This is a very weird story: The Arizona Republic reports that in June, Diamondbacks president Derrick Hall sent an email to Phoenix city manager Ed Zuercher, offering to discuss an “opportunity” for a partnership involving a stadium. And that’s all the Arizona Republic reports, as Zuercher won’t reveal what the proposal was, citing a nondisclosure agreement that Hall demanded he sign before being allowed to view the partnership proposal.
Cities refusing to release otherwise public documents because they’re involved in ongoing negotiations over them is common, but from the sound of things, these talks went nowhere, so it’s not an open issue. Normally this would make the documents in question fair game for journalists and the public via the Arizona Public Records Law — but a city spokesperson said the NDA required the document to only be “loaned” to the city to examine, then be returned to the team owners, making it not a public document.
This is, plainly, worrying as hell: If business owners of any kind can hold talks with public officials under a shroud of an NDA without it being subject to freedom of information laws, it will be a major loophole in requirements that records of governmental operations be made available to the public. This particular proposal could have been nothing important, or it could have been something that will affect the future of the Diamondbacks and public money in significant ways — the whole point is we don’t know, and have no way of knowing, thanks to this legal dodge. It’s the paperwork equivalent of hiding in hallways to evade open meetings laws, and I sincerely hope somebody challenges it.