Democrat Rallies Against Open-Meetings and Ethics Violation Allegations

Arizona’s Corporation Commissioner Anna Tovar has retained legal counsel in light of allegations made by her Republican colleagues, who claim she breached state laws governing executive sessions and ethics protocols. Tovar has vehemently denied any misconduct.

The inquiry into Tovar was initiated by four Republican commissioners during a meeting she did not attend on November 22. This scrutiny follows Tovar’s November 15 letter disputing a recent vote that granted a $20,000 bonus to Executive Director Doug Clark.

The Republican commissioners assert that Tovar’s letter improperly disclosed confidential details, thereby violating executive-session rules and several elements of the commission’s Code of Ethics. They have tasked the commission’s general counsel, Tom Van Flein, with investigating the matter and reporting back within ten days.

As Tovar prepares to conclude her term in January, she faces accusations concerning ethical breaches related to conduct during meetings, decorum, harassment, and the misuse of political influence. She condemned the investigation as a “political witch hunt.”

“I have done absolutely nothing wrong except trying to advocate for consumers all across Arizona,” Tovar stated, emphasizing her commitment to her integrity. She has sought external legal representation for guidance on the issue.

The situation escalated after Tovar expressed her objections to Clark’s bonus, arguing that performance metrics or evaluations were not conducted to warrant such compensation. Collateral issues—including staff turnover and a discrimination lawsuit—were noted by Tovar as ongoing problems during Clark’s tenure.

“While I don’t necessarily solely fault Mr. Clark for these issues, this is why I do not think he is deserving of a bonus,” Tovar mentioned in her earlier correspondence.

Tovar maintains that her letter contained only publicly accessible information and was reflective of her comments following an executive session concluded on November 6. Legal expert Danny Adelman emphasized that, without access to the executive session’s records, the legality of Tovar’s actions remains difficult to assess.

“There are actually criminal statutes that talk about if you’ve intentionally or recklessly violated open meeting law,” Adelman noted, underscoring the potential seriousness of the allegations if substantiated.

During the inquiry meeting, Chairman Jim O’Connor labeled the situation as “disappointing” and also initiated an investigation into possible harassment claims made against Tovar since 2023. However, specifics on these allegations were not disclosed.

Tovar refuted the harassment allegations, asserting they are completely unfounded. “It is absolutely false and I take great offense to it,” she reiterated.

Tovar criticized the process that the commission has employed, arguing it deviates from standard procedures for addressing ethical complaints. Despite her advocacy for a clearer ethics complaint framework, minimal changes have been enacted.

She expressed confusion over the expedited nature of the investigation, highlighting the contrast with other unresolved complaints that have lingered for over a year. “Why am I treated differently on this?” Tovar questioned, drawing attention to the disparity in procedural responses.

As the investigation unfolds, Tovar remains awaiting details of the complaint against her and contends that the commission’s handling may undermine fairness and transparency within its processes.