Arizona State Rep. Steve Montenegro is calling on the Arizona Attorney General’s Office to investigate the City of Tempe’s ordinances, resolution, and a development agreement connected to Tempe’s special election this month.
Specifically, Montenegro submitted an SB1487 complaint to the Attorney General’s Office.
Under A.R.S. §41-194.01, legislators may request of the Arizona Attorney General to investigate and report as to whether an ordinance violates state law. Once submitted, the Attorney General’s Office has 30 days to issue a report of its conclusion.
Tempe’s resolution and ordinances have been referred to the voters for decision concerning the possible creation of a Tempe Entertainment District. In his complaint, Representative Montenegro asks whether the Arizona Constitution and state law allow a private developer, Bluebird Development LLC – who stands to benefit from the City’s Special Election and appears to be acting at the City’s direction – to spend private money by referring the measures to the voters and paying for costs, expenses, and fees associated with Tempe’s Special Election.
The City’s Special Election is scheduled for May 16, but voting is underway as ballots have been mailed to Tempe voters.
“The Arizona Constitution does not allow the City to directly refer measures to the ballot, but the development agreement with Bluebird appears to be an indirect and unconstitutional attempt to do so,” Montenegro writes in his request. “The City’s agreements with Bluebird also appear to violate A.R.S. § 16-407.01, which prohibits cities from expending private monies for preparing for, administering or conducting an election.”