Arizona Corporation Commission Censures Democrat Over Bonus Dispute
In a significant development within the Arizona Corporation Commission, Republican commissioners voted to censure the body’s sole Democrat, Anna Tovar, following her public criticism of the executive director’s $20,000 bonus. This decision has sparked a political and ethical debate within the commission.
On November 6th, the commission awarded Executive Director Doug Clark a $20,000 bonus, supplementing his $215,000 annual salary. Tovar, however, opposed the bonus, citing the absence of performance metrics and concerns over high staff turnover and a pending discrimination lawsuit against Clark.
Following her official statements challenging the bonus, the Republican commissioners initiated an ethics investigation into Tovar on November 22, claiming she revealed confidential information from a closed executive session. Arizona law mandates public discussion for commission decisions but allows private sessions for specific matters, such as personnel issues.
On December 18, after a closed executive session, Chairman Jim O’Connor and Commissioners Nick Myers and Kevin Thompson voted for Tovar’s censure, citing violations of state laws concerning executive session confidentiality. The matter has been referred to Maricopa County Attorney Rachel Mitchell for further examination.
Rejecting the allegations, Tovar stated, “All this information is public and I didn’t violate any rules or any laws.” She emphasized her intent to protect consumer interests, questioning the prudent use of public funds.
Despite the censure, the commission did not specify which of Tovar’s statements breached state laws. Nicole Garcia, a commission spokeswoman, explained, “I am unable to point out specific violations. That information was part of Executive Session discussions.”
Jim Barton, Tovar’s attorney, accused the Republican commissioners of using the investigation for political purposes, particularly as Tovar’s term nears its end. Barton criticized the decision to refer the case to the Republican Maricopa County Attorney rather than the Democratic Attorney General, who has a dedicated Open Meeting Law Enforcement Team.
“This is a witch hunt, and it’s gross and it’s a misuse of taxpayer dollars to settle political scores like this,” Barton commented. Previously, Tovar had filed a complaint that resulted in the Attorney General’s Office determining the commission violated the Open Meeting Law.
Barton further contended the investigation was improperly conducted by Commission General Counsel Tom Van Flein, noting a conflict of interest as he advises all commissioners, including Tovar, on legal issues like the Open Meeting Law.
Additionally, the Republican commissioners accused Tovar of staff harassment and violating rules against disparaging commission staff publicly. They did not clarify if these allegations pertained to Clark or another staff member. Tovar has denied any harassment claims.
In a prior meeting, O’Connor instructed an investigation into Tovar’s alleged harassment of former spokesman JP Martin, now with the Secretary of State’s Office. Martin remarked, “I think the investigation is going to show what it does,” and distanced himself from the ongoing inquiry.
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