Just days after a powerful Arizona government watchdog group threatened possible legal action, the City of Phoenix repealed a controversial ordinance that had passed the previous month.
On Wednesday, the Phoenix City Council voted to repeal the prevailing wage ordinance, 6-3, after a change of two councilmembers. Councilmembers Kesha Hodge Washington, Jim Waring, Ann O’Brien, Kevin Robinson, Debra Stark, and Mayor Kate Gallego voted for the repeal; while Councilmembers Yassamin Ansari, Laura Pastor, and Betty Guardado voted to maintain the ordinance.
After the vote, Mayor Gallego took to Twitter to explain her decision, writing, “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. 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.
The Goldwater Institute, which had sent a letter to the Council earlier in the month, championed the news out of Phoenix. John Thorpe, a staff attorney with Goldwater, stated, “Yesterday’s repeal is good news for businesses, their employees, and all taxpayers – and it’s a reminder that Goldwater will never stop fighting to hold government accountable and to defend Americans’ economic freedom from burdensome, counterproductive regulations.”
It's a VICTORY for small businesses, minorities, younger workers, and taxpayers! 🎉
The Phoenix City Council repealed its illegal “prevailing wage” ordinance—a mandate that restricts small businesses and imposes burdensome requirements: https://t.co/47D3oNbsI8
Thorpe wrote that the ‘Prevailing Wage Ordinance for City Projects’ law, “introduced on short notice with almost no chance for public scrutiny from anyone it would impact, required businesses that contract with the city for construction projects costing more than $250,000 to follow a slew of new requirements: they would have had to provide their employees with wages and benefits based on complicated formulas produced by the federal government, keep painstaking records, and comply with a host of other rules and regulations. Worse still, all these regulations came with the risk of heavy fines and potentially crippling lawsuits, even for minor infractions.”
On March 21, three Phoenix City Councilmembers – Carlos Garcia, Betty Guardado, and Laura Pastor, sent a letter to City Manager Jeff Barton, requesting a Special Meeting the following day to consider the Prevailing Wage Ordinance for City Projects. The three councilmembers wrote, “We believe it is time for leadership to address the lack of skilled construction workers needed to fill the rising demand for labor in Phoenix. We know that areas of the country with prevailing wages for city projects have a greater supply of apprentices and pathways for young people to find and join a skilled trade. A prevailing wage ordinance for city projects will ensure that our development growth is matched with the skilled labor we urgently need when we invest in the growth of our communities.”
The next day, the Ordinance was approved by a vote of 5-4. Councilmembers Garcia, Guardado, Pastor, Sal DiCiccio, and Yassamin Ansari voted in favor of the Ordinance. Garcia and DiCiccio have since left the Phoenix City Council, being replaced by Kevin Robinson and Kesha Hodge Washington.
On April 13, the Goldwater Institute, representing the Arizona Builders Alliance and the Associated Minority Contractors of Arizona, sent a letter to the Phoenix City Council to “express serious concerns” about the Ordinance passed on March 22. Thorpe, writing again for Goldwater, informed the City 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.” Thorpe outlined that “when the Legislature enacts a law on a matter of statewide concern, that law pre-empts and overrides any conflicting municipal provision. In this instance, voter-approved state law dating back to 1984 expressly provides that ‘prevailing wage’ requirements for public works contractors are a matter of statewide concern and may not be imposed by municipalities.”
Thorpe also found “it troubling that this ordinance was enacted after providing the public barely twenty-four hours’ notice and without any meaningful input from the many stakeholders it will affect.” He also pointed out that “the final version (of the ordinance) enacted by the Council has not yet been made publicly available,” which he questioned the existence of “any legal authority the City possesses to withhold a duly enacted ordinance from public inspection.”
Democrat Senator Catherine Miranda also waded into the discussion on the City of Phoenix’s action in March, submitting a 1487 request to Arizona Attorney General Kris Mayes on April 17, to “clarify the apparent conflict between two statutes and consequently determine whether Phoenix has the authority to enact prevailing wage at the municipal level.”
Before the new coalition voted to repeal the Prevailing Wage Ordinance, another Democrat Senator, Anna Hernandez, voiced her disapproval with Mayor Gallego’s pending action, tweeting, “(Mayor Gallego) is once again turning her back on our union brothers and sisters.” Hernandez also shared an excerpt from a questionnaire that Gallego filled out during her mayoral run, where she wrote, “At the end of the day, prevailing wage laws are good for working families in the city of Phoenix and I will do what I can to support the enforcement of federal prevailing wage law, and advocate for a reintroduction of Arizona’s state or city prevailing wage law.”
As expected, the agenda for today’s Phx City Council mtg added on the Repeal to Prevailing Wage. @MayorGallego opposes this ordinance and has now ensured that it will be repealed with her new council.
Phoenix City Council declared Indigenous Peoples’ Day an official city holiday, replacing the traditional Columbus Day commemoration.
The holiday, which will take place annually on the second Monday in October, was approved by the council during Wednesday’s meeting.
“Phoenix is proud to recognize the roots on which our city was founded,” stated Mayor Kate Gallego.
Yesterday, the City Council voted to make Indigenous Peoples' Day an official city holiday! Phoenix is proud to recognize the roots on which our city was founded.
The city’s resolution falls in line with the recent precedent set by President Joe Biden. The president first declared the replacement of Columbus Day with Indigenous Peoples’ Day in 2021.
Biden’s resolution followed up on a memorandum honoring Native Americans that he issued within the first week of his inauguration. The 2021 resolution declared that Indigenous communities had contributed greatly to American history and culture, and had been disproportionately impacted by the COVID-19 pandemic. Biden’s resolution also commended Native Americans for having some of the highest rates of COVID-19 vaccinations.
“History demonstrates that Native American people — and our Nation as a whole — are best served when Tribal governments are empowered to lead their communities and when Federal officials listen to and work together with Tribal leaders when formulating Federal policy that affects Tribal nations,” wrote Biden. “The Federal Government has a solemn obligation to lift up and invest in the future of Indigenous people and empower Tribal Nations to govern their own communities and make their own decisions.”
Biden’s presidential proclamation exists without holiday privileges like bank closures, however. Only a congressional act could establish Columbus Day as an official federal holiday.
Former President Franklin D. Roosevelt announced Columbus Day a national holiday in 1937 to commemorate Italian explorer Christopher Columbus’ landing in the Americas on October 12, 1492, attributed as the discovery of the “New World,” as the Americas were then known.
Christopher Columbus garnered controversy in recent decades for enslaving some of the Native Americans he encountered, as well as the perspective that he encroached and overtook land that wasn’t rightfully his. Efforts to replace Columbus Day with Indigenous Peoples’ Day trace back to post-Sexual Revolution movements. In 1977, a United Nations-sponsored conference combating discrimination against Native Americans discussed replacing the holiday.
It wasn’t until the 1990s that cities and states began to recognize Indigenous Peoples’ Day over Columbus Day.
While former Gov. Doug Ducey signed a proclamation in 2020 announcing Columbus Day as Indigenous Peoples’ Day, Phoenix is the first Arizona city to celebrate Indigenous Peoples’ Day. However, Ducey didn’t renew the proclamation by signing another in 2021 or last year.
I’m beyond excited that Gov. Doug Ducey has signed a proclamation declaring October 12th as #IndigenousPeoplesDay in Arizona! I fully support this at the local, state, and federal level, and I’m happy to share we will also recognize Indigenous People’s Day in #Tempe this year! pic.twitter.com/OtCpUrs10B
Some local leaders across the state, such as Pima County Recorder Gabriella Cázares-Kelly, have wished to see greater local support for the holiday. The recorder toldKOLD in 2021 that only her husband, who isn’t Native American, was able to take the day off.
“They had school, I had work, the only person in our household who had today off for Indigenous Peoples’ Day, is my husband, who is not Indigenous,” said Cázares-Kelly.
My husband has Indigenous Peoples' Day off. I'll be working and our kids have class. Our kid,"Wait…So the only non-Indigenous person in this household has Indigenous Peoples' Day off?!" Lol Smh. Next year, I'm taking it off. #IndigenousPeoplesDay#NotAFederalHolidayYet
City of Phoenix officials expressed interest in an idea for establishing $4,500 water fountains at each bus stop and public park. There are 4,038 bus stops within city boundaries according to city data, meaning the low estimated cost for such a project would amount to nearly $18.2 million.
The water fountains would be made with a polycarbonate shell, the same material used for bulletproof glass, and thermoelectric plates to serve as a water coolant system.
Each fountain would come with a motion sensor-activated dispenser sanitized by UV light; a ring of misters around the canopy, with a filter and pump; sprinklers activated by a security camera to reduce vandalism; motion-activated light for nighttime; solar panels; run-off water drains; a concrete bench; an inverter with a battery and condenser; a cold water tank; and a local artist mosaic installation.
The idea was accepted by the Phoenix Office of Innovation during a public challenge hosted earlier this month. 27 participants were divided into five teams to come up with a plan for providing chilled drinking water in public places.
As thanks for the idea, the city awarded the winning group $700 each — $3,500 total. The city also gave the second-place team a total of $1,500.
The first public challenge from @PHXInnovate brought in bright new ideas to deliver free, cool water to residents. Thank you to everyone who participated! https://t.co/esbhQCNJ1f
Chief Innovation Officer Michael Hammett said that the contest outcomes didn’t mean the city would definitely employ the winning idea, but didn’t dismiss the possibility outright.
One aspect that appeared to be missing from the city’s conversation on establishing more public water fountains was the water usage and potential waste. Arizona is experiencing a water crisis currently. One of the state’s primary water supplies, the Colorado River, sits in a Tier One drought status. The Department of the Interior cut back Arizona’s water usage further for this year.
As part of conservation efforts, the city of Phoenix is considering cuts to residents’ water allowance.
As one of only two mayors in the U.S. delegation at the @UN Water Conference this week, I've been proud to share the innovative work we’ve been doing in Phoenix to conserve and secure our water supply. pic.twitter.com/EHiyZ3ZHXo
The city has also looked to alternative water resources to combat water usage limitations; the city finished installation of the Drought Pipeline Project in December.
Today we celebrated the final pipe installation in the Drought Pipeline Project! This project bolsters water security for our North Phoenix residents by reducing dependence on Colorado River supplies. Read more about the project here: https://t.co/NmS1LfuInlpic.twitter.com/Vh9YjjJie1
Gallego and the city council are also planning the development of a water purification plant to recycle around 60 billion gallons of water a day. Arizona residents use an average of 146 gallons of water per day, per the Arizona Department of Water Resources.
Securing our water supply is going to take a team effort. That’s why I’m grateful to have local and federal partners including those I joined today to announce how resources are being put to use to improve infrastructure and conserve water. pic.twitter.com/sHDsyQW9JQ
At the state level, Arizona’s legislative leadership formed the Joint Legislative Study Committee on Water Security last week. The goal of the committee is to come up with more solutions on improving the state’s water security.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
Phoenix Mayor Kate Gallego is urging the Biden administration to declare Arizona’s heat a federal emergency in an effort to unlock more federal funding and resources.
Gallego disclosed this effort during her city of the state address on Wednesday, “The Future of Phoenix.” Gallego called on the Federal Emergency Management Agency (FEMA) to include “extreme heat” into its national emergency declarations categorization, which would qualify Arizona summers as a disaster.
“We need to meet the moment to support our most vulnerable. We need national action,” said Gallego. “I’m calling on FEMA to revise their declared disasters list to include extreme heat. Resources from pop-up shelters, to additional outreach to our vulnerable residents could help us successfully navigate unforgiving summers.”
If Phoenix is successful in its petition, federal assistance would likely come through something like a funding pathway established by the Disaster Recovery Reform Act of 2018. That measure allowed six percent of federal disaster grants’ annual aggregate amount to go to pre-disaster hazard mitigation.
Phoenix has already rolled out projects designed to mitigate heat-related illnesses and deaths, such as “cool corridors,” areas with manufactured shade and drinking water access,” and “cool pavement,” which reflects rather than absorbs sunlight to keep the ground and air cool.
Gallego also urged state lawmakers to support Proposition 400, a county regional transportation tax to expand infrastructure. Gallego also urged voter approval of a general obligation bond: $500 million for public developments like parks and fire stations. Gallego said that the bond funding would allow the establishment of semiconductor and medical device development centers.
Gallego explained that the city’s main focuses included water conservation and restoration; federal funding to support infrastructure development, specifically public transit expansion; and investment into semiconductor facilities.
Gallego insisted that the city was handling the homeless crisis well, despite what the Maricopa County Superior Court said in a preliminary injunction handed down last month.
The mayor insisted that homelessness isn’t unique to Phoenix, but that Phoenix is unique in that it has a better approach for managing its homeless. Gallego talked at length about the city’s affordable housing initiatives, a focal point of their “housing first” approach that, in part, earned them the unfavorable court ruling last month.
“Homelessness is not unique to Phoenix,” said Gallego. “What is unique to Phoenix is that our city is putting every solution on the table to lift people out of homelessness.”
Gallego said it was her desire to create a city where her son would choose to live as an adult.
“Raising a six-year-old and running a city have more in common than you might expect,” said Gallego.
Welcome to #PHXSOTC23! Today’s theme is the #FutureIsPHX…because it’s true! During my speech, I’ll share updates on climate action, housing, and how we are embracing technology to make progress. Follow along!
Common themes of Gallego’s address were sustainability and equity efforts.
Gallego said that Phoenix surpassed its “zero waste” goal when it hosted the Super Bowl earlier this year. Gallego highlighted technology advancements in travel, such as Apple Watch check-ins at Phoenix Sky Harbor airport and driverless electric cars roaming the downtown.
Gallego highlighted the city’s free tuition program, “Route to Relief,” similar to what later launched last September — both using American Rescue Plan Act (ARPA) funding.
Gallego said that they would develop 50,000 affordable housing units, noting that they’ve already built or preserved 26,000 units. The mayor cited “critical, systemic inequities” as the root of housing issues. The city has also established a community land trust program with NewTown.
The mayor also cited their “eco-friendly” shipping containers turned into affordable housing. The city will also establish a housing complex of shipping container housing units. Gallego said that the city plans to issue 7,000 housing vouchers and managing over 5,000 housing units.
Phoenix also invested $10 million into mental health treatment for the underinsured and uninsured. In the first seven months of a newly launched pilot, behavioral health engagement teams to address the opioid crisis contacted 200 individuals and connected 57 individuals.
Gallego then said that stronger law enforcement and progressive ideals weren’t mutually exclusive.
“To those who say it is not possible: we can and will be both progressive and practical on policing,” said Gallego.
Phoenix Mayor Kate Gallego: "It's possible to be both progressive and practical on policing." pic.twitter.com/2wECwoEbdG
A Christian university’s case against a Phoenix school district over alleged religious discrimination got a hearing on Tuesday.
Alliance Defending Freedom (ADF), who filed the lawsuit on behalf of Arizona Christian University (ACU) against the Washington Elementary School District (WESD), spoke with AZ Free News after the hearing on a motion for a preliminary injunction in the Arizona District Court.
ADF lawyer Jake Reed said they felt confident in their legal arguments and that the judge that heard the case, Steven Logan, was well-versed on the arguments ahead of Tuesday’s hearings. Reed said they’re hoping for a ruling within the next few weeks, considering ACU needs to place their student teachers for the upcoming year by the end of this semester.
“This is a pretty simple case about religious discrimination,” said Reed. “A public body is telling a university they can’t place their teachers because of their religious faith.”
WESD terminated its contract with ACU in February. Its governing board members cited ACU’s Christianity as a principal factor for their decision. Leading on the effort was board member Tamillia Valenzuela, who said that ACU’s Biblical perspective that traditional sexual morality and the standard of marriage between one man and one woman directly opposed her and other LGBTQ+ community members. Valenzuela received support from fellow board members Kyle Clayton and Nikki Gomez-Whaley.
“[W]hen I went and looked into not only [ACU’s] core values but then the statement of faith that they ask their students to sign and live by, what gave me pause was it’s not just teaching but it’s teaching as they say with a Biblical lens, with a proselytizing is embedded into how they teach, and you know, I just don’t believe that belongs in schools,” said Clayton. “I would never want, you know, my son to talk about his two dads and be shamed by a teacher who believed a certain way and is at a school that demands that they, you know, teach through [a] Biblical lens.”
Gomez-Whaley said she would be open to those who claimed to be Christians who were accepting of LGBTQ+ lifestyles.
“[E]ven though [ACU] may not do anything illegal where they are preaching or using Bible verses, I do believe that we owe it to especially all of our students when we’re working in equity but especially our LGBTQ students and staff who are under fire who are not protected, and who we have already pledged to support,” said Gomez-Whaley. “We cannot continue to align ourselves with organizations that starkly contrast our values and say that we legitimately care about diversity, equity, and inclusion and that we legitimately care about all of our families.”
Reed shared that in the 11 years of WESD and ACU’s relationship, there were well over 100 students placed as either student teachers or in teacher shadowing positions. Of those students, 17 went on to be hired by WESD.
When asked whether WESD could attempt religious discrimination in future contracting decisions under the guise of other reasons, Reed said that those incidents, if they were to occur, would have to be scrutinized.
“The government can’t treat certain people worse than everyone else. Students shouldn’t be denied opportunities because of their religious beliefs,” said Reed. “The government can’t pick and choose what beliefs they allow.”
WESD proposed to settle by extending a separate agreement with ACU for one more year — but not the agreement at issue.
Ahead of the hearing the judge denied an amicus brief filed last week by The Goldwater Institute, a public policy research and litigation organization. Logan stated in his order that the WESD didn’t consent to the brief and that the Goldwater Institute didn’t present relevant matters that hadn’t already or couldn’t be brought to the court by either party.
“The parties’ briefing on Plaintiff’s Motion for Preliminary Injunction is complete, thorough, and more than sufficient for this Court to make a ruling,” wrote Logan.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
