Arizona Corporation Commission building in downtown Phoenix.
The four Republican members of the Arizona Corporation Commission (ACC) voted unanimously on Nov. 15, to investigate Democratic Commissioner Anna Tovar, over alleged ethics and statutory violations.
Tovar and her office staff are accused of violating the ACC’s code of ethics, code of conduct, and Arizona statutes regarding interference in and disclosure of confidential personnel-related information.
She is the sole Democratic commissioner and calls the investigation, "a character assassination masquerading as a sham investigation."
"We got word that there was going to be an emergency meeting from the Chairman's office...there was details that followed in saying that it was about a commissioner breaking open meeting law and there's going to be an executive session," Tovar said. "I never received the complaint at all, the actual meeting itself was scheduled before any complaint was filed."
Tovar emphasized that she did not violate any open meeting law.
"What I did is write a letter and I explained why I had to vote no in regards to a raise for an executive director and those were all comments that I made, explaining my vote and those were all factual and public information," Tovar said.
The allegations from the Commission also include claims that Tovar or her staff have harassed ACC employees.
The Commission’s Office of General Counsel has launched an expedited 10-day investigation into the matter.
"Zero due process for me, a 10-day investigation that I don't even know what they're investigating about," Tovar said. "It's really odd in regards to how this has all happened at a relatively super fast pace."
At the start of Friday's meeting, O’Connor voiced disappointment over Tovar’s absence, stating that she had previously indicated her availability but "lacked the courtesy to show up."
However, Tovar said she submitted a letter to the docket and general counsel explaining why she was unable to attend ahead of the meeting.
"I felt that I could not attend because of how things played out in a number one, in a capacity that is unlike any other type of complaint that would be lodged against a commissioner," Tovar said. "As well as two, to actually formalize an actual meeting of this urgency about me, without even having a complaint at hand or having not even received a complaint of what these allegations they're accusing me of."
Tovar argues that proper protocol was not taken due to the fact that there was a meeting scheduled before there was a complaint filed.
Tovar has since received a formal complaint.
"I'll note as well too, that there are other complaints that are still out there that have gone untouched or unnoticed in many as multiple months or maybe there's even one as over a year in regards to nothing has happened to that, but again, I'm the sole Democrat at the Commission and I've prided myself in my tenure at the Commission to bringing transparency to the Commission itself and that includes with our ethics disclosures," Tovar said.
ACC Chairman Jim O’Connor stated the investigation would also cover claims of harassment dating back to last year, involving JP Martin– the Commission’s former Public Information Officer who left in 2023.
Tovar said that she was not able to comment on that matter and that she did not have participation in any of that.
"Any accusations that the Chairman made are absolutely false," Tovar said.
A report detailing the investigation’s findings will be made public upon its completion.
Commissioner Kevin Thompson explained his vote, stating, “I think we’re all guilty of sometimes of projecting our own personal beliefs and our own motivations and biases on others, but if you’re constantly looking at everything through a political lens or view the world around you negatively I think your actions and judgements can reflect your misperceptions and impact your actions.”
While Thompson clarified he does not necessarily believe this applies to the allegations against Tovar, he said he has experienced first hand what can happen when the ACC code of ethics is weaponized for political purposes.
“I think when employees are publicly attacked without them being afforded due process, it’s not something that we should tolerate as leaders of this organization,” Thompson said.
Tovar’s term ends in January--earlier this year she announced she would not seek re-election.
Tovar said that she has hired legal representation to help navigate this process.
"I myself am ready to get back to the people's business at the Commission and making sure that their hard-paying tax dollars are being used wisely and that I'm here to advocate for our consumers all across Arizona," Tovar said.
By submitting your comments, you hereby give AZPM the right to post your comments and potentially use them in any other form of media operated by this institution.