Senior executive assistant to the city manager, David Richert Jay Green Tracey Short On February 7, at 4 p.m., after this article was initially written, David Ramirez, from the City of Phoenix public information office called to inform me the public records information I requested 28 days ago was now available to me in the city clerk's office. Toni Maccarone's definition of "promptly" is 28 days. My definition of "promptly" is 2 days.

Hispanic News Exposé has Tracey Short Fired

 

Updated: February 10 (8:28 p.m.)

 

PHOENIX (By Jon Garrido, Hispanic News) February 7, 2008 — On January 8, I published City of Phoenix, Cunning Discrimination and Highly Effective. On that same date, I received four emails and three telephone calls from former employees of the City of Phoenix who cited special treatment for Tracey Short, former assistant director of the Phoenix Convention Center. The claim is Tracey Short, a Canadian citizen, modified her H-1B Visa to work for the City of Phoenix without approval from U.S. Citizenship and Immigration Services. This may have been done with knowledge and assistance from two employees of the City of Phoenix.

 

If this allegation is true, a federal crime took place to defraud the U.S. government.

 

On September 28, 2006, Federal law enforcement agencies joined with U.S. Immigration and Customs Enforcement (ICE) to sign a charter signaling the formation of a new ICE Document and Benefit Fraud Task Force.

The mission of the task force is to combat the growing problem of document fraud and immigration benefit fraud.

The crime of benefit fraud refers to misrepresenting or omitting material facts on an application to obtain an immigration benefit aliens are not entitled to — such as a valid visa. Because these benefits give aliens the ability to freely enter, work, or reside in this country, they are prized by unauthorized aliens who may be willing to pay substantial fees for them.

 

The City of Phoenix paid a law firm $16,000 to obtain immigration documentation for Short. The services consisted of submitting an application to the United States Citizenship and Immigration Services for a lawful permanent residence (green card) to replace the H-1B Non Immigrant Visa for Short, assuming the H-1B Visa Short had was valid.

 

The application to the U.S. Citizenship and Immigration Services for the green card was not approved.

 

The primary question for Hispanic News — why was the application rejected by the U.S. Citizenship and Immigration Services? Was it because the U.S. Citizenship and Immigration Services discovered Short did not have a valid H-1B to work for the City of Phoenix and consequently, Short was in the United States as an undocumented person?

 

The special treatment cited by former city employees is because Short is a Canadian citizen. In blunt language, Tracey Short is white. The special treatment afforded Short would never have been given to an Hispanic employee. This is the basis for the discrimination charge.

 

Hispanic News supports Tracey Short receiving financial and other assistance to obtain immigration documentation so long as all city employees are afforded the same benefit but the question of double standards arises in regard to other workers — does the City of Phoenix promote this benefit to Hispanic workers? To our knowledge, this benefit is not available to other City of Phoenix employees.

 

The City of Phoenix within its benefits program does not include services to obtain immigration visas.

 

What Hispanic News does not support is possible benefit fraud committed to obtain a counterfeit visa and the cover up in repeating the hiring process after Short obtained immigration documentation enabling Short to work in the United States. If this accusation is true, the cover up and conspiracy is a federal crime and all who participated indirectly or directly need to be fired. If the accusation is factual, if the City of Phoenix does not fire involved individuals, Hispanic News will escalate the accusation to the appropriate authorities for action.

 

The appropriate authority is the U.S. Immigration and Customs Enforcement (ICE) new ICE Document and Benefit Fraud Task Force.

The mission of the task force is to combat the growing problem of document fraud and immigration benefit fraud.

Hispanic News investigates

Telephone calls on January 8, to Tracey Short were not returned. On the same day I called David Richert, senior executive assistant to the city manager and responsible for the Phoenix Convention Center. Richert did not take my calls.

 

On January 9, I called Frank Fairbanks, Phoenix city manager, who took my call. I informed Fairbanks, Richert was not taking my calls and I wanted to know if mayor and council had approved any item concerning Tracey Short and specifically, had Tracey Short received assistance in obtaining a work visa by having the City of Phoenix pay for said services to an immigration attorney.

 

Fairbanks responded, "I have no knowledge but Richert would know." Fairbanks said he would have Richert return my call.

 

On January 9, David Richert called to inform me he would provide the information "tomorrow."

 

On January 10, I called Richert to find out if the information was available. I did not get passed Melissa his secretary.

 

Later on January 10, David Richert called me to tell me to submit a Request for Public Records to David Ramirez.

 

On January 11, I submitted a Request for Public Information.

 

After countless calls to Jay Green which were not returned and others to David Richert plus three requests for Public Information, I called Fairbanks for an appointment.

 

I met with Frank Fairbanks on January 31 for 45 minutes in his conference room. Mr. Fairbanks volunteered he had 4 or 5 conversations with David Richert concerning Tracey Short and proceeded to tell me Tracey Short had been terminated as an employee of the City of Phoenix. Fairbanks informed me the 4 or 5 conversations with David Richert were convoluted and required multiple explanations because with each conversation, additional details were provided.

 

Richert had informed Fairbanks the City of Phoenix had spent $16,000 to obtain immigration services from an outside law firm to prepare an application and submit the application to the United States Citizenship and Immigration Services for a lawful permanent residence (green card) to replace the H-1B Non Immigrant Visa Short had, assuming the H-1B Visa was valid that Short was using.

 

If Tracey Short had a H-1B Visa when first hired by the City of Phoenix, it had to have been for employment with the former employer unless the City of Phoenix prior to Short's employment became the sponsoring employer prior to Short working for the City of Phoenix. Thus, when the lawful permanent residence (green card) application was submitted to the United States Citizenship and Immigration Services, Tracey Short was probably unlawfully working for the City of Phoenix and the application for a green card may have had false information (another criminal act) and may have been the cause of the United States Citizenship and Immigration Services not approving the application for the lawful permanent residence (green card). This is conjecture on my part but will be substantiated when I review the documents I have asked the City of Phoenix to provide me for my review.

 

The law firm hired by the City of Phoenix to prepare the application for the green card had to have known who the sponsoring employer was in the H-1B Visa Short was using and if it was not the City of Phoenix, the law firm became a co-conspirator to document and benefit fraud when it prepared the application to obtain a green card for Tracey Short. The City of Phoenix affirmed Short was an employee of the city by making payment to the law firm and the law firm by acceptance of payment for preparing immigration documents for Short then became responsible for all immigration documents information to be factual. The law firm gained knowledge of all immigration documents Short was using including Short's H-1B Visa.  If the Short H-1B Visa was not valid, the law firm may have knowingly falsified fraudulent information submitted to the United States Citizenship and Immigration Services when the application to obtain a green card was filed with the United States Citizenship and Immigration Services.

 

If the H-1B Visa was not valid, the law firm omitted this salient fact. Omission of a salient fact is misrepresentation of a material fact and this is defined as — fraud.

 

On rejection of the application for the lawful permanent residence (green card), Richert then recommended to Fairbanks an appeal be made to obtain a lawful permanent residence (green card) for Short. Fairbank did not approve an additional expenditure of City of Phoenix money to appeal the green card application that was originally denied.

 

The United States Citizenship and Immigration Services H-1B work-authorization visa is strictly limited to employment by the sponsoring employer. If Tracey Short's original H-1B Visa was employer specific to the former employer, then Tracey Short when hired was hired unlawful.

 

This may be part of the confusion leading to obtaining another H-1B Visa for Tracey Short to work for the City of Phoenix. When this was obtained, if it was obtained, or if a counterfeit H-1B Visa was used, it may have led to a second employment process giving Short employment with the City of Phoenix. This in my estimation was a federal criminal act of falsifying documents required by the United States Citizenship and Immigration Services and processes required by the City of Phoenix.

 

With the lawful permanent residence (green card) application was rejected by the United States Citizenship and Immigration Services and Fairbanks would not approve proceeding with the appeal, Richert then recommended to Fairbanks the law firm prepare an application to renew Short's H-1B Visa for temporary residency.

 

Fairbanks would not authorize proceeding to renew Short's H-1B Visa.

 

Hispanic News questions why there was a need to renew the H-1B Visa which is good for 3 years. Tracey Short was hired approximately 1 1/2 years ago and if the H-1B was valid then, why was there a need to renew the H-1B Visa? Assuming the original H-1B Visa was valid, Short has the necessary documentation to work for the City of Phoenix.

 

Never-the-less, the City of Phoenix gave Short until the 25th of January to vacate her position. This may affirm the original H-1B Visa was not valid and Short is undocumented.

 

The Phoenix Public Information Office needs to be abolished

 

During the meeting with Fairbanks, I informed Fairbanks the policy to obtain public information to me as requested was not working. After the meeting in his conference room, Fairbanks escorted me to the Phoenix public information office and introduced me to Toni Maccarone. Fairbanks told Maccarone I had not received public information I had requested. Maccarone quoted Arizona Revised Statues requiring requested information be provided "promptly" and I could be assured the law would be complied with.  Maccarone stated there was no delay.

 

Maccarone gave me her card and pointed out her cell number was listed.

 

As Fairbanks escorted me to the elevator I told Fairbanks, the Maccarone response was "nonsense" because the initial request for public records was dated January 11 and someone was obviously stopping the release of the requested information.

 

Fairbanks assured me I would get the information.

 

In early February I started called Maccarone. She never answered so I left repeated messages I had not received the requested information. I then resorted to call Maccarone's cell phone repeatedly and again, there was no answer nor response to my messages.

 

If a city employee can stop the release of public information requested; evidently, the city employee as an order of precedence. A sequential hierarchy of nominal importance of items Richert controlled making the Public Information Office no more useful than the lowest paid receptionist working for the city.

 

Too frequently, when I need information I call a department head who explains the answer in detail. Sometimes, the department head will respond after a few minutes by saying the request has to go through the Public Information Office.

 

In calling the Public Information Office and asking a question of Marcie Colpas, the response always is, "Send me a Public Information Request." (Translation: she has no clue to the answer to the question. Yes, I know the function of the Public Information Office but imagine the savings in abolishing this office and giving authorization for department heads and others to provide instant answers without the need for significant bureaucratic bungling.)

 

The only individual with authority to withhold information requested by a Public Information Request is David Richert. It could not be Jay Green leaving Richert as the only city manager office staff person.

 

The following week, I called Richert and gave him an opportunity to provide me an email disposing himself of all details of the Tracey Short hiring and immigration proceedings.

 

It was in this conversation Richert stated he began his management of the Phoenix Convention Center after Short had been hired. I reiterated for Richert to put all details in writing in an email sent to me by 5 p.m. of the next day and then I abruptly hung up. There was no email sent by Richert.

 

I also called Green two times the same day. Green did not take my calls and I left messages regarding the reason for my calls. Green did not return calls.

 

Today is February 7 and to date, I still have not received the information I requested.

 

The obvious question — why does Richert have a hold on the requested information? There must be something Richert does not want the public to know.

 

The only conclusion — Richert is bidding his time to release the information because there must be something damaging to someone. It can not be Short because she is now gone. It can not be Green because Green does not have the authority. It has to be Richert who is self serving.

 

Survival is a powerful motivator and the culprit in the withholding of the public information points to Richert.

 

With the decision by the Arizona Court of Appeals on February 5, the City of Phoenix knows public records laws must be complied with as the Appeals Court found the Maricopa County Sheriff's Office did not comply with Arizona public-records laws by refusing to provide public documents in a timely manner to a local newspaper.

 

Hispanic News under the provisions of A.R.S. 39-121, Public Records Law, requested all information regarding Tracey Short, assistant director of the Phoenix Convention Center, regarding the employment process for hiring Short to include entire process which was duplicated to meet the requirements of the U.S. government regarding immigration and the identity and participation of all those directly and indirectly that had knowledge of the entire hiring process (or processes) and immigration assistance regarding her employment with the City of Phoenix including the identity of all who approved any or all of the process (s) including invoices showing funds paid by the City of Phoenix Convention Center or Law Department and/or Budget and Research department of the City of Phoenix.

 

This information will provide the missing information in identifying who ordered immigration services and who approved the immigration services for Tracey Short. In addition, this information may substantiate two hiring processes used in hiring Short. According to reports, the city duplicated the hiring process because with the first one, Short did not have the required document to work in the United States. After immigration documents were processed (valid or counterfeit), the city repeated the hiring process for the record.

 

In addition, who directed the cover up and now conspiracy, and who participated in the cover up and conspiracy?

 

It is inevitable the requested information will eventually be made so it not a matter of finding out what the information is but rather when the information will be made available.

 

Why the delay?

 

The City of Phoenix on February 1 issued an administrative regulation on Severance and Retirement Voluntary Separation Incentive Packages for Employees involved in a Reduction in Force.

 

The regulation states, "No benefit package shall be granted to employees who are dismissed from City employment for cause, such as disciplinary dismissal in accordance with Personnel Rule 21.

 

Mr. Richert’s position is on the cut list. 

 

Competence is not a requirement of city management. There are double standards for members of upper management. The Phoenix leadership creates positions for upper management and promotes persons without competitive interviews, plus the interview panel is stacked, and the selection process is influenced to achieve desired results. 

 

Richert was planning director until about January 2003. Two weeks before the city manager froze positions citywide, Fairbanks created two executive positions in the manager’s office. Richert was given one without having to compete. Then the city froze positions and the city manager offered up a vacant position to show even management was impacted. 4 years later, Richert’s position is on the cut list. Under AR2.151, severance packages for non classified employees is up to the city manager. 

 

Damaging information forthcoming from the Request for Public Information may have information Richert does not want disclosed because a possible dismal will delete a severance package to take retirement from a position they created for him at a higher pay level 4 years ago.

 

Frank Fairbanks is an easy going likeable congenial "country gentleman." Fairbanks commented he knew my old boss, Joel D. Valdez, the former City of Tucson city manager who I formerly worked for in the city manager's office when I headed up economic development but Valdez was stern and rigid. When he gave an order, the requested action quickly followed.

 

Fairbanks instructed Richert many times on providing the public request information to me and to my dismay, Richert refused.

 

For Richert to refuse to release requested public information is grounds for dismissal.

 

For Richert to have directed or participated in a cover up concerning Tracey Short's employment is grounds for dismissal.

 

For Richert to have misused city money without authority is grounds for dismissal.

 

For Richert and Green to exhibit double standards by not providing Hispanic employees the same assistance and benefit is discrimination and is grounds for dismissal.

 

For Richert and Green not to cooperate and been part of a cover up of city money is conspiracy and grounds for dismissal.

 

And, to possibly falsified the use of United States Citizenship and Immigration Services documents required for the hiring of H-1B Visa applicants is a federal crime. Upon my review of the documentation that will eventually be provided to me by the city, if there was wrong doing, Hispanic News will escalate the criminal act to the appropriate jurisdiction regardless of what action the City of Phoenix takes in regards to Richert and Green.

 

What comes next is an appearance before mayor and council to provide the above information and to request an investigation of the conspiracy and cover up of information regarding Tracey Short.

 

The biggest concern Hispanic News has — is the benefit Tracey Short received available to all city employees and how many city employees are in need of this benefit?

 

A new employee advocate

 

Lastly, Mr. Fairbanks has a wealth of information regarding the City of Phoenix he is very willing to share. I told Fairbanks I am starting a different kind of organization merging some union functions with an political campaign election organization.

 

I told Fairbanks, I believe the end of discrimination will come only when a city council majority of five members adopt policy effectively ending processes now in place that do not adequately address grievances and discrimination complaints by city employees.

 

The present policy and system needs to be changed that uses city employees to investigate discrimination and other complaints filed by other city employees.

 

In my opinion, the City of Phoenix has a greater degree of discrimination knowing nothing is going to be done to correct a problem because the City of Phoenix uses city employees to represent other city employees filing grievances.

 

A city employee can not represent city employees who file a grievance if the union representative is a city employee whose paycheck comes from the city. Every merit increase and benefits are provided by the city; consequently, a union representative/city employee will not jeopardize his/her employment with the City of Phoenix at the expense of advocacy for the city employee who files a grievance against the city.

 

An independent organization without ties to the City of Phoenix is the only valid advocate for city employees.

 

Too much control is maintained by the City of Phoenix if the City of Phoenix controls both sides of a grievance. This is analogous to having the fox enter the hen coop to guard the hens. Great for the fox but not for the hens.

 

I told Fairbanks because of the above, I wanted to learn how grievances are investigated by the city and unions and identify how city departments rank in number of grievances filed by city employees so I can ascertain whose employees' complaints Hispanic News will go to next to investigate discrimination.

 

Fairbanks said Janet Smith, director of personnel, would have that information and he would have Smith contact me to provide the information I seek.

 

Yesterday, at 2 p.m., Janet Smith called me and left a message stating she is prepared to provide the assistance Fairbanks offered.

 

After returning to my office, I called Smith but she was not available.

 

After work at 6 p.m., Smith called me and left another message.

 

The new organization now being created by Hispanic News will work in tandem with Hispanic News publishing the results of discrimination complaints to give transparency to discrimination.

 

Transparency is required to build community support. The Achilles heel to any discrimination is having to deal with discrimination as an individual which lessens significantly the probability of resolving the problem.

 

If the entire Phoenix Hispanic community is aware of an individual's plight, the City of Phoenix will be significantly more receptive to ending discrimination to avoid confrontation with the Phoenix Hispanic community.

 

Union representatives that are city employees remain connected by an umbilical cord to the City of Phoenix as a fetus to the placenta. This reinforces their allegiance to the City of Phoenix.

 

Hispanic News owes no allegiance to the City of Phoenix. Hispanic News owes it allegiance to the Phoenix Hispanic community and Hispanic city employees of the City of Phoenix. 

 

With the publishing of Hispanic News articles such as this one, the growth of successful advocacy is exponential because the growth rate is always proportional to the function's size. Phoenix Hispanics are now 41% of the population of Phoenix and growing.

 

When the Hispanic Phoenix employee is supported by the Phoenix Hispanic community with Hispanic News as the conduit for both parties, individual and Phoenix Hispanic community, the favorable outcome of a discrimination complaint is proportional to the size of the Phoenix Hispanic community's involvement to resolve discrimination.

 

Lastly

"The proof of the pudding is in the eating." It means the true value or quality of something can only be judged when it's put to use or tried and tested. The meaning is often summed up as: "Results are what count...it's not how you start, but how you finish."

Short is gone. Next goes Richert. Then goes Green. Then goes..................

 

Lastly, Hispanic News formally requests the Phoenix City Council order an investigation of not more than 14 days of all possible wrong doing regarding Tracey Short and make public the results of the investigation.

 

If there was wrong doing, the City of Phoenix needs to take corrective action to the satisfaction of Hispanic News.

 

If there was wrong doing and the City of Phoenix does not take corrective action, the court of last resort is the United States Immigration and Customs Enforcement (ICE) new ICE Document and Benefit Fraud Task Force.

 

ICE has full access to original immigration documents of the United States Immigration and Customs Enforcement regarding Tracey Short, plus the means to investigate, arrest and prosecute if a federal crime occurred.

 

If the Phoenix City Council does not acknowledge to Hispanic News it is going to pursue and begin an investigation of not more than 14 days before 5 p.m. on the 22nd day of February, Hispanic News will directly request the ICE Document and Benefit Fraud Task Force investigate possible document and benefit fraud undertaken by the City of Phoenix on behalf of Tracey Short.

 

Jon Garrido