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ACC Joint Appearance May Violate Open Meeting Laws

The ACC is tasked with the responsibility to protect AZ ratepayers by weighing the costs and benefits of all state utility requests.

The ACC is tasked with the responsibility to protect AZ ratepayers by weighing the costs and benefits of all state utility requests.

Sedona AZ (March 5, 2015) – The following is a letter to the SedonaEye.com editor:

Camelback Inn, Scottsdale, Becomes Crime Scene as ACC Commissioners Violate Open Meeting Law – Information & Perspective by Warren Woodward Sedona, Arizona

March 5, 2015

        The Arizona Corporation Commission (ACC) continues its wholesale violation of state statutes. This time it’s the Open Meeting Law.

Yesterday I went to the Arizona Energy Conference organized by the Arizona Competitive Power Alliance and held at the Camelback Inn in Scottsdale. Attending and speaking at the Conference were ACC commissioners Bob Burns and Doug Little, as well as ACC chairperson Susan Smith.

        At the ACC’s website, on the “Notice of Public Meetings” page, we find: “According to Open Meeting Law, when 3 or more Commissioners attend a meeting or event, the public must be notified.” ( http://www.azcc.gov/Divisions/Administration/Meetings/ )

ACC Commissioner Susan Bitter Smith

ACC Commissioner Susan Bitter Smith

        Yet public notification of the three commissioners’ attendance was never given.

          Since receiving an ad for the Conference last February 12th, I checked the ACC website periodically to see if the quorum of commissioners present at the Conference would be given proper public notice. It never was, not even up to the very day of the event, or on the day itself.

          I have enclosed a screenshot of the ACC’s “2015 Notice of Joint Appearances” page at the ACC website. It was taken this morning at 8:01 am. Note that the Conference is not listed.

ACC Commissioner Bob Burns

ACC Commissioner Bob Burns

But now check the Joint Appearances webpage, here: http://www.azcc.gov/Divisions/Administration/Meetings/Agendas/2015/2015NoticeOfJointAppearances.asp .

          You’ll notice that, in what looks like an attempt to cover up this Open Meeting Law violation, at some point today the Conference was added.

By the way, I had business in Phoenix today so I stopped by the ACC’s headquarters just after noon to check their public notice board. The meeting was not posted there at that time.

          ACC screenshotWith the recent and as yet unresolved ACC corruption scandal that involves former commissioners Gary Pierce and Brenda Burns, current commissioner Bob Stump and “Executive Director” Jodi Jerich, one would think that the ACC would be making more of an effort to be conscientious and law abiding in order to regain the public’s trust. One would be wrong.

          Lawlessness seems an innate characteristic of the ACC. In my appeal of the ACC’s “smart” meter decision of last December (here: http://images.edocket.azcc.gov/docketpdf/0000159183.pdf ), many examples of ACC lawlessness are given. Then last month came the aforementioned corruption scandal (which I had suspected for years). Now the ACC crime spree continues with this flagrant violation — complete with attempted cover-up — of Arizona’s Open Meeting Law.

Despite the fact that the Arizona Attorney General’s office has told me in the past that they do not represent me but instead represent the ACC, I am filing an Open Meeting Law complaint form with the A.G.’s office in hopes that they will represent neither me nor the ACC but instead represent the law they are supposed to enforce.

Warren Woodward
Sedona AZ

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  1. Tom says:

    Let’s see how many ACC lies the spin doctors can pull out of thin air.

  2. N. Baer says:

    March 4 – Whistleblower investigation news . . . Brnovich recuses himself, assigns two staffers to Corp Comm investigation (access required)

    By: Rachel Leingang March 4, 2015 , 3:57 pm

    Attorney General Mark Brnovich said Wednesday he assigned two seasoned staffers to investigate allegations against the Corporation Commission raised in a whistleblower letter, he said he will recuse himself from investigating the claims himself.

    Read more: http://azcapitoltimes.com/news/2015/03/04/brnovich-recuses-himself-assigns-two-staffers-to-corp-comm-investigation/#ixzz3TkWDOkaW

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