Metropolitan Water District Unlawful Retaliation CONTINUES-Tucson Metro Water

Metropolitan Water District Unlawful Retaliation CONTINUES-Tucson “Metro Water”

The Metropolitan Water District Board of Directors Minutes from the March 14, 2016 Board Meeting were partially posted on  This is the MetroWaterBoard Meeting that Donovan Hemway attended and publicly read a prepared statement into the minutes during the Call to the Public portion regarding the continued Unlawful Retaliation at Customer’s Expense by the Metropolitan Water District board.   Below is Metro Water District’s Legal Counsel John C. Hinderaker / Board of Director’s response to Donovan Hemway’s public statement to Metro Water’s March 14, 2016 Board of Director’s meeting.  It is an interesting fact that Mr.Hemway’s statement either whole or in part was not included in the Board Meeting minutes for public inspection or disclosure, although the Metro Water Board was provided with a printed copy of the statement.

“II. General Comments from the Public
Donovan Hemway, a Tucson Metropolitan Domestic Water District Resident, distributed and read 3 minutes of prepared comments recounting his grievances and ‘personal opinions’ about six claims he brought against the District over the past three and a half years.” Metro Water District General Counsel John C. Hinderaker explained that while there have been multiple claims brought against the District  (Metro Water District Tucson) by Mr. Hemway, “each of those claims have been dismissed with no adverse findings against the District.”- a statement that Hon. J. Wohl, Hon C. Cornelio, and Hon. Cheif Justice R. C. Collins may have a differing ‘opinion’ about (each of these Judges ruled against Metro Water District in three separate courts)

Please take a moment and re-read Donovan Hemway’s statement that he read at the March 14, 2016 Metro Water’s Board of Director’s meeting.   Then YOU decide if the minutes from your Metro Water Tucson Board Meeting represent the facts or an ‘opinion’ that Mr.Hinderaker would like to present.


Posted March 29, 2016

As Metro Water Customers we are paying to have, and have the right to expect; safe, honest, and lawful behavior from our Metro Water District board and management. Customers of Metro Water may not have been aware of what they are really paying for.   The following statement was read into the minutes at the Metro Board Meeting on March 14, 2016 by Donovan Hemway.  

For more than 3 ½ years Metro Water District board members Daniel Offret, James Doyle, Judy Scrivener, and Bryan Foulk, DDS are directing and have directed multiple law firms and counsel to violate ethical rules and legal statutes with these results:

  • The State of Arizona Industrial Commission and U.S. Department of Labor Wage and Hour Division have conducted investigations and found Metro Water District Managers and Counsel to have submitted falsified documents and untrue statements.
  • ADOSH has cited Metro Water District for safety disregard in violation of the Arizona Industrial Commission’s General Duty clause.
  • Five ADOSH Commissioners, having reviewed over 40 hours of evidence and testimony found unanimously that Metro Water District submitted false statements and documents and engaged in unlawful retaliation against an employee.
  • Honorable Judge Jacqueline Wohl ruled against the false statements and documents submitted to her by Metro Water District employees and Counsel in ICA court through the firm of Jones, Skelton, and Hochuli.
  • Honorable Judge Carmine Cornelio ruled against the false statements and documents submitted to him by Metro Water District employees and Counsel in Pima County Superior Court through the firm of Lewis and Roca (now Lewis, Roca, Rothgerber).
  • Honorable Chief Justice Raner C. Collins ruled against the false statements and documents submitted to him by Metro Water District employees and Counsel in U.S. District Court of Arizona through the firm of Graif, Barrett, and Matura.
  • Metro Water Customers and employees have the right to consult public record and their legal counsel to determine if they are entitled to recover damages resulting from this board’s reprehensible actions.

Metro Water Board’s unmistakably deliberate, unacceptable and continuing effort to unlawfully retaliate against this Metro Water Customer does little to improve Metro Water District reputation, legal standing, liability exposure, WIFA compliance, Municipal bond rating, attorney bar status, or public trust.

Metropolitan Water District’s stated focus on decreasing claims cost and number of claims can certainly be better achieved by adhering to State and Federal laws intended to protect your workers from unlawful, unsafe, and occasionally egregious actions of their managers, HR, and current district board members rather than by having your workers pressured to quit, having them fired after they sustain injury, and retaliating against them with law firm after law firm for requesting that Metro Water District find compliance with responsible, ethical and lawful requirements.

You may direct polite reply to district resident Donovan Hemway at Box 812, Cortaro AZ 85652 or please call (520) 990-3650.


Related Articles and Comments:

September 12, 2012, Tucson-Weekly-Sparks-Flying:

Tucson Weekly Sparks Flying –

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Please share this information and bring to light the unlawful behavior of this Tucson Arizona water company and its Board Members.

Metro Water District has Sparks Flying -TucsonWeekly

Metro Water District – Metro-Water-Tucson-Weekly Sparks Flying – TucsonWeekly Article about Metro Water District Tucson – . . After nearly being electrocuted, a Metro Water employee is fired—and the risk-management specialist resigns in protest. www.metrowater

Metro Water District . . . After nearly being electrocuted, a Metro Water employee is fired—and the risk-management specialist resigns in protest


September 12, 2012

Metro Water DistrictMetro Water District of Tucson has Sparks Flying as Electrician Donovan Hemway last month asked the board of directors of the Metro Water District for whistle-blower status to protect his job—and to investigate his near-electrocution.

He was fired the next day.

Metro’s risk-management specialist, Janet Gallup, then resigned in protest. A state investigation is now under way.

Speaking to the board of the water district—which serves about 50,000 people in the northwest, northeast and southwest areas of metro Tucson, according to its website—Hemway on Aug. 13 said he was nearly electrocuted on May 10, when he became drenched while working in a live, 480-volt cabinet at Metro’s DeConcini well site. A single father, Hemway had worked for Metro Water District for almost six years.

“I was nearly killed,” Hemway told the board. “I have concern for the safety of my co-workers as well as my own.”

Hemway had been ordered to do a pump-efficiency test by deputy manager Chris Hill, and he believes that Hill’s change in normal test procedure is what triggered the accident.

This was not the deputy manager’s first possible misadventure. In an incident last year, Gallup said, she asked general manager Mark Stratton to discipline Hill for ordering employees to work in a trench that had not been shored up, a violation of safety rules.

Stratton responded that Gallup “was a cancer at Metro Water District.”

Gallup, who was also Metro’s chief safety officer, said she was reprimanded for reporting to the Arizona Division of Occupational Safety and Health, or ADOSH, that a contractor was forcing employees to work in unprotected trenches.

Hill was named Metro Water District safety officer following Gallup’s resignation. The apparently close relationship between Stratton and Hill may stem from their eight-year business partnership in a private company, Agua Southwest LLC.

An ADOSH investigation of Hemway’s near-electrocution is under way. ADOSH’s Tucson office told the Tucson Weekly that it could not comment while an investigation is in progress.

Hemway claimed that supervisors on the scene failed to report the accident to the company’s risk-management officer. Gallup confirmed that and said that Hemway’s firing was “a major blow” to Metro Water District after he “did so much to improve their electrical system.”

Insomnia has plagued Hemway since the near-electrocution and helped lead to threats of discipline for absenteeism, even as Metro’s employee-assistance program was reportedly recommending medical leave for him. Hemway had received only one disciplinary warning letter prior to the accident, but after it occurred, he received four more.

Stratton issued a written rebuttal to Hemway’s charges on Sept. 7, available online at, for the Sept. 10 board meeting. Denying any violation of safety procedures, Stratton said Metro Water District  had acted “in an appropriate manner,” including requiring employee sign-off of a “hazard awareness form.”

Stratton wrote that a hose rupture involved with the accident occurred because a 200 PSI (pounds per square inch) hose had been replaced with a 50 PSI hose. How that happened is not explained. He also said that “corrective action” has been taken to avoid similar incidents, and that this change “eliminated the need to follow up.”

Stratton and Hill did not return the Weekly’s phone calls.

Metro Water District‘s security and safety procedures involve the use of video cameras, and the entire incident was recorded. The original video, however, was lost, according to Stratton, and a second download came up four minutes short. Stratton said that the shortened version begins just before the hose rupture and shows Hemway wet.

The letter of termination from Stratton, received the day after the Aug. 13 board meeting, charged Hemway with “blatant disregard of policies” and “excessive absenteeism.” In his report to the board, Stratton added a charge of “continued insubordination.”

Gallup told the Weekly that Hemway “certainly has a valid stress claim” and that Metro Water District was “trying to sweep it under the rug.”

Metro Water District faces a $1.2 million deficit that board Chairman Bryan Foulk said is “strangling the district.”

Stratton’s response claims that management has been “professional” and that Hemway has no “substantive proof of any wrong-doing,” so no board action is required.

Gallup, who said she’d finally “had it” with Metro Water District after six years, added: “When management isn’t following the rules, there is a big problem. I believe Metro Water District has a duty to provide honesty, integrity and safety to its ratepayers and employees.”

Dave Devine contributed to this article.

Metro Water Sparks Flying –