Arizona Attorney General Mark Brnovich is asking the state Supreme Court to remove one of Arizona’s top regulators from office for allegedly violating a state conflict of interest law.
The announcement about Corporation Commission Chair Susan Bitter Smith came Monday.
Brnovich says the case against Bitter Smith is clear cut. Her lobbying ties to the telecommunications industry make her ineligible for office, which she was elected to in November 2012. He wants the Arizona Supreme Court to order her removed.
The commission regulates telephone services provided by companies like Cox Communications, which have affiliates that belong to a cable industry trade group run by Bitter Smith.
“We think the facts are not in dispute and we think the law is clearly on our side and that’s why we are moving forward in this manner,” Brnovich said.
KJZZ first reported the possible conflict in August after Checks and Balances Project, a watchdog group, initially raised questions.
A local attorney filed a complaint with the Attorney General.
The action is based on state law which says that members of the commission cannot have an "official relation" with any entity regulated by the panel. And Brnovich said Bitter Smith is a lobbyist for two affiliates of Cox Communications.
Bitter Smith maintains she has no conflict because the federal government, and not the state Corporation Commission, regulates cable and internet.
But Brnovich said the company offers bundled service which includes telephone service which the commission does regulate.
A statement from Bitter Smith suggests the complaint against her is politically motivated and the case raises an important policy question about the scope of the state’s conflict of interest rule.
Brnovich also cites Bitter Smith's role and $150,000 salary as executive director of the Southwest Cable Communications Association, an organization that also includes companies that offer phone service regulated by the commission. He said that violates another section of law which prohibits regulators from having a "pecuniary interest" in regulated companies.
The attorney general said the legal problems would not be solved if Bitter Smith gave up all of the conflicts. Brnovich said the law prohibited her from even running for office in 2012 while she had the positions, effectively making her election illegal.
If the high court agrees, Gov. Doug Ducey would appoint a replacement to serve out the balance of her term which ends at the end of 2016.
KJZZ has continued to report on Bitter Smith and possible violations of conflict-of-interest laws.
Howard Fischer of Capitol Media Services contributed to this report.
Updated 11/30/2015 at 1:42 p.m.
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- Arizona Corporation Commissioner Bitter Smith And The Debate Over Telecom
- Bitter Smith: Conflict Allegations An 'Intimidation Strategy'
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- Attorney Files Complaint Against Arizona Corporation Commissioner Susan Bitter Smith
- Nonprofit Seeking Corruption Charges Against Arizona Regulator Bitter Smith
- Watchdog Group Asks Feds To Investigate Arizona Regulator Bitter Smith
- Arizona Utility Regulator Susan Bitter Smith Faces Another Complaint
- Attorney Calls For Removal Of Arizona Corporation Commission Chair Susan Bitter Smith
