The head of the Arizona Corporation Commission sees the recent indictment of a former colleague as a signal for tighter regulation ahead and an argument for appointing commissioners in the future.
In a letter obtained by Capitol Media Services, Tom Forese shared his thoughts with a fellow commissioner shortly after an indictment was launched against their former colleague Gary Pierce.
The case against Pierce alleges he curried a utility company’s campaign support by arguing in favor of utility rate hikes at customers’ expense in 2011 and proposed passing the company’s tax expenses onto customers in 2012.
While Forese did not go into detail about the case in his letter, he did write, "[t]he current commission must determine if those decisions were made in the public interest.”
At the very least, Forese saw a need to establish a commissioners’ code of ethics, much like the rules commission staffers must abide by.
For example, he wrote, staffers can't have meals with utility officials.
"This same restriction should be considered for application to commissioners as well,'' he said.
Those who lobby the commission, Forese noted, should be required to register before meeting with a member.
Forese suggested that government agencies could regulate and remove members who violate the code.
Making his case further, Forese contended temptation to take a bribe could be eliminated if Arizona appointed its commissioners as 12 other states already do.
"I'm concerned about the issue enough that we have to look at a number of potential ways to ensure that this doesn't happen again," Forese wrote, in reference to the Pierce indictment.
Newly elected commissioner Boyd Dunn agreed it could help close the gaps, but brought up the flip side.
“There seems to be less of an opportunity for citizens to participate,” Dunn said. “Because I think whenever you have elected positions you make a point of going out and listening to the voters."
A change would require voter approval. And the earliest it could be implemented is 2018.