The Gilbert Public Schools Superintendent recently had aTerrible, Horrible, No Good, Very Bad Day in Gilbert Municipal Court. 7-0 Kishimoto convinced a judge to listen to her in an ex parte hearing, meaning that she filed a civil lawsuit against the Westies, but we didn’t know anything about it … yet. The secret hearing (ex parte in lawyer lingo) was for Superintendent Kishimoto to tell the judge why she needed an Injunction against Harassment order against someone she’s never even met. It was just Christina Kishimoto and the judge, and fortunately, an audio recording system.
Remember, the police report shows that 7-0 Kishimoto did not express any fear, describe any harassment, or allege that she was being followed. Listening to this Legend-in-Her-Own-Mind superintendent person test... in court, note that 7-0 Christina Kishimoto had no details at that point, either; she appeared to rely solely on her credibility as Superintendent
to take revenge on the Westies to get what she wanted from a sympathetic judge.
The first incident of harassment Kishimoto alleged was simply that Westies were reviewing public records at the district offices of Gilbert Public Schools on January 13, 2015. The second alleged harassing incident in Kishimoto’s petition was that the Westies were seen taking photographs of her vehicle in the GPS parking lot. Kishimoto alleged as a third incident of harassment that several staff members provided written and/or verbal testimony “about the incident and their concern for my safety.” Right … Kishimoto was *so scared,* she waited a week before she called the police and then trotted down to the courthouse, claiming that a whole bunch of folks had encouraged her to file for an injunction “right away.” So it must be their fault, too, that things didn’t go very well for 7-0 Christina Kishimoto.
Superintendent Kishimoto must have been stunned, because [spoiler alert] the judge didn’t fall for her hastily-contrived fears for her safety. Nope, the good judge decided the law was the law, no matter how many times 7-0 Kishimoto tried to claim that inspecting public records is harassment. It could not have helped that her Petition for an Injunction against Harassment was pretty much illiterate. [Extra credit for correcting all the ridiculous mistakes!]
Christina Kishimoto had asked that TWestie be ordered to stay away from the GPS offices “at all times, including when I am not present.” Had the petition been granted, TWestie would no longer have been able to inspect public records at GPS offices, which seems to have been Superintendent Kishimoto’s real purpose in all this nonsense. Plus, it was a great way to retaliate against DWestie for filing that pesky complaint with the Attorney General about Christina Kishimoto’s many violations of Arizona’s Open Meeting Law. (“I’ll get you, my pretty, and your little dog too!“) Sheeeesh.
Christina *7-0* Kishimoto gave a whole lot of sworn testimony that was something less than “the truth, the whole truth and nothing but the truth.” Maybe if Queen Kishimoto had consulted one of those high-priced lawyers who are at her beck and call, that lawyer might have warned her about making stuff up that can be easily proven to be false. It looks like Christina Kishimoto instead took to heart the this advice: “The bigger the lie, the more it will be believed.”
When the judge asked what TWestie had done that made her feel she needed an injunction against him, Kishimoto replied that TWestie “is constantly engaging in FOI or Freedom of Information requests… he is constantly in my office building and at board meetings.” Kishimoto further testified, “They come in on almost a weekly basis. I’m sorry, HE comes in.” A lawyer’s review of GPS records would have shown that Christina Kishimoto’s allegation was untrue.
*** Prior to January 2015, DWestie (not TWestie) made seven public records requests after Kishimoto became superintendent. After January 13, 2015, DWestie made four public records requests. Two of those requests were related to Kishimoto’s police report and her Petition for an Injunction Against Harassment.
*** Since Kishimoto became Superintendent, the two Westies have been in the district offices only three times and only by appointment: July 23, 2014; September 9, 2014; and January 13, 2015. T Westie has never gone to the district offices alone.
*** TWestie has never emailed Kishimoto. DWestie makes public records requests using the GPS online submission form; she follows up with an information email. GPS Policy KDB-R states, “Requests for access to records shall be directed to the office of the Superintendent.”
Kishimoto stated under oath that TWestie “is involved by attending board meetings, and thus, is a constituent.” Kishimoto clearly relied on the good judge believing that TWestie’s conduct at board meetings was harassing or otherwise uncivil.
*** The truth is that neither Westie has attended a public meeting of the Governing Board since June 2012.
Unfortunately for Superintendent Christina Kishimoto, sitting members of the Gilbert Public Schools Governing Board could have told her that the Westies haven’t attend board meetings for quite a while. Since it appears that Superintendent Kishimoto was hiding her clandestine legal adventure from her bosses, she missed an opportunity to discover that inconvenient fact.
Kishimoto further *testified* with a vague assertion that she had been “informed by staff members and community members” that she “was told” she was being followed. When the judge asked what evidence Superintendent Kishimoto had that TWestie followed her, who saw him following her, or how he followed her, Kishimoto stated, “The allegations have been that they have been involved in setting up who is following who and keeping track of one another.” First, she did not give a direct answer to the good judge’s question. Second, with absolutely no evidence, Christina Kishimoto described collusion among persons who have allegedly followed her and attributed the coordination of those persons following her to TWestie, in an attempt to paint him as a stalker.
*** The truth is that TWestie has never followed Kishimoto. He has never colluded with anyone to have her followed, assuming Kishimoto has indeed been followed by persons she never saw following her.
Kishimoto grumped that she doesn’t like getting public records requests. She testified, “When they come, when HE comes in to review records, I get emails accusing the school system, accusing potentially me of not releasing those records appropriately and so there’s just an email history, that is a long standing history in terms of public records requests.” The good judge told her that complaints such as Kishimoto described would not justify an injunction.
The problem for Superintendent Christina Kishimoto is that she veered into statements that could be quickly proven as false te....
Kishimoto falsely testified, “As I came into the district, I received emails from [TWestie] asking for information and accusing the district of not following through on those FOI requests.”
Kishimoto presented further false testimony, “There has never been a decision made that we haven’t been following up on those FOI requests as required by law.”
*** First, TWestie has never emailed Christina Kishimoto. Not once. Second, it was through public records that we learned GPS had lost ....
The actual and factual history: four parties brought a legal action in December 2012 against GPS and its agents responsible for producing public records. There was a judicial determination in November 2013 that GPS had failed to produce public records promptly; Plaintiffs [we] were awarded attorneys’ fees in January 2014. The lawsuit ended in April 2014, with the Defendants [GPS] paying additional attorneys’ fees and producing public records to settle. The lost online request for public records was important evidence in that lawsuit.
It’s clear that Superintendent Christina Kishimoto thought no one would know about her covert adventure in Gilbert Municipal Court. Maybe she didn’t know what a favor the judge had done for her: if he had granted Superintendent Kishimoto’s petition, a full hearing would have followed with TWestie not just present in the courtroom, but allowed to present evidence showing Kishimoto’s sworn testimony to have been false from the get-go. Christina Kishimoto must have expected her adventure would remain secret since she was unsuccessful and her revenge against the Westies was thwarted.
We expect that Superintendent Christina Kishimoto will take up the judge’s *invitation* to come back with more *evidence* sometime in the future. The problem is, it appears that Kishimoto thinks she has a friendly judge who showed her the ropes this time so she can *do better* next time. The next time may not be against the Westies; it could be against anyone who gets in Christina Kishimoto’s way.
There’s a lot more to share about Superintendent Christina Kishimoto’s testimony in that secret ex parte hearing. You all know how we love to share! ‘Til next time, keep on chirping, birdies!
Until then, it’s Oh Mexico. Trivia: did you know that James Taylor performed on the Queen Mary 2? Coming in the fall, it will be Crosby, Still and Nash on QM2. It’s a great time to be an “elderly couple.”