PHOENIX — A Phoenix resident is preparing to file a lawsuit against the city, challenging the secretive process used to hire the new city manager and seeking to void the appointment altogether.
Jeremy Thacker plans to file the lawsuit within the next couple of weeks.
"I want this to be a city that's open to the public, and it's not," Thacker said.
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On September 17, the Phoenix Mayor and City Council voted 5-4 to bring back Ed Zuercher as city manager, the same position he retired from four years ago. The $415,000-per-year position was filled without a search, interviews, or public input.
The city added the vote to the agenda with just 24 hours notice, conducting the process almost completely in secret from the public, top staff, and even some council members.
Thacker previously attempted to stop the hiring by filing a temporary restraining order in the hours before the city council meeting, but he was unsuccessful.
"The judge ruled that, well a temporary restraining order has a high-bar, and the judge ruled that I didn't meet that bar. But he left open the door for me to file a follow-up motion if it was a rubber stamp," Thacker said.
Following the vote, Mayor Kate Gallego and Zuercher admitted on camera that his hiring was worked out well in advance. Zuercher revealed that Mayor Kate Gallego and Councilwoman Debra Stark approached him about the position around the time former city manager Jeff announced his retirement, approximately a month before the vote.
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"It's not fair to ask people to put their names out, put their jobs in jeopardy, if they're not really likely going to be the person who gets the job," Gallego told ABC15 following the vote.
Thacker believes their statements will play a significant role in his upcoming lawsuit.
"Well, your reporting certainly helped. We got the council pretty much across the board admitting that this was a rubber stamp, admitting that the process was flawed. I mean, the Mayor all but said, 'Why would we interview other people? We already decided on our candidate,'" Thacker said.
"The city council has the right to make any decision they want to make as long as it does through the right process and legally, and in public, most importantly," Thacker said.
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When asked about his goals for the lawsuit, Thacker was clear about his intentions.
"I'd like to see the hiring voided. I'd like to see there be penalties in addition to the voiding of the hiring and re-starting the process. I think there was an intent by the Mayor to keep this a secret," Thacker said.
Thacker is well-known to Phoenix officials as someone who regularly holds the city accountable. Internal city emails show he's on a list of "high profile" people, with top city officials wanting to know every time he files a public records request.
Contact ABC15 Chief Investigator Dave Biscobing at Dave@ABC15.com.
This digital article was produced with the assistance of AI and converted to this platform based on the broadcast story written and reported by ABC15 Chief Investigator Dave Biscobing. Our editorial team verifies all reporting on all platforms for fairness and accuracy.
