Partisan Rancor Tops the Arizona Corporation Commission Agenda

Four Republican members of the AZ Corporation Commission initiated an investigation into outgoing Commissioner Anna Tovar, which resulted in a motion to censure. They allege that the Democrat violated the Commission’s open meeting laws and code of ethics when she wrote a letter disclosing salary information for Executive Director Doug Clark. The censure accompanies a referral to the Maricopa County Attorney’s Office, led by Republican Rachel Mitchell.

During a subsequent open meeting, the Commission revealed the investigation into Tovar, which brought Tovar’s letter to light. The letter, sent by Tovar in early November 2024, allegedly contained information discussed during a previous executive session. The Commission claims that in addition to the code violations, the letter constituted “harassment of a commission member.”

Tovar was absent from the meeting, and most members declined to comment during or after. However, Chairman Jim O’Connor stated, “It’s with a, personally, a very heavy heart, that I make this motion.”

Tovar wrote the letter after the November 6, 2024, executive session, during which they discussed Clark’s performance and compensation and preceded a public vote on Clark’s pay bonus. The Republican commissioners assert that Tovar’s letter violated confidentiality and ethical mandates. However, Tovar denies any wrongdoing. In an interview with  The Arizona Capitol Times, she insisted that her letter only addressed comments she made during the public portion of the meeting, which does not constitute a violation or even the appearance of impropriety.

The censure resolution alleged that Tovar’s “unethical misconduct and harassment” were “substantiated” but failed to provide specifics.

Tovar’s attorney, Jim Barton, fired back at the allegations, calling the process “an absolutely disgusting display of partisanship.” He insisted Tovar never discussed information that was not already publicly available. “Their censure is so trivial and so toothless that I’m not sure if it’s worth a lawsuit, but what they did is wrong and it’s disgusting … and I would hope that the Arizona voters would remember this kind of garbage,” Barton added.

Barton pushed the partisanship narrative, adding, “What is most profoundly transparent about their partisanship is that they actually referred this to the Republican county attorney instead of the Attorney General’s Office, where the Open Meeting Law Enforcement Team is,” Barton said. “This is kangaroo court at its top.”

Barton failed to mention that AG Kris Mayes is a Democrat. However, the Commission’s rules specifically state that commissioners may file with either the State attorney general’s office or the County Attorney where the violations allegedly occurred.

Some argue that the censure and related criminal referral were unnecessary, as Tovar opted not to run for reelection to the Corporation Commission. Her term ends in January 2025.

Tovar’s attorney stated that she is unsure if she will file a lawsuit against the Commission or seek other options to fight the censure. She has to weigh risk versus gain,” Barton said, announcing Tovar’s hesitancy to get involved in a public fight. Sometimes, when you get down in the mud with a pig, everybody ends up dirty.”

The Arizona Globe originally reported on this issue here.