Shaw Faces Tough Choice: TUSD Seat Up for Grabs if Tucson Council Win Occurs

In a significant political race, Sadie Shaw aims to unseat Tucson City Councilman Kevin Dahl in the forthcoming Aug. 5 primary election. Shaw, currently a member of the Tucson Unified School District (TUSD) Governing Board, expressed her hope to retain her position on the board if she wins the Ward 3 council seat. However, she acknowledged that she would resign if the City Charter mandates it.

This potential conflict emerged during a recent appointment process for a Ward 5 council position initially held by Richard Fimbres, who stepped down for health reasons. One applicant, Robert Jaramillo, who serves on the Sunnyside School District Governing Board, was advised by City Attorney Mike Rankin that accepting the council seat would require him to resign from the school board. In Arizona, these school board roles are unpaid and elected.

Rankin elaborated, stating, “Councilmembers are prohibited from serving in another public office or civil office.” He emphasized that this restriction applies regardless of whether the other role is compensated. Thus, a school board member stepping into a council position must vacate their existing role.

The City Charter explicitly forbids council members from holding another elected office, a more stringent requirement than Arizona state law, which permits officials to hold unpaid positions alongside some elected roles. This distinction allowed former Pima County Supervisor Adelita Grijalva to maintain her seat on the TUSD board while serving at the county level.

According to Chapter VII, Section 5 of the Charter, “No person holding any civil office of the City of Tucson… shall be eligible to the office of mayor or councilman.” It further states that accepting another civil office will vacate the existing council position.

Following Rankin’s guidance, Theresa Riel withdrew from the Ward 6 race last month, citing her commitment to the Pima Community College Governing Board. Shaw was taken aback by the implications of the Charter provision.

“In Arizona, it’s common for school board members to serve in other public capacities,” she remarked. Despite consulting legal experts who interpret the Charter differently, Shaw stated that if she ultimately must resign from TUSD, it would be to prioritize her potential impact as a council member. “I will fight for those who chose me, and if resignation is necessary, I’ll still advocate for TUSD in alternative ways,” she affirmed, emphasizing her commitment to serve the community.

The winner of the Democratic primary is set to confront Republican Janet “JL” Wittenbraker in the general election on Nov. 4.