaac, Tom Durham) argued the plan was substantive and that a majority of written public comments favored its retention.

Proposition 490 and Fire Mitigation Funding: Former Councilman Tom Durham noted that the current council majority had opposed Prop. 490 funding for fire mitigation but expressed pride in the community's support for the measure. This was a subtle reminder of previous political positions on an issue now presented as non-partisan.

Duration

• Wildfire Mitigation Presentation and Council Discussion: Approximately 45–50 minutes
• Public Comment (Non-Agendized Items): Approximately 30–35 minutes (six speakers, 3 minutes each plus some additional time)
• Total Meeting: Approximately 2 hours (concluded without major delays; routine votes and ceremonial items moved quickly)

Other Notable Items

Councilman Quasman's Personal Gratitude to Fire Department: Councilman Quasman publicly thanked the Scottsdale Fire Department for emergency response on January 19–20, when his 15-month-old son Ari suffered a seizure and turned blue at 2 a.m. Firefighters arrived in 4 to 4.5 minutes, transported the child by ambulance, and the child fully recovered. This emotional acknowledgment was well-received and highlighted the fire department's community impact beyond large-scale incidents.

Councilwoman Jan Devasquez Sworn in as New Vice Mayor: Mayor Barowski announced the transition from Vice Mayor Barry Graham (completing his eight-month tenure) to Councilwoman Jan Devasquez, effective February 1. Applause followed.

International Holocaust Remembrance Alliance Definition: Councilman Quasman moved to agendize the IHRA working definition of anti-Semitism for future council consideration as an educational tool. He emphasized Scottsdale's large Jewish population, the distinction between legitimate Israel criticism and targeting Israel as a Jewish collectivity, and the definition's adoption by the U.S. Department of State, U.S. Department of Education, State of Arizona, and cities including Miami-Dade and Beverly Hills. Unanimous approval to agendize.

Scout Troop Recognition: Mayor Barowski recognized Pinnacle Presbyterian Scout Troop 869 in attendance and invited them to a photo opportunity after the meeting, encouraging their continued civic engagement.