Ellsworth Successfully Delays Newly Elected Board Members from Taking Office

PAYSON, Ariz. - Dec. 30, 2024 - PRLog -- Strawberry, AZ – Chairperson Cory Ellsworth and his board of directors unanimously voted to disregard the Pine Strawberry Water Improvement District (PSWID) Bylaws, delaying the swearing-in and governing authority of newly elected board members from the November election. This decision undermines the will of property owners in Strawberry and Pine, who united in a grassroots effort to hold an election—likely the first regular election in the water district's history.

Historically, PSWID elections have been rare, with the only other known election occurring after a mass resignation of the existing board, which included legal repercussions such as jail time for at least one board member and its staff accountant. This year's election was a significant step forward in ensuring citizens are represented by leaders they chose, rather than a self-selected self-appointed group.

In response to Ellsworth's delay tactics, concerned citizens reached out to the Gila County Board of Supervisors and other elected officials for assistance. While the Gila County Board of Supervisors refused to intervene, Representative David Marshall's office took action. Representative Marshall assigned legal staff attorneys from the Arizona House of Representatives Republican Party to investigate citizen concerns. Their findings confirmed that PSWID Bylaws supersede any rules or regulations adopted by the PSWID Board, and newly elected officials should have been sworn in at the first meeting following the November election and assumed governing authority on January 2nd.

Representative Marshall's legal team contacted PSWID directly, urging them to allow the newly elected members to begin governing as mandated. Through legal counsel, Ellsworth conceded that the newly elected board members could start governing on January 2nd, but only if they could arrange their own swearing-in ceremony. Representative Marshall clarified that any Notary Public, County Clerk, City Clerk, or Mayor could administer the oath of office.

Ellsworth's refusal to facilitate the swearing-in process leaves PSWID without a quorum in early January. With four board members' terms ending on December 31st, only three members will remain, preventing the board from conducting essential business if necessary.

This delay raises significant concerns, particularly regarding an ongoing lawsuit filed by the current unelected board against 45 homeowners in the Strawberry View Subdivision. By obstructing the newly elected board members' ability to serve, Ellsworth's board strengthens its legal position in an eminent domain case. If newly elected members were to provide testimony contradicting the existing board's claims, it could jeopardize PSWID's case.

Furthermore, PSWID's leadership has been accused of deliberately denying newly elected members access to critical public records, executive board meeting minutes, and consultant reports—actions that undermine transparency and accountability.

Citizens continue to demand fair representation and transparent governance. They urge immediate action to ensure the will of the voters is respected and that newly elected board members are allowed to fulfill their responsibilities without further obstruction.