Maricopa County Board Of Supervisors Sends Draft Agreement To County Recorder

Maricopa County Board Of Supervisors Sends Draft Agreement To County Recorder

By Matthew Holloway |

Maricopa County Supervisor Mark Stewart is hoping the latest Shared Services Agreement (SSA) approved unanimously this week by the Maricopa County Board of Supervisors wins approval by Maricopa County Recorder Justin Heap.

In a statement, Stewart wrote, “Yesterday, the Board of Supervisors voted unanimously to send a new draft of the Shared Services Agreement (SSA) concerning election responsibilities to Maricopa County Recorder, Justin Heap. This updated draft incorporates feedback from the Recorder’s Office. To be clear, this is not the final version of the SSA. The Recorder will now have the opportunity to review the document, propose additional revisions, and return it to the Board for further consideration.

He added, “Based on my discussions with Recorder Heap and members of the Board, we are 95% of the way towards finalizing the SSA. I am more optimistic about this process than at any point previously and am confident that we will reach a signed agreement in the near future.”

Board Chairman Thomas Galvin wrote in a statement Thursday, “For months, the Board and its staff have been negotiating details of a new SSA in good faith. It’s time the public knows the full story, and this latest agreement includes many concessions from our Board.”

In a statement released the same day, and later retracted, shared by several outlets, Heap wrote, “The Maricopa County Board of Supervisors presentation today was one side of an ongoing negotiation. Recorder Heap disagrees with some statements that were made; however, his focus remains on getting an elections agreement in place that best serves the voters of Maricopa County. The agreement put forth by the Board today represents the framework of a deal, but the devil is in the details, and those details still need to be ironed out. Recent delays in the negotiation stem from the Recorder’s need to secure more adequate counsel.

“With the appointment of former Arizona Supreme Court Justice Andrew Gould to assist in the negotiations, Recorder Heap anticipates and looks forward to a successful resolution and agreement in the near future.”

Under Arizona law, the responsibility for the management of elections falls between the County Boards of Supervisors and County Recorders. Ostensibly Shared Service Agreements delineate the responsibilities of each body to increase efficiency and prevent unnecessary spending.

Supervisor Debbie Lesko expressed herself as being “beyond frustrated,” with the process saying, “After the April 11th meeting between Recorder Heap and Supervisors Galvin and Brophy-McGee, Justin texted me saying the meeting ‘went very well, we seem to be in agreement on 95% and are only discussing minor details on how to effectively split the IT team.’ Our lawyer writes up the agreement based on the meeting and then, next thing I know, Justin fires his attorney and we seem to be back to square one.”

Supervisor Kate Brophy McGee laid the difficulties directly at the feat of the County Recorder saying, “Recorder Heap has not been a trustworthy partner in these negotiations. He doesn’t seem to know what he wants. He doesn’t seem to understand his statutory responsibilities. The only thing he seems to be really good at is threatening lawsuits. But there’s time for him to change. He can come back to the table and sign this agreement. I hope he does. Successful elections in Maricopa County depend on it.”

As of this report Recorder Heap has not released a revised statement, nor explained why the initial statement was taken down.

Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.

Maricopa County Asks AG Bondi To Drop Lawsuit, Consent Decrees Hindering Police

Maricopa County Asks AG Bondi To Drop Lawsuit, Consent Decrees Hindering Police

By Staff Reporter |

Maricopa County leadership is asking U.S. Attorney General Pam Bondi to drop a lawsuit against Phoenix police and limit consent decrees.

In a letter sent to Bondi on Tuesday, Maricopa County Board of Supervisors Chairman Thomas Galvin made the case to drop the ongoing Department of Justice (DOJ) lawsuit against the Phoenix Police Department and further restrict consent decree usage in order to improve law enforcement capabilities.

“My colleagues and I share a commitment to effective policing,” said Galvin. “Federal oversight is an affront to federalism.”

Galvin said the controls exercised by the judicial branch over policing in recent decades amounted to “an assault on federalism and a quiet tyranny” perpetrated by activists. The chairman reminded Bondi that no instances of racial profiling in traffic stops emerged in Maricopa County following the 2013 ruling in Ortega Melendres, et al. v. Arpaio, et al. In that case, the ACLU, ACLU of Arizona, Mexican American Legal Defense and Educational Fund, and law firm Covington & Burling sued on behalf of Latino residents alleging Maricopa County Sheriff’s Office committed racial profiling in traffic stops when inquiring after immigration status.

“Tragically, one of the largest obstacles to protecting our citizens is legal: judicial takeovers of law enforcement through consent decrees, court-appointed monitors, and judgments that mutate over time to prevent local governments from ever satisfying their requirements and regaining local control,” wrote Galvin. 

Galvin reported Maricopa County spent over $300 million on the consent decree and independent monitoring to comply with the 2013 federal court ruling. Galvin asked Bondi to restore limitations on consent decrees in order to lift the fiscal and administrative burdens on Maricopa County law enforcement. 

Galvin also asked Bondi to drop the lawsuit against the Phoenix Police Department (PPD). Last June, the Biden administration’s DOJ accused PPD and the city of Phoenix of committing civil rights violations: excessive force and unjustified deadly force; unlawful detainment, citations, and arrests of homeless individuals; unlawful disposal of homeless belongings; discrimination against Black, Hispanic, and Native American individuals; free speech punishments; and discrimination against mentally ill individuals. 

The DOJ’s accusations were a result of their investigation opened in August 2021. The DOJ sought to enter into a consent decree and independent monitoring, but the city refused.

“It simply sets the stage for a judgment that allows a federal judge to take over law enforcement in America’s fifth-largest city — exactly the nightmare that Maricopa County is living already,” wrote Galvin. “I am certain you will agree that our communities will only be safer and stronger if they were able to commit every resource to fighting the flow of drugs, violence, and human smuggling rather than chasing the whims of a federal judge.”

The county does have some support for an end to the lawsuit at the federal level. 

Last month, Congressman Abe Hamadeh submitted a similar request letter to FBI Director Kash Patel requesting a rescission of the DOJ’s “desperate witch hunt” report on PPD. 

“It is nothing more than an attempt to undercut valid police work, leaving my constituents — both officers and civilians — at risk,” wrote Hamadeh. “Despite the Biden DOJ’s baseless claims, our officers did everything right, voluntarily cooperating in good faith, opening their records, and participating in lengthy interviews. They were met with stonewalling, mischaracterized testimony, and a final report riddled with glaring inaccuracies.”

AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.

Arizona Leaders Convince EPA To Cease Penalizing States For Foreign Air Pollution

Arizona Leaders Convince EPA To Cease Penalizing States For Foreign Air Pollution

By Staff Reporter |

The Environmental Protection Agency (EPA) will no longer penalize Arizona and other states for foreign air pollution affecting state levels.

The EPA decision follows local and statewide efforts by Arizona’s elected and grassroots leaders in recent years to toss this regulation. 

Among those engaging with the EPA was the Arizona Free Enterprise Club (AFEC). The grassroots organization’s president, Scot Mussi, commended the EPA decision. 

“Due to this regulation from the Biden Administration, Arizona was being forced to adopt radical control measures, like banning gasoline-powered vehicles, which still would have left our state short of meeting the ozone standard,” said Mussi. “Yet again, the left’s environmental policies have proven to be disastrous and unworkable. For the good of our state and country, we must never repeat these mandates.”

EPA Administrator Lee Zeldin announced on Monday it would rescind the Guidance on the Preparation of Clean Air Act Section (CAA) 179B Demonstrations for Nonattainment Areas Affected by International Transport of Emissions. 

The EPA published a press release, also on Monday, detailing the changes to air pollution regulations. The rescinded guidance effectively penalized states for air pollution caused by other countries.

“This guidance made it unnecessarily difficult for states to demonstrate that foreign air pollution is harming Americans within their borders,” stated the EPA. “States should not be penalized for air pollution beyond their control, including pollution crossing international borders into the United States.”

In a statement, Zeldin said U.S. citizens shouldn’t be held responsible for other nations’ air pollution failures. 

“Americans should not be harmed by other countries that do not have the same environmental standards we have in the United States,” said Zeldin. “Not only are we eliminating cumbersome red tape that placed an excessive burden on states to prove emissions were from an international source, but we are also helping states across our nation prosper while ensuring they continue to provide clean air for their residents.” 

The EPA said it would work with state and local air agencies to secure regulatory relief under the rescinded guidance. 

The guidance emerged in December 2020 during the last month of the first Trump administration. The guidance was intended to assist state, local, and tribal air agencies with developing a demonstration on how a nonattainment area would be able to attain or would have attained relevant National Ambient Air Quality Standard if not for other countries’ air pollution.

Last month, the EPA agreed to reconsider its determination that the Northern Wasatch Front in Utah failed to attain the 2015 Ozone National Ambient Air Quality Standards.

This latest policy change aligns with the Trump administration’s designs for the EPA under Zeldin outlined in his Powering the Great American Comeback initiative. Zeldin declared in his announcement of the initiative that conservation was inherently a core principle of conservatism.  

This initiative announced in February proposes five new pillars of guidance for the EPA’s work over the first 100 days and throughout the next four years, all centered around American independence and dominance: securing clean air, land, and water for all Americans; restoring American energy dominance; permitting reform, cooperative federalism, and cross-agency partnership; making the U.S. the artificial intelligence capital of the world; and protecting and bringing back American auto jobs.

In a joint press release issued on Monday, Maricopa County Chairman Thomas Galvin and Supervisor Debbie Lesko said they made the case in a meeting last month with the EPA of the difficulty for states to prove certain air pollution impacts. The stance from current county leadership marks a departure from past leadership, which advanced measures to meet EPA compliance on ozone standards. 

“At that meeting, county leadership demonstrated how difficult it has been for states like Arizona to prove the impact of air pollution from international transport, and as a result, we risk more regulation,” said Galvin and Lesko. “As Administrator Zeldin said, today’s announcement is a step in the right direction for states looking to balance the need for clean air with the importance of economic development.”

Galvin and Lesko also thanked Senator Mark Kelly for providing assistance on the issue.

AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.

Democratic Senate Candidates For LD9 Answer On Misconduct, Antisemitism, Housing, Elections

Democratic Senate Candidates For LD9 Answer On Misconduct, Antisemitism, Housing, Elections

By Staff Reporter |

The three Democratic candidates for the recently vacated State Senate seat for District 9 answered a brief questionnaire on misconduct, antisemitism, housing, and elections.

Maricopa County Board of Supervisors Chairman Thomas Galvin submitted the questionnaire to the candidates and released their responses on Monday.

Below were the questions provided to the candidates:

1. In recent years, state legislators of both political parties have been accused, investigated, condemned, censured, or found guilty of the following acts while serving at the State Capitol: Sexually molesting a minor; Praising a white nationalist, Holocaust denier; Sexually harassing fellow legislators and staffers; Making threatening statements; Refusing to cooperate with an Ethics committee investigation over prior sex crime charges; Making a death threat against a city’s employee and misusing an elected position to prevent execution of a legal court order in a private custodial matter; Sexually harassing a lobbyist by sending explicit photos and text messages, and propositions for sexual encounters. The list above is not exhaustive. How can you assure the Board of Supervisors that, if appointed, you will not engage in disorderly behavior but will conduct yourself in a manner consistent with a proper code of ethics?

2. If you have served in elected office before, please detail any ethical or disciplinary actions related to your term in office. Please provide context on the events that led to those actions and what the outcome was regarding those proceedings.

3. Since the October 7th, 2023, Hamas attacks, there continues to be a dramatic increase in anti-Semitism, around the world and in Arizona. The disturbing rise of anti-Semitism can be found in all segments of society, on both ends of the political spectrum. These attacks are waged on the internet or are further acts of physical violence. Many Jews in Arizona are fearful, including college students who have been subject to abuse and vitriol. What will you do to combat and condemn anti Semitism in our community?

4. The housing crisis is an important issue in Arizona, and in LD 9. There have been recent attempts at the legislature to overhaul zoning laws. What reforms do you think the legislature can get passed to address the housing issue?

5. Maricopa County, like all 15 counties, is responsible for carrying out the administration of elections. In recent cycles, election volunteers were under considerable pressure because of state election laws that drag out ballot processing and tabulating for up to two weeks after election day. Reform is sorely needed. What reforms do you think are essential to speed up the tabulation of votes by election night?

The candidates’ answers can be found here: Laura Metcalfe, Kiana Sears, and Ryan Winkle.

Metcalfe lost the Maricopa County Superintendent’s race last year, and sits on the East Valley Institute of Technology District’s board. Metcalfe has earned endorsements from the pro-abortion organization Arizona List, gun control group Moms Demand Action, and Save Our Schools Arizona.

Sears lost last year’s race for Maricopa County Justice Court’s North Mesa Precinct judgeship, and previously lost a race for the Arizona Corporation Commission. In last year’s race, Sears campaigned on key progressive initiatives on abortion, LGBTQ+, climate change, and diversity, equity, and inclusion. Sears served on the Mesa Public Schools Governing Board and presided over the East Valley NAACP. Sears is the assistant director of Arizona State University’s Faith Based Outreach and Community Partnerships. Sears also earned an Arizona List endorsement. 

Winkle lost last year’s mayoral race for the city of Mesa. Previously, Winkle served briefly on the Mesa City Council; he was voted off the council in 2017 following a DUI — his second in a decade. Winkle is the part-time executive director of the Arizona Fair Housing Center and runs the search engine optimization company, Max Search Visibility Pro. Contrary to his questionnaire answers on anti-Semitism, Winkle advocates for a “Free Palestine.”

AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.

Maricopa County Officials Conflicted Over Election Powers

Maricopa County Officials Conflicted Over Election Powers

By Staff Reporter |

The Maricopa County Board of Supervisors and Recorder are at an apparent impasse in resolving the ongoing conflict over the recorder’s election powers.

Historically, Maricopa County officials interpreted state law governing election functions at the county level to authorize the recorder with full responsibility over elections through a Shared Services Agreement (SSA). Changes made in recent years, especially those made last year, are the source of serious conflict between Recorder Justin Heap and the board of supervisors.

For over 30 years, county supervisors and the recorder abided by an SSA which granted the recorder all election responsibilities. In 2019, the board and former recorder (now secretary of state) Adrian Fontes lessened the recorder’s responsibilities by having the recorder’s office handle early voting while the board managed in-person voting and tabulation. 

Then, last October, the outgoing recorder Stephen Richer and board supervisors entered a new SSA. In a press release on Monday, Heap claimed that the new SSA further reduced the election-related responsibilities of the recorder’s office to signature verification only and reassigned a significant portion of the recorder’s budgeting and staffing to the board.

Heap announced that he submitted a letter to the supervisors claiming the new SSA was “not binding or enforceable,” referencing a consultation with the county attorney’s office. 

Heap characterized the ongoing negotiations over the SSA as a “battle” beset by “rising public outrage” and “misinformation” in his press release.

“Stephen Richer’s parting gift to the voters of Maricopa County, after suffering an embarrassing primary election defeat, was a punitive backroom agreement with the lame-duck Board majority designed to hamstring the office of the Recorder,” said Heap. “For weeks, since before being sworn into office, I’ve sought reasonable, common-sense solutions with my fellow Republicans on the Board, only to be ignored. Maricopa County elections need a practical, workable SSA to ensure efficient, accurate elections; however, the Supervisors’ refusal to engage in honest dialogue risks a crisis in our upcoming elections.”

Heap requested the board revert election-related authorities under provisions similar to those outlined in the 2021 SSA, and restore his authority over early voting. Heap threatened legal action if his demands weren’t met.

In response to Heap’s press release, the county posted a slightly different breakdown of election responsibilities between Heap’s office and the supervisors that evening. 

In the board of supervisor’s version of the SSA breakdown, recorder responsibilities consist of maintaining the voter registration database, preparing ballots and envelopes for voters, mailing early ballots to voters, receiving early ballots sent by USPS, managing in-bound envelope scanning, overseeing signature verification and curing of questionable signatures, sending and receiving UOCAVA ballots, administering Special Election Boards, and researching and curing all provisional ballots.

Supervisor election-related duties consist of managing candidate services and ballot-building; coordinating in-person voting for early, emergency, and Election Day voting; picking up ballots from early voting sites and drop boxes and providing to the recorder for in-bound envelope scanning; hiring and training election workers at the tabulation center and poll workers to support in-person voting; approving and managing operations of vote centers for early, emergency, and Election Day voting; processing ballots (removal of ballots from affidavit envelopes); tabulating all ballots (provisional, early, Election Day); canvassing of election results; and conducting recounts as ordered by statute. 

Board of Supervisors Chairman Thomas Galvin also issued a statement describing Heap’s account of recorder responsibilities and ongoing negotiations with the board as factually inaccurate.

“Conversations between the Board and its staff, and the Recorder and his staff, have been happening for weeks. Despite the factual errors in Recorder Heap’s statement, I don’t view this as a ‘battle,’” said Galvin. “Shared service agreements in Maricopa County are frequently renegotiated, each time in consultation with our attorneys to ensure compliance with state law.

My colleagues and I happily look forward to further and continued dialogue to ensure a new SSA aligns with Arizona law and best practices in election administration.”

AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.