The Arizona Attorney General’s office confirmed Tuesday that they have not received any complaints from District 1 Supervisor Ally Miller, of the Pima County Board Supervisors.
Miller has told local radio and media outlets that she filed a complaint with attorney general’s office, requesting they investigate the board’s action on Feb. 18 where a 4-1 vote reallocated District 1 funds to District 4 to fix Colossal Cave Road.
On Tuesday, Krystal Gonzalez, the communications coordinator for the attorney general’s office, said, “I have spoken to the attorney, and to this date he has not received or viewed a complaint submitted by Supervisor Miller.”
With Miller saying she’s filed a complaint for the attorney general to investigate, The Explorer first requested a copy from Miller’s office on March 5. Joseph Cuffari, the constituent liaison for Miller, refused the request, saying the District 1 supervisor has asked that The Explorer request the document directly from the attorney general’s office.
When asked again for the information on Monday, and questioned about its existence, Cuffari said it was filed and is 111 pages long.
While confirming they have not received an official complaint from Miller’s office, the attorney general’s office said they have received a letter from a local resident asking for an investigation on Miller’s behalf.
With the Feb. 18 vote to reallocate, $872,000 from the District 1 budget. Miller called the vote unfair, and said she believes the other board members violated the law.
In the meantime, on Tuesday, the Board of Supervisors opted to waive attorney/client privilege regarding the controversial issue, giving the public full access to the opinion drafted by Christopher Straub, the county’s chief civil deputy attorney.
Miller asked Straub to review the vote to see if it violated the law by relocating what was left of $1 million road funds allocated from District 1, which includes all of the northwest region, to District 4, which is Supervisor Ray Carroll’s district.
Claiming a child-safety issue along Colossal Cave Road, the board surprised Miller when they reallocated the remainder of the District 1 funds budgeted for the current fiscal year.
Miller was stunned by the vote, which also did not take any funding away from the other two districts for the project that has been deemed an emergency.
Until Tuesday, the decision formed by the attorney on the vote was not available to the public.
In the decision, Straub said as long as the county is not exceeding established expenditures, the board is within its right to reallocate funding.
“Therefore, decisions regarding particular expenditures within existing budgeted categories are policy decisions that are entirely within the discretion of the board,” Straub said. “The board’s action reallocating road funding thus was within its discretion.”
In his opinion, Straub cited Arizona Revised Statute 42-17102(B)(1) to support his findings.
Straub said as for the state statute, a governing body may transfer monies between budget items if all of the following apply:
• The monies are available.
• The transfer is in the public interest and based on a demonstrated need.
• The transfer does not result in a violation of the limitations prescribed in article IX, sections 19 and 20, Constitution of Arizona.
“The board’s action was lawful policy directive wholly within its legislative budget authority, and it was consistent with the duly adopted Fiscal Year 2013/2014 budget.”
At press time, the District 1 office had not responded to The Explorer’s second request for official documentation.