Tempe Town Lake

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Crisis Center won't ask Hallman to leave board
Jim Walsh and Katie Nelson
The Arizona Republic
Feb. 23, 2007 08:33 AM

The Child Crisis Center-East Valley in Mesa has backed off on sending a letter to Tempe Mayor Hugh Hallman inviting him to leave the advisory board over an apparent conflict of interest.

Kent Nicholas, an attorney who serves on the center's board, said Thursday he had "good information" that Hallman called attorneys on the behalf of childhood friend Mark Couch, who had threatened to sue the non-profit agency over its expansion plans.

"I want to know if he still wants to be part of an advisory board. If he feels his conflicts prevent him from serving on the board, we'll go our separate ways," Nicholas said Thursday. "We need confirmation that his loyalty is still there."

By Thursday, Nicholas had reversed himself.

After talking with Hallman, he decided "a letter is unnecessary given our discussions," but added, "I know we have some board members who are emotional about it."

Hallman said he was contacted by Christine Scarpati, executive director of the crisis center, and by Snaford Couch, father of Mark Couch, asking him to intercede in the dispute, but that he has tried to stay uninvolved.

In an interview Wednesday, Hallman acknowledged giving Couch's father advice on which firms might handle a potential case.

Hallman said he spoke with Nicholas on Thursday morning and confirmed he would remain on the advisory board.

"He confirmed that the agency and the neighbors had worked all their problems out, for which I was grateful," Hallman said.

Scarpati said a dispute arose with Couch when the center purchased 1.5 acres from the nearby First Christian Church.

She said the church had allowed Couch and other neighbors to drive across the vacant land to access their properties from the rear.

Although there was no legal requirement to do so, the center installed gates in a fence that the neighbors could use during non-business hours, Scarpati said. All the neighbors except for Couch agreed with this plan, she said.

Nicholas said Couch threatened to sue, using Hallman's name as leverage because the two men were childhood friends. He said board members believe Hallman called attorneys and asked them to represent Couch.

"We can't have board members soliciting people to sue the center," Nicholas said this week.

Hallman said it's routine for attorneys to refer potential clients to other attorneys, and said a referral was his way of staying out of the argument and avoiding giving legal advice.

"I'm puzzled to think anyone should be denied council," he said. "As a lawyer, I can't mislead someone by denying them the right to get council if they think it's necessary."

But Nicholas said that if he is a member of a board, he tells potential clients, "I can't help you with this one."

The center's advisory board includes Sen. John McCain, R-AZ., his wife, Cindy, and other influential people, including mayors of Southeast Valley cities who are invited to serve, Scarpati said.

The board's members do not have an active role, but their names appear on the letterhead to help build credibility for the center as it seeks grants, she said. The center also would go to advisory board members when in need of assistance.

"We were real surprised, because the mayor is on our advisory committee," Scarpati said. "I have some board members who feel it's a conflict of interest."

Scarpati said she doesn't want to jeopardize funding of the center by Tempe, but board members are still upset about the potential conflict. Nicholas said all the neighbors are on board, and that the center doesn't expect to see a lawsuit.

The center is raising money to build a new Family Resource Center, aimed at preventing child abuse, at Eighth Street and Country Club Drive, near Banner Mesa Medical Center. The center has 30 emergency beds for abused or neglected children.