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.
- Submissions should be made through the Legislator Request Form and addressed to SLS Investigations using GovernmentAccountability@azag.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.
- Written comments should be as succinct as possible. The Office reserves the right not to review submissions.
- 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:
Closed SB1487 Investigations:
| Request No. |
Question Presented |
Requesting Legislator(s) |
|
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
FINAL DISPOSITION: MAY VIOLATE STATE LAW (PENDING 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FINAL DISPOSITION: INVESTIGATION MOOT (PROCLAMATION REPEALED BY PIMA COUNTY)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
|
