Unlawful Retaliation CONTINUES by the Metropolitan Water District, Tucson AZ

Metro Water Unlawful Retaliation Continues

The Metro Water District Board of Directors Minutes from the March 14, 2016 Board Meeting were partially posted on metrowater.com.  This is the MetroWaterBoard Meeting that Donovan Hemway attended and publicly read a prepared statement into the minutes during the Call to the Public portion regarding the continued Unlawful Retaliation at Customer’s Expense by the Metro Water District board.   Below is Metro Water District’s Legal Counsel John C. Hinderaker / Board of Director’s response to Donovan Hemway’s public statement to Metro Water’s March 14, 2016 Board of Director’s meeting.  It is an interesting fact that Mr.Hemway’s statement either whole or in part was not included in the Board Meeting minutes for public inspection or disclosure, although the Metro Water Board was provided with a printed copy of the statement.

“II. General Comments from the Public
Donovan Hemway, a Tucson Metropolitan Domestic Water District Resident, distributed and read 3 minutes of prepared comments recounting his grievances and ‘personal opinions’ about six claims he brought against the District over the past three and a half years.” Metro Water District General Counsel John C. Hinderaker explained that while there have been multiple claims brought against the District  (Metro Water District Tucson) by Mr. Hemway, “each of those claims have been dismissed with no adverse findings against the District.”- a statement that Hon. J. Wohl, Hon C. Cornelio, and Hon. Cheif Justice R. C. Collins may have a differing ‘opinion’ about (they each ruled against Metro Water District in three separate courts)

Please take a moment and re-read Donovan Hemway’s statement that he read at the March 14, 2016 Metro Water’s Board of Director’s meeting.   Then YOU decide if the minutes from your Metro Water Tucson Board Meeting represent the facts or an ‘opinion’ that Mr.Hinderaker would like to present.


Posted March 29, 2016

As Metro Water Customers we are paying to have, and have the right to expect; safe, honest, and lawful behavior from our Metro Water District board and management. Customers of Metro Water may not have been aware of what they are really paying for.   The following statement was read into the minutes at the Metro Board Meeting on March 14, 2016 by Donovan Hemway.  

For more than 3 ½ years Metro Water District board members Daniel Offret, James Doyle, Judy Scrivener, and Bryan Foulk, DDS are directing and have directed multiple law firms and counsel to violate ethical rules and legal statutes with these results:

  • The State of Arizona Industrial Commission and U.S. Department of Labor Wage and Hour Division have conducted investigations and found Metro Water District Managers and Counsel to have submitted falsified documents and untrue statements.
  • ADOSH has cited Metro Water District for safety disregard in violation of the Arizona Industrial Commission’s General Duty clause.
  • Five ADOSH Commissioners, having reviewed over 40 hours of evidence and testimony found unanimously that Metro Water District submitted false statements and documents and engaged in unlawful retaliation against an employee.
  • Honorable Judge Jacqueline Wohl ruled against the false statements and documents submitted to her by Metro Water District employees and Counsel in ICA court through the firm of Jones, Skelton, and Hochuli.
  • Honorable Judge Carmine Cornelio ruled against the false statements and documents submitted to him by Metro Water District employees and Counsel in Pima County Superior Court through the firm of Lewis and Roca.
  • Honorable Chief Justice Raner C. Collins ruled against the false statements and documents submitted to him by Metro Water District employees and Counsel in U.S. District Court of Arizona through the firm of Graif, Barrett, and Matura.
  • Metro Water Customers and employees have the right to consult public record and their legal counsel to determine if they are entitled to recover damages resulting from this board’s reprehensible actions.

Metro Water Board’s unmistakably deliberate, unacceptable and continuing effort to unlawfully retaliate against this Metro Water Customer does little to improve Metro Water District reputation, legal standing, liability exposure, WIFA compliance, Municipal bond rating, attorney bar status, or public trust.

The District’s stated focus on decreasing claims cost and number of claims can certainly be better achieved by adhering to State and Federal laws intended to protect your workers from unlawful, unsafe, and occasionally egregious actions of their managers, HR, and current district board members rather than by having your workers pressured to quit, having them fired after they sustain injury, and retaliating against them with law firm after law firm for requesting that Metro Water District find compliance with responsible, ethical and lawful requirements.

You may direct polite reply to district resident Donovan Hemway at Box 812, Cortaro AZ 85652 or please call (520) 990-3650.


Related Articles and Comments:

September 12, 2012, Tucson Weekly:

Metro Water TucsonWeekly Sparks-Flying – http://www.tucsonweekly.com/tucson/sparks-flying/Content?oid=3531049

November 29, 2012, Tucson Weekly:

Metro Water TucsonWeekly Murky-Matters – http://www.tucsonweekly.com/tucson/murky-matters/Content?oid=3587689

More Metro Water Tucson articles:

Metro Water Tucson – http://www.metrowatertucson.com



Please share this information and bring to light the unlawful behavior of this Tucson Arizona company and its Board Members.