COR Senate Gov and House Gov

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ARIZONA STATE LEGISLATURE

Forty-ninth Legislature – First Regular Session

SENATE GOVERNMENT INSTITUTIONS AND

HOUSE OF REPRESENTATIVES GOVERNMENT COMMITTEE OF REFERENCE

FOR THE SUNSET REVIEW OF:

ARIZONA NEIGHBORHOOD PRESERVATION AND INVESTMENT COMMISSION

LEGISLATIVE COUNCIL; OMBUDSMAN FOR PRIVATE PROPERTY RIGHTS

OFFICE OF THE OMBUDSMAN-CITIZENS AIDE

ARIZONA STATE LIBRARY, ARCHIVES AND PUBLIC

RECORDS; BOARD OF LIBRARY EXAMINERS

STATE BOARD ON GEOGRAPHIC AND HISTORIC NAMES

Minutes of Interim Meeting

Thursday, October 8, 2009

House Hearing Room 5 -- 1:30 p.m.

Chairman Montenegro called the meeting to order at 2:02 p.m. and attendance was noted by the secretary.

Members Present

Senator Tibshraeny, Co-Chair Representative Montenegro, Co-Chair

Senator Chuck Gray Representative Chad Campbell

Senator Waring Representative Chabin

Representative Driggs

Members Absent

Senator Burton Cahill Representative Gowan

Senator Garcia

Arizona Neighborhood Preservation and Investment Commission

Zach Tretton, Majority Assistant Research Analyst, explained that the Arizona Neighborhood Preservation and Investment Commission and corresponding fund were created by the Legislature in 2000. The Commission consists of nine members appointed by the Governor whose purpose is to award grants to cities to fund neighborhood preservation and investment projects. The corresponding fund was established consisting of amounts received from the federal government or any political subdivision of the state, gifts, grants and donations. To this date, the Governor has never appointed any members to the Commission, nor has the fund ever received any monies; therefore the Commission is not and has never been able to operate. According to the Arizona Department of Housing, there would be no impact to the State of Arizona if the Commission is allowed to sunset.

Chairman Montenegro announced the names of those who signed up as neutral but did not speak:

Kristina Fretwell, Legislative Liaison, Arizona Department of Housing

Senator Tibrshraeny moved that the Committee of Reference recommend to the full Legislature that the Arizona Neighborhood Preservation and Investment Commission be allowed to sunset and that any related statutes be repealed by a bill if necessary. The motion carried.

Legislative Council; Ombudsman for Private Property Rights

Zach Tretton, Majority Assistant Research Analyst, explained that the Ombudsman for Private Property Rights was established in 1994 to represent the rights of private property owners in proceedings involving governmental action. In 2000, the Legislature enacted legislation that changed the name of the office to the Advocate for Private Property Rights. By August 2001, the incumbent Advocate for Private Property Rights resigned, and to date, the position has never been filled. The monies for the Advocate’s Office were ex-appropriated in fiscal year 2002, and no money has been re-appropriated to the Office.

Nadine Sapien, Legislative Council, offered to answer questions but none were asked.

Senator Tibshraeny moved that the Committee of Reference recommend to the full Legislature that the Legislative Council; Ombudsman for Private Property Rights be allowed to sunset and that any related statutes be repealed by a bill if necessary. The motion carried.

State Board on Geographic and Historic Names

Zach Tretton, Majority Assistant Research Analyst, explained that the Legislature created the State Geographic and Historic Names Board in statute in 1990. The mission of the Board is to provide appropriate and official names for geographic features in Arizona. The Board works in conjunction with the U.S. Board on Geographic Names as the U.S. Board will not consider a new name or change for federal use without approval of the Arizona Board. Recently, the Board has been focusing efforts on increasing public awareness of the Board, including updating its website, which is hosted by the Arizona State Library, Archives and Public Records, and creating a new brochure intended for wide public distribution. The Board is also considering several statutory changes, including adding the definition of geographic features, places of historical significance, and adding two new members to the Board. The Board meets quarterly, and in the previous nine years reviewed 112 names covering all areas of Arizona and rejected 18.

GladysAnn Wells, Director/State Librarian, Arizona State Library, Archives and Public Records, stated that one incredibly important aspect of the Board is the consistent and clear naming of features for search and rescue efforts by health and safety personnel. The Board has a state map and can make sure all of the names agree so people are directed properly. In response to a question, she indicated that some legislative clean-up work will be necessary due to the Board moving to the Secretary of State’s Office.

Chairman Montenegro announced the names of those who signed up in favor but did not speak:

Jim Drake, Assistant Secretary of State, Secretary of State’s Office

Senator Tibshraeny moved that the Committee of Reference recommend to the full Legislature that the State Board on Geographic and Historic Names be continued for 10 years. The motion carried.

Office of Ombudsman-Citizens Aide

Zach Tretton, Majority Assistant Research Analyst, explained that the Office of Ombudsman-Citizens Aide was established by the Legislature in 1996. The legislative purpose of the office is to service citizens’ complaints by investigating the administrative acts of state agencies and to annually report to the Governor, the Legislature and the public on its activities. The mission of the Office was expanded in 1998 to include investigation of complaints relating to Child Protective Services (CPS) and again in 2007 to include investigation of complaints relating to public records and open meeting laws. Citizen inquiries are responded to by the Office in one of three ways; by coaching the citizen, by providing assistance or by investigating. In 2008, the Ombudsman’s Office responded to 4,293 complaints and conducted 257 investigations. The Ombudsman’s Office does not fulfill a regulatory function and is not recommending any statutory changes in its written response.

Patrick Shannahan, Ombudsman-Citizens’ Aide, stated that the Office is small with six people who report to Legislative Council. It is located away from the Capitol as required by statute. The Office is able to offer constructive criticism to state agencies without reprisal. He was appointed by the Legislature for two five-year terms and the Office is non-partisan. The Office provides a valuable service to citizens because it is the only place where citizens with grievances against a state agency can receive an independent, impartial investigation. In response to questions, he provided the following information:

Compliance with open meeting laws is improving. State agencies were following the open meeting laws, but political subdivisions such as town councils, school boards, fire districts, etc., were doing some awful things, not deliberately, but due to not being knowledgeable about the laws. A very intense education program was started and
Liz Hill, an attorney, was hired. She prepared booklets about open meeting and public records laws and educated town councils, school boards, etc. She holds monthly sessions at the Carnegie Library. Now many inquiries are not from citizens with complaints but from a town clerk or school board member to obtain correct advice and avoid doing something wrong.
Public records laws were written when paper records were used, but now many records are electronic, which is becoming more and more of an issue that people do not know how to handle.
In 1998, the Legislature decided that more oversight is needed of CPS so a person was placed in his Office for that purpose. Several years ago, members of the Legislature wanted an advocate in addition to an ombudsman because an advocate is more like a representative who is on someone’s side whereas an ombudsman is similar to a judge (neutral, impartial and independent), so Maria Hoffman was hired by the Legislature. Both offices take a different approach but Kara VanHise in his Office constantly talks to Ms. Hoffman to ensure their work does not conflict. So far this has been very successful and no complaints have been received from CPS.
If a Member refers a constituent, he will interview the constituent and take action to investigate the complaint on the citizen’s behalf. He will keep the Member informed and he is open to guidance and advice from the Member on the issue. An investigation has never been done based exclusively on a legislator’s request because he is supposed to work for citizens, but requests are always received by way of a constituent.

Senator Chuck Gray remarked that he has been at the Legislature a long time and he is very satisfied with the efforts of Mr. Shannahan on behalf of constituents. He thanked him for his work.

Chairman Montenegro added that many people tell him how helpful the Office has been.

Senator Tibshraeny moved that the Committee of Reference recommend to the full Legislature that the Office of the Ombudsman-Citizens Aide be continued for 10 years. The motion carried.

Chairman Montenegro acknowledged the presence of former Representative Phil Hanson, who is presently working with the State Board on Geographic and Historic Names, and expressed appreciation for his service to the state.

Arizona State Library, Archives and Public Records; Board of Library Examiners

Zach Tretton, Majority Assistant Research Analyst, explained that the Board of Library Examiners was created by the Legislature in 1929 with the formation of the County Library District System. The Board functions under the leadership of the Arizona State Library, and its objective is to ensure that each Arizona county employs a county librarian who meets established professional qualifications. The Board meets only as needed, when a county librarian vacancy is filled and application for certification is received. Members of the Board receive no compensation. In the past 10 years, the Board certified 11 county librarians and received no complaints.

GladysAnn Wells, Director/State Librarian, Arizona State Library, Archives and Public Records, stated that public libraries currently serve over 2,000,000 people monthly across Arizona. Making sure that county librarians are well-trained and plugged into a network of county librarians across the state has become even more important as citizens need and use public libraries more than ever before.

Chairman Montenegro announced the names of those who signed up in favor but did not speak:

Jim Drake, Assistant Secretary of State, Secretary of State’s Office

Senator Tibshraeny moved that the Committee of Reference recommend to the full Legislature that the Arizona State Library, Archives and Public Records; Board of Library Examiners be continued for 10 years. The motion carried.

Without objection, the meeting adjourned at 2:30 p.m.

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Linda Taylor, Committee Secretary

October 14, 2009

(Original minutes, attachments and audio on file in the Chief Clerk’s Office; video archives available at http://www.azleg.gov)

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SENATE GOVERNMENT INSTITUTIONS AND

HOUSE OF REPRESENTATIVES GOVERNMENT

COR FOR SUNSET REVIEW OF:

ARIZONA NEIGHBORHOOD PRESERVATION

AND INVESTMENT COMMISSION, ETC.

October 8, 2009

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