A Republican State Senator is outraged after the Democrat Attorney General issued a recent response to a legislative inquiry about prevailing wage ordinances.
On Thursday, Democrat Attorney General Kris Mayes answered a 1487 complaint from Senator Catherine Miranda, who had previously asked if “a city may enact a prevailing wage ordinance that requires contractors on municipal public works contracts to pay their workers no less than the wage rates that prevail for their trade in their geographic location.”
Mayes affirmed that “a city may regulate the minimum wages paid within its geographic boundaries under Arizona Revised Statutes $ 23-364(1), so long as those wages are not less than the statewide minimum wage.” The attorney general added that “this authority includes the ability to require that employees of contractors on local public works projects be paid not less than the prevailing wage.”
This reply from Attorney General Mayes attracted the attention of one Republican lawmaker in particular, Senator T.J. Shope. The legislator took to Twitter to express his displeasure with the state’s top cop, writing, “This is a completely outside of the law interpretation by Attorney General Kris Mayes. If this were legal, why have the unions run bills at the Legislature every year to make prevailing wage legal, including a bill I once ran? I don’t have a problem with cities entering in to contracts with labor per se but do it the right way AND legally. My hope is a lawsuit will be filed immediately to challenge this ILLEGAL opinion by the AG. The AG should have run for Legislature if she wanted to enact law.”
This is a completely outside of the law interpretation by @AZAGMayes@krismayes. If this were legal, why have the unions run bills at the Legislature every year to make prevailing wage legal, including a bill I once ran? I don’t have a problem with cities entering in to contracts… https://t.co/00ZMwDX3d5
Senator Shope may have been upset with Mayes’ opinion, but others around the state were not. Phoenix Councilwoman Laura Pastor tweeted, “Labor workers deserve to be compensated for their work. For years, I have consistently supported and pushed for prevailing wage – and I will continue to do so.”
ICYMI: AZ Attorney General @krismayes just released her opinion on Arizona cities enacting a prevailing wage ordinance.
Labor workers deserve to be compensated for their work. For years, I have consistently supported and pushed for prevailing wage — and I will continue to do so. pic.twitter.com/4CTaPf9qiv
— Councilwoman Laura Pastor (@PHXDistrict4) June 15, 2023
Phoenix Vice Mayor Yassamin Ansari wrote, “Attorney General Mayes’ opinion is clear: cities may enact a prevailing wage ordinance to ensure that workers are paid fairly and competitively. I look forward to voting YES (again) for a strong Phoenix policy by the end of this year.”
.@AZAGMayes’s opinion is clear: cities may enact a prevailing wage ordinance to ensure that workers are paid fairly and competitively.
I look forward to voting YES (again) for a strong Phoenix policy by the end of this year. pic.twitter.com/gngXvxdn33
— Vice Mayor Yassamin Ansari (@District7PHX) June 15, 2023
Ansari’s comment was referencing a back-and-forth saga over a prevailing wage ordinance in the City of Phoenix earlier this year. In March, five members of the City’s Council voted to approve the Prevailing Wage Ordinance for City Projects to “ensure that (Phoenix’s) development growth is match with the skilled labor (the city) urgently needs when (Phoenix) invests in the growth of (its) communities.”
This action from Phoenix led to the threat of litigation from the Goldwater Institute, which sent an April letter to the Phoenix City Council to “express serious concerns” about the passage of the Ordinance, warning that if “the enacted version of the ordinance regulates matters that are expressly pre-empted by state law, it exposes the City to a high risk of litigation.” After the first Phoenix Council vote, there was a change in two seats, leading to another vote by the Council to repeal the Ordinance.
Mayor Kate Gallego was among the votes to repeal the Ordinance. She stated at the time, “I believe in doing things the right way, not the fast way, and that’s what we decided to do today. I am optimistic that we will find a path forward for better pay for construction workers while, at the same time, put sound policy on the books that survives legal challenges.”
Workers deserve a living wage—and we can deliver that through a robust, public process that doesn’t put the city in legal and financial jeopardy. That’s why I voted with a majority of Council to direct city staff to find legally viable ways to increase wages on city projects.
Senator Miranda, the author of the 1487 complaint that generated Mayes’ opinion, seemed to have officials like Gallego in mind when she posted, “No hiding behind the fact it might be illegal. It’s not. Kris Mayes has spoken, “If two conflicting statutes cannot operate contemporaneously the more recent specific statute governs over [an] older more general statute.”
An Arizona lawmaker is calling out Governor Katie Hobbs for rising gas prices.
On Friday, Senator Jake Hoffman issued a press release, which highlighted “disturbing details…over what Katie Hobbs knew about Arizona’s fuel supply, and the fallout of crippling gas prices from her inaction, after concerns were raised over a major shortage.”
FOR IMMEDIATE RELEASE: Katie Hobbs Ignored Warning of Critical Gas Shortage in Arizona Leading to Pain at the Pump for Drivers ⬇️ pic.twitter.com/L9pD9teawg
Hoffman’s release originated from reports that a letter had been sent to Hobbs in March by independent petroleum refiner HF Sinclair, warning the state’s chief executive “of a critical supply shortage in Arizona due to an unexpected equipment failure stopping the production of ‘Cleaner Burning Gasoline’ (CBG) required by the Biden Administration in Maricopa County, as well as parts of Pinal and Yavapai Counties.” Hoffman revealed that HF Sinclair had “asked Hobbs to seek a waiver on that requirement from the U.S. Environmental Protection Agency, but the Hobbs Administration denied that request, baselessly claiming the EPA wouldn’t approve it.”
The state senator put Governor Hobbs on blast for this inaction, asserting that her constituents would pay a literal price for this decision: “Katie Hobbs’ incompetence as Arizona’s Governor continues to take center stage, and hardworking Arizonans are paying the price for it. The average price for a gallon of gas right now in Maricopa County is a full $1 higher than the national average. This is extra money that could help with groceries, medications and other necessities many of our taxpayers are having a difficult time affording because of the Biden Administration’s reckless policies leading to historic inflation. Hobbs had an opportunity to do the right thing by requesting this waiver to allow prices at the pump to drop, but she instead chose to selfishly play political games with the livelihoods of our citizens by refusing to back down from her woke ‘green’ agenda to appeal to her far-Left base. Katie, this is not California. In Arizona, we put families first.”
Senator Hoffman’s release shared part of the letter from HF Sinclair, where the refiner argued that Hobbs would be within her right to seek the waiver from the EPA, writing, “Pursuant to 42 U.S.C. § 7545(c)(4)(C)(ii), EPA may temporarily waive a control or prohibition respecting the use of a fuel when extreme and unusual fuel supply circumstances prevent the distribution of an adequate supply to consumers. EPA may grant such a waiver where such circumstances are the result of a natural disaster, Act of God, refinery equipment failure, or another event that could not reasonably have been foreseen or prevented, and where doing so would be in the public interest (e.g., when a waiver is necessary to meet projected temporary shortfalls in fuel supply in a state or region). Such circumstances presently exist in Arizona.”
The Hobbs’ Administration may not have been willing to pursue this waiver to help Arizonans at the gas pumps – something that can’t be said about the Biden Administration, which had another opportunity to lower fuel prices earlier this year. Last month, the EPA issued “an emergency fuel waiver to allow E15 gasoline – gasoline blended with 15% ethanol – to be sold during the summer driving season.” According to the EPA, “the waiver will help protect Americans from fuel supply crises by reducing our reliance on imported fossil fuels, building U.S. energy independence, and supporting American agriculture and manufacturing.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
An Arizona Republican legislator has renewed his efforts to hold the state’s Democrat chief executive accountable to the rule of law.
On Wednesday, Representative David Livingston filed a complaint and request for investigation with Arizona Attorney General Kris Mayes, regarding Governor Katie Hobbs’ use of state resources to influence elections pursuant to state statutes. This action from Livingston follows an earlier attempt from the legislator to obtain a legal opinion on “whether Arizona law allows a Governor-Elect to fundraise for political entities that make expenditures to influence elections through a state website promoting inaugural events.” In this latest effort, Representative Livingston revealed that Attorney General Mayes had “declined to provide a legal opinion, stating there were factual questions that made the issue inappropriate for a legal opinion.”
🚨FOR IMMEDIATE RELEASE🚨 State Representative David @Livingston4AZ Files Complaint with Attorney General Mayes Requesting Investigation of Governor Hobbs’ Use of State Resources to Influence Elections.
— Arizona House Republicans (@AZHouseGOP) June 14, 2023
Livingston released the following statement in conjunction with his announcement: “State law prohibits using public resources, including websites, to influence elections. As the Attorney General has already acknowledged, there are unanswered factual questions here that warrant an immediate and thorough investigation. If Governor Hobbs had simply transferred the leftover funds to the state protocol account like former Governors have done, it would not be necessary to file my complaint. But the Governor’s unprecedented actions and refusal to provide information to me about where the funds went, who controls the funds, and how the funds will be spent left me with no choice. As the state’s chief legal officer charged with investigating potential violations of Title 16, the Attorney General must scrutinize these transactions and seek judicial relief if necessary to remedy past violations and prevent future violations of state law.”
The state lawmaker argues that the Arizona Attorney General’s Office “is empowered to investigate potential violations of Title 16,” pointing out that “Mayes invoked this authority earlier this year when she filed an unsuccessful lawsuit against Cochise County, citing concerns that without taking legal action, the Cochise County Board of Supervisors might hide actions that should be done publicly in compliance with Arizona’s open meeting law.”
This issue rose to importance earlier this year as Arizona lawmakers received murky and incomplete information about Hobbs’ inaugural fund, which totaled more than $1.5 million in the lead-up to her inauguration at the State Capitol on January 5. After multiple weeks of questions, Hobbs’ campaign manager released the donor list, showing 120 contributors to the fund.
Even with the uncovered donor list, lawmakers wanted more transparency from Hobbs, but they weren’t finding the level of cooperation they sought from her Office. Reports showed that the inauguration cost $207,000, which was a fraction of the funds received from the Hobbs’ Inaugural Fund. With knowledge of how much was raised and spent from the fund, Senate President Warren Petersen and House Speaker Ben Toma sent a letter to the Governor on January 26, asking her to “commit the balance of her $1.3 million inaugural fund proceeds to the state, as past governors have, for the sake of transparency & accountability to the people of Arizona.”
The legislative leaders wrote that “Given….the Inaugural Fund’s own descriptive title, Arizonans would have reasonably anticipated that any excess funds would be used for state interests. In any event, given the public resources that were utilized to solicit funds for the Inaugural Fund and to host the inauguration, it would be inappropriate to utilize any monies in the Inaugural Fund to influence an election.”
The governor’s actions in this matter prompted the introduction of SB 1299, sponsored by Senator Wendy Rogers, which dealt with the governor reporting inauguration expenses. The bill required “the Governor’s Office to publish on its website, within 15 days after the inauguration ceremony, information detailing each organization that organized, supported or funded the ceremony.” The proposal was passed out of both legislative chambers with broad bipartisan support and signed into law by Hobbs.
Representative Livingston’s communication to Attorney General Mayes references this legislation, stating that SB 1299 “is no impediment to your investigation. Because SB 1299 requires all inaugural donations to be deposited directly into the state protocol account, it prohibits future Governors and Governors-Elect from unlawfully using state resources to engage in political fundraising. However, SB 1299 does not have retroactive application and does not remedy past violations of A.R.S. 16-192.”
The legislator ends his referral letter with an exhortation for the state’s top cop to take his complaint seriously, writing, “No one is above the law, including Governor Hobbs.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Last week, Governor Katie Hobbs vetoed SB 1264, sponsored by Senator J.D. Mesnard. The bill would have prohibited “an election officer or employee or person who oversees any significant aspect of election operations from being a chairperson, treasurer or member of a political action committee.”
In a customary veto letter to the Senate President, Hobbs wrote, “There are few, if any, examples of election-related issues created by elected election officers or their appointees being involved in political action committees. For this reason, I have vetoed SB 1264.”
Mesnard was not pleased with the governor’s action, releasing a statement soon after her decision was made public. He stated, “The fact that individuals who have the sacred duty of overseeing the integrity of our elections are also permitted to simultaneously influence those elections through a Political Action Committee is disastrous public policy. Allowing such a conflict of interest to persist seriously undermines public trust. This legislation not only had bipartisan support, it was an absolute no-brainer.”
FOR IMMEDIATE RELEASE: Governor Refuses Commonsense Solution to Prevent Conflict of Interest in Arizona’s Elections @JDMesnard ⬇️ pic.twitter.com/aTar5VaINu
The bill’s sponsor went on to address the governor’s statement in her letter, saying, “In her veto letter, the Governor claimed, ‘There are few, if any examples of election-related issues’ from current policy, but in fact, examples do exist. And even one is too many. Regardless, why wait for there to be ‘issues’ when the conflict of interest is obvious and is itself a problem? Again, this is terrible public policy and allows for both parties to play games, which I fear will only escalate in light of her misguided veto.”
Earlier this year, Mesnard’s proposal cleared the Senate with a 16-14 vote, after passing through the Senate Elections Committee with a 5-3 tally. After being transmitted to the House of Representatives, the piece of legislation was first approved by the Municipal Oversight & Elections Committee with a bipartisan 7-3 vote before easily sailing through the chamber with a 42-16 vote (with one member not voting and one seat vacant).
Back in February, a representative from the Arizona Secretary of State indicated that the Office took a neutral position for the bill.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Arizona Governor Katie Hobbs pressed rewind on another agency nomination before facing an embarrassing defeat at the hands of the state senate.
On Monday, the Senate Committee on Director Nominations revealed that Governor Hobbs had withdrawn the nomination of Martin Quezada to be the Director for the Registrar of Contractors (ROC). The governor’s action came after her selection for ROC had been rejected by the Senate Committee, which had been established by President Warren Petersen to vet appointments to head state agencies.
In her letter to Petersen, Governor Hobbs noted that “Director Quezada demonstrated dignity, professionalism, and a deep commitment to public service throughout his tenure leading the Registrar of Contractors.” Hobbs claimed that her nominee “requested that his nomination be withdrawn after the disappointing and inappropriate nomination hearing he endured.”
Senator Jake Hoffman, the chairman of the powerful committee, issued a statement after the governor’s move came to light, highlighting the importance of his panel to ensure that Arizonans are well served by the men and women who lead various agencies. Hoffman said, “Mr. Quezada’s nomination is a prime example of why the Senate Committee on Director Nominations is crucial to ensuring only the most highly qualified candidates will serve as leaders of our critically important state agencies, which impact the safety, health and livelihoods of all Arizona citizens. Through our thorough vetting process, we’ve been able to weed out inappropriate partisan appointments by Katie Hobbs, like Mr. Quezada, while also identifying experienced, accomplished, professional and highly qualified nominees such as Ms. Susan Nicolson for the Department of Real Estate and Mr. Ryan Thornell for the Department of Corrections. Our committee is committed to protecting the public by conducting our due diligence in evaluating these potential state agency leaders.”
According to the Senate’s press release, “concerning information came to light about Mr. Quezada during the May 31st hearing, which led to the recommendation of rejection, including his frequent comments and behaviors supporting antisemitism, racism, and his intolerance for individuals based on skin color, gender, religion and political affiliation.” The announcement also highlighted that Quezada “developed a voting history while serving in the Legislature against small businesses, which is the very community he would have been tasked with serving.”
After the Senate Committee on Director Nominations rejected Quezada’s appointment by the governor, the chamber’s President Pro Tempore, T.J. Shope, indicated that Quezada’s legislative record when it came to small businesses played a significant part in the panel’s decision, saying, “The ROC can ultimately make or break the livelihoods of contractors within our state, so it’s important to choose a leader who supports entrepreneurs in their quest to serve our citizens responsibly and honorably. Unfortunately, during his tenure in the Legislature, Mr. Quezada developed a track record of voting against small businesses 82% of the time, according to data released from NFIB. We can’t in good faith sign off on a director who has a history of voting against the community in which he’s tasked with serving.”
Hobbs now goes back to the drawing board to resubmit a new nomination for ROC to the Arizona Senate for hopeful confirmation.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
