Despite increased scrutiny over their own past legal disputes with the city, both Emilio Gaynor and John “Jack” Wilenchik were appointed to commissions overseeing city business at Wednesday’s formal City Council meeting.
Gaynor was appointed to the Planning Commission, which advises the council on matters concerning building and improvements to the city, while Wilenchik was appointed to the Historic Preservation Commission.
Gaynor, after serving three terms, was removed along with two other members of the seven-person Board of Adjustment in April of last year. The Board of Adjustment is comprised of volunteers appointed by the City Council and reviews zoning appeals for the city of Phoenix. It is the final step of appeal before a person files a lawsuit with the superior court.
“We hear the grittiest cases as it relates to economic development and urban development and planning happening in the city,” Talonya Adams, a former Board of Adjustment member who was ousted alongside Gaynor, said at the meeting. “We hear everything that happens legally within the sex industry. We hear billboard cases, all of the medical marijuana cases.”
The Arizona Republic previously reported that certain appeals to the Board of Adjustment regarding medical marijuana facilities raised red flags. Joe Villasenor, an aide to former mayor Phil Gordon, and Layla Ressler, councilman Michael Nowakowski’s former chief of staff, were both heavily involved in these appeals.
Adams talked about being removed from the board and defended Gaynor at the meeting.
“On the day before a very controversial agenda with many medical marijuana cases under review, we were sent notice, myself, Emilio Gaynor, Yvonne Hunter,” she said. “And we received notice by a form-based email. No ‘Thank you for your service.’ No ‘We have concerns regarding your service.’ Nothing.”
She said that Gaynor had integrity and helped her with her role as chair of the board.
Other community members disagreed. Sean Sweat, president of the Urban Phoenix Project and a leader in the effort to recall councilman Nowakowski, posted on social media before the council meeting.
“Mayor Stanton stripped Gaynor from the City’s Board of Adjustment last year on suspicions of corruption — suspicions which also included more of Councilman Nowakowski’s associates,” he wrote in a Facebook post. “This corruption is serious and they’re getting away with it.”
Early in the meeting, councilwoman Debra Stark attempted to delay Gaynor and Wilenchik’s appointments in order to further investigate issues regarding lawsuits and residency. However, other council members quickly came to the nominees’ defense.
Nowakowski called Gaynor to speak to the council, and Gaynor reaffirmed his Phoenix residency and U.S. citizenship.
“As far as I know, I’m not involved in any lawsuit right now,” he said.
However, according to a city attorney who spoke at the meeting, litigation regarding a medical marijuana center on 16th street and Glendale Avenue from the time Gaynor was on the board is still going through court. Sal DiCiccio said the controversial nature of the board’s decisions make lawsuits commonplace.
Wilenchik, who represented former Maricopa County Sheriff Joe Arpaio in a brief submitted to the United States Supreme Court recently, had his nomination called into question because his parents’ firm, Wilenchik and Bartness, is involved in a lawsuit against the city of Phoenix. Mayor Williams questioned whether Wilenchik should be held accountable since the firm is led by his parents, even though both Wilenchik and his father are listed as attorney of record in the case’s court documents.
District 6 councilman Sal DiCiccio didn’t see the lawsuit as a barrier to Wilenchik’s nomination.
“People do have a right to protest their government,” he said. “They have a right to challenge our decisions. I don’t believe that he was involved in that case, but it doesn’t matter. The fact of the matter is his father does challenge the city of Phoenix, and that’s a good thing.”
As part of the same social media post, Sweat alleged Wilenchik might be connected to Nowakowski: “He’s the son of the lawyer who harassed me with a baseless cease & desist letter last year on behalf of one of Nowakowski’s goons,” he wrote.
Nowakowski addressed these concerns during the vote: “There’s been stuff on Facebook and social media saying that he was my attorney or I know this individual,” he said. “I do not know this individual.”
Ultimately the Council voted 5-3 in favor of appointing the two men. District 5 interim councilwoman Vania Guevara, Pastor and Stark voted in opposition.
Contact the reporter at Rebecca.Spiess@asu.edu.
