New-Look Arizona Commission Seen as Good Sign for Agency Change
The Arizona Corporation Commission plans to revisit its ethics code next week under a new chairman who brought scrutiny to last year’s efforts and with an added Democratic commissioner who pledged to end ACC corruption. The membership bodes well for making significant revisions, said Chairman Bob Burns (R) in an interview Tuesday. They “are very promising developments for freeing the commission from undue influence by the regulated utilities,” Public Citizen Government Affairs Lobbyist Craig Holman told us.
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Commissioners voted 5-0 Monday to make Burns chairman, replacing his frequent antagonist Tom Forese (R), who lost his primary, and exited the commission Monday. The ACC swore in Commissioner Justin Olson (R) -- elected after one year finishing a previous member's term -- and new member Sandra Kennedy, the lone Democrat. Both campaigns pledged to strengthen ethics (see 1810250048). Commissioners unanimously re-adopted their 2018 ethics code Monday, though Olson, Kennedy and Andy Tobin (R) sought changes. Commissioner Boyd Dunn (R), who led last year’s work developing the ethics rules, noted it's meant to be a “living document.”
Commissioners will discuss proposed amendments to the ethics code at a staff meeting before the Jan. 15-16 open meeting, where members would vote on them, Burns said: Ethics won’t be on Wednesday’s staff agenda because Tobin can’t attend.
“The commission is not without challenges,” and Burns wants “consensus solutions,” he told the meeting. He promised to include on a staff meeting agenda any commissioner idea. The body will return to a two-day meeting format, including, on day one, a vote on the chairman’s consent agenda and public comments about regular-agenda items and, on day two, commissioner discussion and votes on the regular agenda, he said.
Kennedy will “be vigilant in watching and ferreting out corruption,” she said after being sworn in. The ACC has “a culture that has not represented the best interests of ratepayers and consumers.” The Democrat, who was a member 2009-13, wants to restore confidence in the institution by increasing transparency and public participation, and by enhancing and better enforcing the ethics code, she said.
“Dark political clouds” have “overshadowed the commission,” said Forese, who exited the building before commissioners voted for Burns. The ex-chair wishes he “would have done more to bring civility to the commission,” he said. “In the last six months, I’ve gotten to know Commissioner Burns very well, and it’s made me regret the time that was wasted as we sparred together.”
Arizona's ethics code should ban commissioner “ex-parte communications with utilities and their lobbyists,” with violations requiring recusal, Kennedy said. Commissioners shouldn’t be allowed to reopen and change prior decisions without due process or new evidence, she said. Members shouldn’t “receive gifts of food, drink and lodging” from entities regulated by or that regularly appear before the ACC, and “the swinging door of commission employees must have a moratorium,” she said. Also, Kennedy supported subpoenas of Arizona utilities on alleged dark-money spending in recent elections and urged the commission to livestream staff meetings, she said.
Burns supports streaming staff meetings if technically possible and if it doesn’t require change in the meeting’s more casual format and location, and plans to meet soon with Kennedy about her proposals, he told us. Burns has been in court seeking a ruling that a commissioner may issue a subpoena without support from a majority, he said. Burns plans soon to appeal to a higher state court but noted he might now have a chance at three votes for a commission subpoena if he can convince Kennedy and Olson.
Burns last year supported an Olson amendment rejected 3-2 by the previous commission when it adopted the ethics code. It requires candidates to reject or return contributions from entities that appear there, or recuse themselves from proceedings involving that contributor.
“Commissioners should be prohibited from accepting any campaign contributions from businesses regulated by the Commission, known as an anti-pay-to-play rule,” emailed Public Citizen’s Holman. Dozens of states and localities have such a rule, he said. Arizona should amend state law “to end dark money campaigns and require full disclosure of donors behind each and every independent expenditure campaign,” he said. Holman said “commissioners should be required to recuse themselves from taking official actions that affect their former employers or clients within the previous two years.” He sought an outside “ethics czar.”