Forese Proposes Code of Ethics for Corp Comm

By: Rachel Leingang azcapitoltimes.com June 15, 2016 , 2:33 pm 

Arizona Corporation Commissioner Tom Forese wants the beleaguered commission to come up with a code of ethics after more than a year of consistent public scrutiny.

Forese announced Tuesday his plan to open a docket to create a commission code of ethics. The plan comes after a laundry list of scandals at the regulatory body.

The Federal Bureau of Investigation is investigating the 2014 election and recently interviewed former Corporation Commission Chairman Gary Pierce and requested information from the commission itself.

Forese’s move comes after the resignation of former commissioner Susan Bitter Smith, who left office after Attorney General Mark Brnovich filed a petition to remove her from office over her work as a lobbyist for the cable TV industry, which he said was a conflict of interest.

Commissioner Andy Tobin, who was appointed to Bitter Smith’s seat, also ran into , which has business before the commission. The Arizona Legislature changed conflict-of-interest laws this session to allow Tobin to vote on items related to SolarCity.

And there’s been a consistent cloud regarding dark money spending that helped get Forese and fellow commissioner Doug Little elected in 2014. Many speculate Arizona Public Service, the state’s largest electric utility, poured millions into the commission race to favor Little and Forese, though the utility has not confirmed or denied its involvement.

Commissioner Bob Burns has fought for months to get APS to disclose its election and charitable spending, though he has so far not been successful.

Forese also asked that the commission hold a workshop on the potential code of ethics.

“A few areas of focus should be campaign finance and propriety, conflicts of interest, commissioners registered as lobbyists, the use of travel funds, and the ability to censure a commissioner when necessary,” Forese wrote in a letter to the docket.

Forese noted the commission is “long overdue” for a code of ethics, and opening a public docket will allow the commission to hear from the “brightest legal minds” and the public about the conduct of commissioners.

“It is time for commissioners to put our house in order,” Forese said in a press release.

Little said he fully supports the plan to come up with a code of ethics. While there are already laws related to conflicts of interest and lobbying, the code of ethics would go beyond the statutory standards, the press release says.

Before opening the docket, Forese wanted to read a letter about creating a code of ethics at Tuesday’s open meeting, but before he launched into the letter, the commission’s legal counsel stopped him over open meeting law concerns.

Janice Alward, the head of the commission’s legal division, told Forese the item wasn’t on the agenda and would need to be posted publicly under the state’s open meeting law.

Forese said he still wanted to continue with his remarks. But Alward again noted that she opposed Forese’s discussion, and that the commission could be subject to litigation over open meeting violations if he continued to read his letter.

“It’s just wrong to go forward without having the public know you’re going to do it. … It’s not on the agenda, there’s no way anyone in the public would know that you’re going to be talking about this. It’s simply not appropriate,” Alward said.

Forese again said he wanted to continue, despite the risk. Alward said it wouldn’t just be Forese violating the open meeting law, it would be the whole commission.

Forese decided to hold off on his comments, though he wanted it “noted that our attorney held back comments on a creation of a code of ethics.”

Tom Chabin and Bill Mundell, Democratic candidates for the commission, said there are some basic ethical policies the commission could adopt that wouldn’t “take a rocket scientist, nor a lengthy taxpayer funded process.”

Commissioners and candidates shouldn’t be allowed to get campaign contributions from regulated utilities, nor should they or their relatives be allowed to work for any regulated entities, Mundell and Chabin said in a press release.

Regulators should have to disclose any communications with utilities, lobbyists or campaign operatives, the candidates say. Commissioners also shouldn’t be allowed to use commission funds to “rent luxury cars or stay in expensive hotels in violation of state law,” they said.

Attorney Tom Ryan, a frequent critic of the commission and other elected officials, said Forese seeking a code of ethics is a like the “fox guarding the henhouse.” Ryan also filed the initial complaint with Brnovich about Bitter Smith’s conflict of interest, eventually leading to her ouster.

Ryan noted that the commission did have a solid, longstanding conflict-of-interest statute that worked for decades, but that was gutted by the bill that allowed Tobin to vote on solar issues.

“My question for Mr. Forese: Where were you at the state Legislature when they were pushing the amendment through to gut (conflict of interest statutes)? Why didn’t you, Mr. Forese, speak up, when Mr. Tobin was pushing this?” Ryan said.

But now, after the fact, Forese is claiming an interest in ethical guidelines, Ryan said.

“He’s a little late to the dinner party, I’m afraid,” Ryan said.

Ryan said the real proof will be in whatever the commission actually includes in a code of ethics.

“Color me highly suspicious of Mr. Forese and his newfound desire to have ethical standards,” he said.