2 sue Glendale irrigation company over rise in rates

Two residents are suing a          doubled over the past six
Glendale irrigation company        years. The district covers
for public records, including      roughly 640 properties, he
maintenance invoices and e-        said.
mails in an attempt to find        The former restaurateur said
out why their rates have           the summer bill to irrigate
skyrocketed.                       his 2-acre site is about $170
Glendale residents Randy           a month.
Videen and Von Jones filed         The district's monthly fee
suit Monday in Maricopa            per acre, per hour charge was
County Superior Court against      $36.95 in 2003. In 2009, the
Sunburst Farms Irrigation          cost jumped to $72.19, Videen
District, stating it violated      said.
the Arizona Public Records         Documents the residents
Law. The district delivers         requested include district
irrigation water to 828 acres      irrigation schedule changes;
between 51st and 39 avenues        district communications with
and from Paradise Lane to          other public agencies; IRS
Acoma Drive.                       1096 forms filed by the
The district's attorney,           district; invoices, work
Robert Lynch, said he has no       orders, and estimates for
comment until he has reviewed      maintenance work authorized
the 19-page complaint.             by the district; the
"There is no way I will be         district's legal bills; and
able to get to this until the      accounting records that
weekend," Lynch said.              document amounts paid for the
Lynch declined to address the      district's transportation
issue, even though it has          repairs.
been ongoing for more than a       Sunburst Farms flatly denied
year.                              or ignored each request, a
The Arizona Ombudsman in a         violation of Arizona's public
December report found the          records law, said attorney
district inappropriately           Anthony Tsontakis, who
denied access to records and       represents Videen and Jones.
was not prompt to respond, in      "There's a general lack of
one instance taking three          transparency on the part of
months to comply with a            the board," Tsontakis said.
request.                           "They're not transparent in
The independent state agency,      their operations, and we
which assists with public          aren't sure where the money
records concerns,                  is going and how it's spent."
substantiated all nine             Videen said he has stopped
allegations by Videen against      attending the district
the district and issued six        meetings because an
recommendations. The               injunction against harassment
ombudsman recommended the          by the district's office
district provide the               manager was filed and upheld
requested documents and that       against him.
district staff and governing       But he's not giving up on the
board members attend public        public records.
records law training if they       "From a legal perspective
have not done so in the past       there is no good reason for
year.                              denial, and that is why we
Videen said he has been            filed the lawsuit," he said.
battling the district for          "The public has the right to
access to records to find out      know."
why the water rates have           

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