Livingston Demands Answers From Hobbs Over Looming Financial Crisis For Disabilities Program

Livingston Demands Answers From Hobbs Over Looming Financial Crisis For Disabilities Program

By Daniel Stefanski |

A Republican lawmaker is demanding answers of Arizona’s Democrat Chief Executive over a looming financial crisis of a vital program for parents and children.

On Wednesday, State Representative David Livingston sent a letter to Arizona Governor Katie Hobbs, “renewing his warning over the imminent insolvency of the state’s Developmental Disabilities (DDD) program, calling out [the governor’s] administration for its fiscal mismanagement and lack of legislative consultation.”

In a statement that accompanied the press release sharing the contents of the letter, Livingston, the Chairman of the House Appropriations Committee, said, “This administration has made major financial commitments without consulting the Legislature, and now families are staring down the consequences of an unsustainable program. Governor Hobbs must explain why her agencies are making decisions without oversight and what her plan if this program collapses.”

Livingston added, “Under Governor Hobbs’ watch, the cost of this program has exploded from $750 million to $1.5 billion. The Legislature was blindsided by these numbers, and we need immediate answers on how the administration plans to rein in spending before Arizona families are left with nothing.”

The longtime Arizona legislator wrote in his letter, “As I continue to untangle the executive budget proposal, I am most disturbed to learn that decisions made by your departments have threatened the operations of the State’s Developmental Disabilities program. The House Appropriation Committee was briefed last week, less than two weeks after your original budget proposal, that DDD’s supplemental needs have increased from $109 million just to keep the program from ceasing operations in April. This is alarming to both the Legislature and families using this program.”

Representative Livingston noted that his committee “was briefed that cost overruns are for three primary reasons: growth in eligibility, increased rates, and the continuation of the COVID-era Parents as Paid Caregivers Program.” He highlighted that “AHCCCS not only made these decisions without consultation of the Legislature, but without consultation of DDD, the manager of the program.”

The questions Representative Livingston asked of the Governor’s Office are as follows:

  • “Will your office choose the same posture this year and what is your plan when the DDD program must discontinue operations in the Spring?” (referring to the lateness of budget negotiations between the Governor and legislative Republicans)
  • “Can you explain why AHCCCS makes decisions without input?”
  • “I need to know as soon as possible what AHCCCS and DDD plan to do to control the spiraling costs in these programs.”
  • “What oversight and controls can be implemented to relieve the pressure on these employees and ensure uniform implementation?” (referring to reports of pressure by parents on Service Coordinators to increase hours, affecting the spending within the program)

This financial crisis over DDD adds to a rocky start of the 57th Regular Session between Arizona Republican legislators and Governor Hobbs in the third year of a divided state government.

Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.

Small Business Advocacy Organization Honors Several Arizona Republican Lawmakers

Small Business Advocacy Organization Honors Several Arizona Republican Lawmakers

By Daniel Stefanski |

A leading small business advocacy organization has presented several Arizona lawmakers with its top award.

Earlier this summer, the National Federation of Independent Business (NFIB) presented a handful of Arizona legislators with its Guardian of Small Business Award. The individuals recognized with the award were as follows:

  • Speaker of the House Ben Toma
  • Representative David Livingston
  • Representative Travis Grantham
  • Senate President Warren Petersen
  • Senator J.D. Mesnard
  • Senator T.J. Shope

“These six lawmakers have gone above and beyond on behalf of Main Street Arizonans,” NFIB State Director Chad Heinrich said. “In this difficult economy, where costs continue to go up and open positions remain unfilled, it’s incumbent on lawmakers to not make it more difficult to own and operate a small business here in Arizona. Our members are grateful for each of these lawmakers’ commitment to free enterprise and sound policy.”

NFIB presented the award to Petersen in August.

NFIB presented the award to Shope in August.

NFIB presented the award to Mesnard in August.

NFIB presented the award to Toma earlier this month.

Toma responded to the award, stating, “Thank you. It is a great honor to be recognized by those dedicated to protecting and promoting small businesses.”

According to its website, “NFIB is the voice of small business, advocating on behalf of America’s small and independent business owners, both in Washington, D.C., and in all 50 state capitals. NFIB is nonprofit, nonpartisan, and member-driven. Since our founding in 1943, NFIB has been exclusively dedicated to small and independent businesses, and remains so today.”

Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.

Livingston Accuses Mayes Of Conflict Of Interest In Hobbs Pay-To-Play Investigation

Livingston Accuses Mayes Of Conflict Of Interest In Hobbs Pay-To-Play Investigation

By Daniel Stefanski |

Arizona’s Attorney General is facing yet another instance of Republican opposition to her desire to sideline Maricopa County Attorney Rachel Mitchell in an investigation of the Governor’s Office.

This week, State Representative David Livingston became the latest Arizona official to weigh in on the brewing scandal and investigation over the Governor’s Office’s alleged impropriety with taxpayer dollars, writing a letter to Attorney General Kris Mayes, demanding that she “immediately recuse [herself] from investigating the pay-to pay scandal, which involves substantial donations to both the Arizona Democratic Party and Governor Hobbs’ inaugural fund.”

In his letter, Livingston reminded the state’s top cop that he had previously communicated with her office to “express disappointment with your disposition of my public resources complaint, which alleged that then-Governor-Elect Hobbs misused public resources in violation of A.R.S. S 16-192 by impermissibly funneling 53 contributions to the Arizona Democratic Party through a state website.”

Livingston pointed to Mayes’ handling of this issue, in what he called a “clear conflict of interest in investigating my public resources complaint,” as fuel for his latest transmission to the Attorney General’s Office. He wrote that Mayes’ “conflict of interest and mishandling of my complaint warrants your recusal from investigating the pay-to-play scandal because it likewise stems from Governor Hobbs’ unprecedented inaugural fundraising and political donations to the Arizona Democratic Party.”

The Republican legislator also told Mayes that she “either grossly misunderstand[s] Arizona law or [is] making a desperate attempt to claim jurisdiction over the pay-to-play investigation to protect Governor Hobbs and/or the ADP” with her efforts to shield the Maricopa County Attorney’s and Arizona Auditor General’s Offices from the inquiry. Livingston explained that “it is the county attorney that may refer criminal matters to [the Attorney General’s Office] for investigation by the State Grand Jury if the offenses fall within its jurisdiction,” and that “the Auditor General routinely works with county attorneys to conduct investigations and is statutorily authorized to do so.”

As he concluded his letter, Livingston opined that “if [Mayes] dislike[d] Arizona’s laws or the limits of [her] authority imposed by those laws, you are welcome to advocate for statutory changes through the legislative process. He added a warning, stating that “what you may not do, however, is make false statements about Arizona law to micromanage the conduct of other elected officials and public servants or prevent them from exercising their own powers and duties.”

Livingston’s letter to Mayes comes after letters from two of his Republican colleagues in the State Legislature, Senate President Pro Tempore T.J. Shope and Representative Matt Gress, were sent to Mitchell and Mayes. Shope sent a letter on June 5 to both Mayes and Mitchell, asking both officials to “examine the facts surrounding the Department of Child Safety’s alleged decision to approve a nearly 60% rate increase for Sunshine Residential Homes and determine if conduct by any of the involved parties warrants a criminal or civil investigation.”

Gress followed up with a letter on June 6 to Mitchell, letting her know that “the Auditor General’s Office stands ready to partner with you in getting the facts about this troubling matter,” and that the Joint Legislative Audit Committee “will allocate the resources the Auditor General needs to help restore what appears to be a major breach of trust in our government.”

That day (June 7), Mayes fired off two letters to both Mitchell and the Arizona Auditor General, Lindsey Perry, over the investigation. Mayes told County Attorney Mitchell that “it would not be appropriate or in the best interest of the state to conduct parallel investigations into the same matter,” and that “a separate process conducted by the MCAO could jeopardize the integrity of the criminal investigation that my office will now proceed with.”

Mayes similarly told Auditor General Perry that “while [the Auditor General’s] office is statutorily authorized to examine records and conduct audits at the direction of the Joint Legislative Audit Committee, at this time, the assistance of [her] office is not needed by the Attorney General’s Office for our investigation.”

After the letters from Mayes, Arizona State Treasurer Kimberly Yee sent a letter to Maricopa County Attorney Rachel Mitchell, requesting “that [she] investigate the allegations that have occurred in [her] jurisdiction.” Yee also delivered a letter to Arizona Attorney General Kris Mayes, highlighting the state’s top cop’s recent assertion to the State Auditor General and the Maricopa County Attorney that her office had singular control over any investigation “is not appropriate or authorized by law, as those entities have separate jurisdiction to investigate this matter.”

Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.

Livingston Keeps The Heat On Hobbs With AZ AG Complaint

Livingston Keeps The Heat On Hobbs With AZ AG Complaint

By Daniel Stefanski |

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.”

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.

Fontes Fumed Over Budget, Stormed Through State House

Fontes Fumed Over Budget, Stormed Through State House

By Daniel Stefanski |

Arizona’s recently passed budget continues to divide Democrats as they bemoan Governor Katie Hobbs’ failure to negotiate more progressive additions.

Before the new budget was approved by the Arizona Legislature and signed into law, Democrat Secretary of State Adrian Fontes tweeted, “The present form of the budget proposal fails to fulfill the requirements we’ve conveyed to the Governor and the Legislature. This is because relying on one-time funds cannot address our urgent need for a larger number of SOS staff to boost IT security and offer technical support to the counties. As elections are critical infrastructure, the current budget proposal neglects the significance of maintaining the security and quality of our elections over time.”

After the budget was signed by Governor Hobbs, a Republican lawmaker alleged more discontentment from Fontes. Freshman Representative Austin Smith wrote, “During a House Elections Committee meeting this year @Adrian_Fontes came to testify for the ballot images bill to @electjacqparker, @realAlexKolodin, @azjustinheap, @RJ4arizonaand me. Fontes was storming through the State House yesterday cussing because he didn’t get what he wanted in the state budget for his left-wing pet projects. You CAN question ANYTHING in this country including elections. Only actual fascists and democracy frauds like Adrian Fontes hate it. Pound sand, @Adrian_Fontes.”

A few other individuals added some insight to this revelation by Smith, including Representative Jacqueline Parker, who stated: “Maybe if he stopped calling us fascists & working against us, & did his job better we would care about funding his department more… if I was in charge, A LOT more government agencies would have received much less funding. I thought he was treated too generously, considering…”

Representative Justin Heap said, “Uh oh. SofS Adrian Fontes is fuming about the Budget! He just discovered that the House Elections Committee made sure we stripped his control over millions of HAVA dollars he planned to use to “fortify” our elections. Tough break, Man. Seeya at the Joint Oversight Committee!”

Jen Wright, a former top attorney in Attorney General Mark Brnovich’s administration, tweeted, “Why would Sec. Fontes storm thru the AZ State House upset about the budget? Maybe because @realAlexKolodin & the @AZHouseGOP, & @AZSenateGOP refused to give him unfettered access to the MILLIONS in HAVA money that he had requested? #ElectionIntegrityHeroes #ThankALegislator”

Another freshman representative, Alexander Kolodin, responded to Wright’s post, saying, “Oh Gina Swaboda and I went through his budget MOST carefully. A little legislative oversight never hurt, right?”

Senator Wendy Rogers also chimed in to praise Kolodin for his contributions to the budget: “@repalexkolodin applies THE finest-toothed comb of anybody I know on planet earth… seriously. Picayune. Wonkish. But freakin’ sharp. I’m glad he’s on our side, is all I can say.”

Fontes’ issues with the budget follow the high-profile pushback from Democrat Attorney General Kris Mayes, which occurred before the budget was passed and signed into law. Mayes previously sent a letter to Hobbs and members of the Legislature, writing, “The Legislature and Governor need to go back to work and produce a budget that is in the best interest of all Arizonans. We need a budget that funds essential state services that protect the well-being and safety of all Arizonans. I will continue to fight, especially for our most vulnerable residents, as well as the dedicated, hard-working public servants in the Attorney General’s Office.”

Mayes also threatened legal action if the Legislature swept “the authority of the Attorney General to direct funds received through consent judgments against several pharmaceutical companies for their roles in the opioid crisis.” Republican Representative David Livingston fired back against those statements, tweeting, “Attorney General Mayes should learn the facts first, and accurately convey those facts in committee hearings, before making demands and threats to sue the Legislature and the Governor over the budget.”

Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.