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Attorney tells Prescott council he will seek temporary restraining order, alleges unlawful appointment of councilmember
Summary
An attorney representing Sherry Hannah told the council the December appointment of Patrick Grady to the council was unlawful and warned the city a notice of claim had been filed; he said he would sue if the city did not respond and asked that actions taken with a one‑vote majority be voided.
An attorney for a local resident told the Prescott City Council during open call on Sept. 23 that the appointment of a councilmember was unlawful and that he may seek court relief.
Ryan Heath, an attorney who said he represents Sherry Hannah, said he drove from Phoenix to warn the council that he had filed a notice of claim on Sept. 17 and that he would pursue a temporary restraining order if the city did not respond. Heath told the council the appointment of Patrick Grady (referenced in the statement) was “not lawful” and characterized it as “criminal” under Arizona Revised Statutes section 38-503 if intentional, which he said can carry felony or misdemeanor penalties.
Heath asked the council to recognize the appointment as unlawful, to void all council actions passed with a one-vote majority in which the appointee voted, and to redo the appointment process in accordance with law. He said his client did not seek appointment herself but asked for a fair process.
Why it matters: Heath stated a formal intent to seek injunctive relief if the city did not respond to the notice of claim; the council did not take action during the meeting in response to the allegation. The city’s legal response and any subsequent court filings would determine whether any council actions are affected.
The council did not comment on the merits at length during the meeting; the mayor moved on to the next agenda item. The attorney’s remarks were part of the public-comment period and represent an allegation, not a judicial finding.
