SB1487 Investigations

Legislator Requests for Investigation

Below is a list of Pending Legislator Requests for Investigation under A.R.S. §41-194.01 that have been submitted to the Attorney General's Office. Once a complete request is deemed received by the Office, there is a thirty-day period for the Office to complete its investigation and for the Attorney General to issue a report concluding whether the action that is the subject of the request violates, may violate, or does not violate state law. 

  1. Submissions should be made through the Legislator Request Form and addressed to SLS Investigations using [email protected]ag.gov (preferred) or mailed to:

Arizona Attorney General's Office    
Attn: Appeals and Constitutional Litigation / A.R.S. §41-194.01    
2005 N Central Ave    
Phoenix, AZ 85004

2. The Office welcomes written public comment regarding any of the below open investigations. Alternatively, a person may contact the Appeals & Constitutional Litigation Division by phone at (602) 542-3333. 

  1. Written comments should be as succinct as possible. The Office reserves the right not to review submissions.
  2. All written submissions on pending requests will be considered public records and retained consistent with the Office's general public records retention policies and practices. 

Open SB1487 Investigations:

**Currently no open investigations.**

Closed SB1487 Investigations:

Request No. Question PresentedRequesting Legislator(s)
23-001

May a city enact a prevailing wage ordinance requiring contractors on public works contracts to pay their workers no less than the wage rates that prevail for their trade in their geographic location?

Complaint Form 

FINAL DISPOSITION: CONVERTED TO OPINION REQUEST R23-009

Senator Catherine Miranda



23-002

Does the City of Tempe's Ordinance No. 02022.56, Ordinance No. 02022.57, Resolution No. R2022.170, or § 12.9 or § 17 of the Development and Disposition Agreement between the City and Bluebird Development LLC violate article IV, part 1, § 1(8) of the Arizona Constitution or A.R.S. § 16-407.01?

Complaint Form  
Withdrawal

FINAL DISPOSITION: WITHDRAWN BY REQUESTING LEGISLATURE

Rep. Steve Montenegro



22-002

Does the City of Tucson's recent amendment to its fair housing code violate Arizona's constitution and laws?

Complaint Form    
Response Request    
Response from City of Tucson    
Report    
Request for Reconsideration    
Letter from Toma    
Letter to Toma from AG Mayes    
Letter to Rankin from AG Mayes    
Letter from Phx. City Council    
Letter from Arizona Poor People’s Campaign    
Supp. Response    
Supp. Response from Toma    
Amended Investigative Report No. 22-002

FINAL DISPOSITION: DOES NOT VIOLATES STATE LAW

Rep. Ben Toma



22-001

Is the Paradise Valley local ordinance on short term rentals in conflict with existing state law?

Complaint Form    
Paradise Valley Ordinance    
Response Request    
Response from Town of Paradise Valley    
Report

FINAL DISPOSITION: VIOLATES STATE LAW IN PART (ORDINANCE AMENDED BY TOWN OF PARADISE VALLEY)

Sen. Warren Petersen



21-006

Whether Pima County memorandum titled: FAQs Regarding Mandatory Vaccinations for New Hires Promotions and Employees Working with Vulnerable Populations violates ARS 23-206 & Executive Order 2021-18

Complaint Form    
FAQs For New Hires    
Process for Off-Boarding Unvaccinated Staff    
Response Request    
Pima County Response Letter

FINAL DISPOSITION: WITHDRAWN BY REQUESTING LEGISLATOR

Sen. Kelly Townsend



21-005

Whether Tucson Administrative Directive 2.03-7 violates A.R.S. § 23-206?

Complaint Form    
Tucson Administrative Directive 2.03-7    
Response Letter

FINAL DISPOSITION: WITHDRAWN BY REQUESTING LEGISLATOR

Sen. Kelly Townsend



21-004

Whether Tucson Administrative Directive 2.03-7 violates A.R.S. § 23-206?

Complaint Form    
Response Request    
Tucson Response Letter

FINAL DISPOSITION: WITHDRAWN BY REQUESTING LEGISLATOR

Sen. Vince Leach



21-003

Whether Tucson Ordinance 11869 (requiring employees to receive a COVID vaccination as a term of employment) violates Executive Order 2021-18, A.R.S. 36-787, A.R.S. 36-114, A.R.S. 36-681, A.R.S. 36-184.

Complaint Form    
Ordinance 11869    
Tucson Response Request    
Tucson Response    
Tucson Report

FINAL DISPOSITION: VIOLATES STATE LAW

Sen. Kelly Townsend



21-002

Whether MCBOS violated ARS 41-1151, 41-1153, 41-1154, and/or 16-624.

Complaint Form    
MCBOS Response Request    
MCBOS Response    
MCBOS Report

FINAL DISPOSITION: VIOLATES STATE LAW

Sen. Sonny Borrelli



21-001

Whether a moratorium on eviction proceedings adopted by the Pima County Board of Supervisors violates the Arizona Constitution and/or state statutes.

Complaint Form    
Complaint Letter    
Complaint Response Request    
Response from Pima County Board of Supervisors    
Complaint Closing Letter

FINAL DISPOSITION: INVESTIGATION MOOT (MORATORIUM REPEALED BY PIMA COUNTY)

Sen. Vince Leach, Rep. Bret Roberts



20-002

Following a significant decrease in voter turnout at the 2019 Tucson city election compared to the 2018 statewide election, does Tucson city ordinance 11731 violate A.R.S. 16-204.01 by calling for elections for city council, as well as for city ballot measures, to continue to be held off cycle in 2021 rather than on the statewide election dates in 2022?

Letter to City of Tucson - Notice and Request for Response    
City of Tucson Response    
Exhibit A    
Final Report    
AZ Supreme Court Ruling – State of Arizona v. Tucson

FINAL DISPOSITION: MAY VIOLATE STATE LAW (UPHELD AT ARIZONA SUPREME COURT)

Sen. J.D. Mesnard



20-001

Whether the May 13, 2020, Proclamation of the Pima County Board of Supervisors violates A.R.S. § 26-307, in light of Governor Ducey’s Executive Order 2020-36, ¶ 7    
1487 Letter to Pima County    
Pima County BOS Memo    
Pima County BOS Notice    
Pima County Health Dept Email    
Executive Order 2020-36    
Exhibit 1    
Exhibit 2    
Exhibit 3    
Exhibit 4    
Exhibit 5    
Exhibit 6    
1487 Response Letter    
Closing Letter

FINAL DISPOSITION: INVESTIGATION MOOT (PROCLAMATION REPEALED BY PIMA COUNTY)

Sen. Vince Leach, Rep. Mark Finchem, Rep. Bret Roberts



19-002

 

Whether City of Phoenix Ordinance G-6650 violates Article IX, Section 25 of the Arizona Constitution.

Attachment A    
Ordinance G6650    
Response of the City of Phoenix Regarding Investigation of Complaint by Rep. Barto Under ARS 41-194.01    
Exhibits 1-9

Final Report

ASC Order Finding Ordinance Constitutional - 04/02/2020    
ASC Order Granting Stipulated Motion - 04/20/2020

FINAL DISPOSITION: MAY VIOLATE STATE LAW (ORDINANCE UPHELD BY ARIZONA SUPREME COURT)

Rep. Nancy Barto



19-001

Whether the City of Tempe Ordinance 01017.51 violates ARS 16-905(E)?

Final Report

FINAL DISPOSITION: DOES NOT VIOLATE STATE LAW

Sen. Vince Leach



18-004

Whether Sedona's bed tax and agreement with the Chamber of Commerce violates the Gift Clause of the Arizona Constitution?

FINAL DISPOSITION: WITHDRAWN

Sen. Judy Burges



18-003

Does Sedona Ordinance 2016-06, which requires business licenses for “transient rentals” but not for long-term rentals, violate A.R.S. § 9-500.39?

AG Signed Report RE: 18-003

FINAL DISPOSITION: VIOLATES STATE LAW (ORDINANCE REPEALED BY SEDONA)

Rep. Darin Mitchell



18-002

Does Mohave County's unwritten policy of requiring an Animal Control inspection of private residences where the person applying for a "Limited Residential Animal Permit" per county zoning ordinance for 10 dogs and 10 cats as personal pet violate ARS §11-1604?

FINAL DISPOSITION: WITHDRAWN BY REQUESTING LEGISLATOR

Sen. Sonny Borrelli



18-001

Whether the City of Tempe, through its ordinances and leases, is violating Arizona statutory restrictions on the use of Government Property Lease Excise Taxes    
 

Attachment 1 – Tempe Ordinance No. 2017.39    
Attachment 2 – Tempe Council Minutes – July 27, 2017    
Attachment 3 – Tempe Ordinance No. 2017.48    
Attachment 4 – Tempe Council Minutes – November 9, 2017    
Attachment 5 – Tempe Resolution No. 2010.76    
Attachment 6 – Tempe Staff Summary Report on Resolution No. 2010.76    
Attachment 7 – Tempe Council Minutes – May 20, 2010    
Attachment 8 – Graduate Tempe, LLC Lease    
Attachment 9 – KBSII Fountainhead, LLC Lease    
Attachment 10 – Leach Letter to City of Tempe dated November 30, 2017

AG Signed Report RE: 18-001

FINAL DISPOSITION: MAY VIOLATE STATE LAW (ORDINANCE AMENDED BY TEMPE)

Rep. Vince Leach



17-005

Did the Town of Patagonia violate Arizona law by adopting an ordinance restricting the total number of trips made by a “heavy duty truck?     

AG Signed Report RE: 17-005

FINAL DISPOSITION: DOES NOT VIOLATE STATE LAW

Rep. Vince Leach



17-004

Whether the City of Phoenix Police Department's "Transparency Policy" violates A.R.S. 38-1109?

Attachment 1    

AG Signed Report RE: Request No. 17-004

FINAL DISPOSITION: DOES NOT VIOLATE STATE LAW

Rep. Jay Lawrence



17-003

Does the City of Bisbee's ordinance regulating the use of plastic bags violate state law?    
 

AG Signed Report RE: Request No. 17-003

FINAL DISPOSITION: VIOLATES STATE LAW (ORDINANCE REPEALED BY BISBEE)

Sen. Warren Peterson



17-002

Did the City of Phoenix violate state law when they enacted Phoenix Police Department Operations Order 4.48:Immigration Procedures?

Attachment 1 - Detailed Complaint    
Attachment 2 - ARS 11-1051    
Attachment 3 - Phoenix Police Operations Order 4.48 - Immigration Procedures    

AG Signed Report RE: Request No. 17-002

FINAL DISPOSITION: DOES NOT VIOLATE STATE LAW

Sen. John Kavanagh



17-001

Whether the City of Somerton's Ordinance requiring of a church a Conditional Use Permit to operate in a commercial zone is in conflict with Arizona law? 

AG Letter to City of Somerton - August 10, 2017    
City of Somerton Letter to AG - August 17, 2017    
City of Somerton Letter to AG - August 28, 2017

FINAL DISPOSITION: WITHDRAWN BY REQUESTING LEGISLATOR (ORDINANCE REPEALED BY SUMMERTON)

Rep. Don Shooter



16-002

Whether the City of Tucson is destroying confiscated and/or forfeited firearms in violation of Arizona law?

Attachment 1    
Attachment 2    
AG Signed Report RE: Request No. 16-002    
Special Action to Repeal Tucson Gun Ordinance    
AZ Supreme Court Ruling - State of Arizona v. City of Tucson

FINAL DISPOSITION: MAY VIOLATE STATE LAW (ORDINANCE REPEALED BY TUCSON)

Rep. Mark Finchem



16-001

Has the Town of Snowflake violated provisions of state law with respect to the Approval of Facilities Agreement with, and special use permit to, Copperstate Farms LLC by the Snowflake Town Council on June 28, 2016?

AG Signed Report RE: Request No. 16-001    
AG Letter to Rep. Paul Boyer - November 1, 2016

FINAL DISPOSITION: MAY VIOLATE STATE LAW (ORDINANCE REPEALED BY SNOWFLAKE)

Rep. Paul Boyer