Corporation Commission cops out
One of the worst agencies for public records refuses to turn over documents.
The only thing worse than a government agency refusing to turn over public records is taking multiple months to decline a request.
It’s happened to several journalists, not just myself, and the latest example is Arizona’s fourth branch of government –– the Arizona Corporation Commission.
The Yellow Sheet Report first reported on a rather important Corp Comm scandal that the agency wants to bury and no other outlet has even touched it likely for that reason.
What started as internal drama among top staff at the Commission promptly turned into a resignation of the new chairman’s senior policy advisor and only seemed to escalate from there. Details are currently unknown and the Commission wants it to remain that way.
Yellow Sheet reported in January that Elijah Abinah, Corp Comm’s utilities director, filed a complaint against Tom Broderick, Republican Chairman Jim O’Connor’s now former policy advisor, “over allegations that Broderick was modifying recommendations from Corp Comm staff that he didn’t agree with.”
Abinah also apparently alleged that Broderick encouraged the hiring of an acquaintance and also made inappropriate comments to another staffer about only hiring “attractive women,” Yellow Sheet wrote.
Longtime Corp Comm watchers might recognize that Abinah actually got the job of utilities director after Broderick left the office in 20161. Broderick then returned to advise O’Connor after he mounted a successful write-in election bid in 2020 and became chairman this year under a new 4-1 Republican commission.
In early February, I requested all records pertaining to Abinah’s complaint, corresponding communications as well as Broderick’s resignation letter.
Last week, the Commission denied all aspects of the request except his resignation letter due to personnel matters.
It’s a weak excuse to withhold documents considering the statutes cited are somewhat vague and it all comes down to the agency “doesn’t have to” turn them over. What’s more annoying is I have requested many personnel files from agencies over current and former employees and haven’t run into many issues to receive them.
Most recently I wrote about failed attorney general candidate Abraham Hamadeh lying about his legal record by using multiple personnel files of his. I received those records without issue.
This is what I sent Corp Comm in response to the records denial:
This was the response I received:
Scott said, “I would refer you to Part D of that rule (Disclosure of Information), subparts 1 and 2.”
Those are seen here.” (I still don’t think it’s enough of a reason to shield this from the public’s view given 1. his important role within the agency as the senior policy advisor for the chairman and 2. given he already resigned as a result of Abinah’s complaint (and potentially others.))
Broderick resigned on Jan 31 effective on Feb 10. In it, he said, “It has been a great honor and joy for me to serve the State of Arizona in this position the past two years.”
If anybody at Corp Comm has knowledge or documents of the complaint(s) against Broderick and is willing to share details, please reply here.
Former Commission Chairman Bob Burns told me back in 2019 that Broderick was actually a staff casualty he blamed on Andy Tobin (who Ducey appointed to the Commission in late-2015 about one year before Broderick’s exit as utilities director which also followed two additional staff exits). Burns and Tobin did not get along, which is well-known and documented, and plenty of people have commented on how Tobin was as a boss during his brief time at the Commission.