Details of Aviles investigation revealed


In public records obtained by InMaricopa on Monday, recently reinstated city employee David Aviles admits to modifying city records at the request of former city employee Marty McDonald.

Aviles was relieved of his duties by the city in October after he was indicted on nine criminal counts, including one count of forgery, one count of hindering prosecution in the first degree and one count of tampering with a public record.
The charges stemmed from Aviles allegedly altering city records between Sept. 1, 2010 and Sept. 22, 2010 to the benefit of McDonald, who was laid off and arrested on charges of stealing by deceit and is involved in a claim against the city.

In the course of an investigation conducted by the city while Aviles was on leave, he admitted to modifying the records after hours in response to requests made by McDonald. Aviles also states in the investigation report that he provided a copy of the inventory list to McDonald after making the changes and that his supervisor John Nixon would not have given him permission to make the changes if asked.

Despite the admission, the city found Aviles remorseful for his actions and due to his prior history decided to reinstate him March 4.

The reinstatement is not without punishment, however. Aviles position was changed from recreation coordinator with an annual salary of about $48k to recreation leader with an annual salary of about $39k. He will also serve a 40-hour unpaid suspension, cooperate with the attorney representing the city in a claim filed by McDonald and waive all appeal rights.

Aviles’ lawyer Dennis Gorman filed a motion for dismissal of the criminal charges in February, but the court has not ruled on the motion.

Aviles declined to be interviewed for this story and his lawyer was not available for comment.