City chastises Axon, asks company not to contact board members’ bosses

Scottsdale’s city attorney confirmed in a sharply worded letter that an Axon employee had contacted a city planning commissioner’s boss about the official’s opposition to a controversial project.

“This type of action tends to raise public concern about the integrity of the city’s public hearing process,” City Attorney Sherry Scott wrote in a letter dated Friday. “It can also have a chilling effect on … public officials’ willingness to serve in their volunteer capacity.”

Axon first pitched a proposal in August to build nearly 2,000 apartment units near its planned headquarters in north Scottsdale, on Hayden Road south of Loop 101. As it stands, apartments are not allowed on that property, so Axon was hoping the commission would support a rezoning.

At a Jan. 24 meeting, the pitch was poorly received by the entire commission, but Planning Commissioner Christian Serena was among the most vocal. He cast the sole vote against letting the company tweak its proposal and return later, preferring instead to take a final “yes” or “no” vote when the project clearly did not have enough commission support to pass.

Serena wrote in an email to Scott last month that the day after the commission meeting, “a person who claimed to represent Axon’s leadership contacted my employer wanting to discuss my public comments” about the project.

Axon told The Arizona Republic it did not try to intimidate Serena but did not address whether a call was made.

Scott confirmed in a letter on Friday that an Axon employee did contact Serena’s employer, Merrill Lynch, about his opposition. In a letter to Axon’s lawyer, Scott wrote that “it is apparent to me that an Axon employee did contact Commissioner Serena’s employer to discuss dissatisfaction with Commissioner Serena’s public hearing comments.”

Scott’s letter continued, “Thankfully, by making the city aware of what transpired, (Serena did) his part to protect the integrity of the City’s process.”

The initial article: Scottsdale investigating claim Axon tried to intimidate city official over HQ expansion

Axon did not immediately respond Saturday to a request for comment.

Scott did not explicitly accuse Axon of trying to intimidate Serena in an effort to sway his vote on the proposal. The apartment project has drawn backlash from nearby residents who have raised concerns about traffic and claim they were subject to a bait-and-switch when Axon proposed residential in a place it was outright prohibited.

Councilmember Betty Janik said she believes pressuring Serena was Axon’s goal. She told The Republic that the Axon employee reaching out to Serena’s boss “would appear to be an act of intimidation” aimed at getting the commissioner to change his position.

“This is a very, very serious situation. Serena is a person of very high integrity who has served the Planning Commission as a volunteer for years,” Janik said.

Scott acknowledged in her letter that the Axon employee, who has not been named, may have contacted Serena’s boss independently. But whether the person in question acted alone or with Axon’s backing, the city attorney sent a clear message to the company: Cut it out and rein in your employees.

“I am respectfully requesting that Axon now do its part. I strongly urge Axon to instruct its employees that they should not be contacting the private employers of volunteer City Board and Commission Members regarding their public work on behalf of the City,” Scott wrote in the letter, addressed to zoning attorney Charles Huellmantel.

Neither city spokespeople nor the attorney’s office responded to The Republic’s questions about the letter.

Serena said he was “pleased that my statement has been proven to be accurate and true.”

“I appreciate the city attorney’s work to confirm the facts,” he said.

“It’s important that we protected the integrity of the process for both the city and residents,” Serena told The Republic.

Consideration of the proposed apartment project was “continued,” or delayed, indefinitely at the Feb. 14 Planning Commission meeting. It’s unclear when it might come up again, if it ever comes up at all.

Axon CEO Rick Smith took aim at Scottsdale during the company’s fourth-quarter earnings call on Feb. 27, calling out an “antidevelopment” sentiment in the city and mentioning a possibility to move the company to another market.

Reporter Sam Kmack covers Tempe, Scottsdale and Chandler. Follow him on X @KmackSam or reach him at [email protected].

This article originally appeared on Arizona Republic: Scottsdale city attorney chastises Axon for inappropriate pressure

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