Officials in One State Want a Process to Oust County Officials Accused of Wrongdoing

In Arizona, state law allows some county officials to be suspended, but not removed from office, if they misappropriate funds or neglect their duty—a punishment that can only last 120 days. Some state officials are calling for the law to be changed, in light of allegations against Maricopa County Assessor Paul Peterson, who is facing 50 counts of violating federal and state laws in Arizona, Arkansas, and Utah. Peterson runs an international adoption business and has been accused of human smuggling and Medicaid fraud. The Maricopa County Board of Supervisors voted unanimously to notify Peterson of a potential suspension last week, as state law requires the board give five days notice of suspension. Peterson’s lawyer released a statement criticizing that move. “Certainly we are disappointed in the Board’s decision … to use a little known statute in an attempt to suspend Paul Petersen from his elected position … Paul is a constitutionally elected officer who does not answer to the Board of Supervisors … In our system, Paul is as innocent today as he was before the formal accusations. It’s unfortunate the Board continues to forget that,” the statement reads. Peterson is currently in federal custody. Gov. Doug Ducey, who has called on Peterson to resign, is now calling for a change to state law so that local officials can be removed from office through methods other than a recall. “What happened to Paul Petersen is a real anomaly in terms of municipal government. There likely should be a remedy in the law to fix a situation like this. It’s probably best done with some coordination between state, municipal and city people talking about what a remedy would be in this type of once-in-a-generation type situation. But it is a situation we have to address,” he said. Republican state Rep. Anthony Kern has since introduced a bill that would allow a county treasurer or assessor to be removed from office with a two-thirds vote of county supervisors. [Associated Press; Daily Independent; FOX 10]

SANCTUARY LAW | The Trump administration has asked the Supreme Court to strike down a California sanctuary law that bars local law enforcement from cooperating with Immigrations and Customs Enforcement by sharing data and detaining immigrants. Two courts have already ruled against the Trump administration in the case, citing past decisions that gives states the right to determine how law enforcement functions in their borders. Justices in the cases have acknowledged that the law makes the job of ICE harder, but said that “refusing to help is not the same as impeding.” U.S. Solicitor General Noel Francisco said that the judges have misinterpreted states’ rights under the blanket of federal authority. “The federal government has exclusive authority over the presence of aliens in the United States, including which aliens may be removed from the United States and the procedures for doing so,” he said. [Los Angeles Times; Bloomberg]

SELMA MAYOR | The Alabama Supreme Court ruled in favor of the Selma City Council in their dispute with Mayor Darrio Melton over who gets to appoint the heads of city departments. The city council passed an ordinance last year giving it the power to appoint the city’s police chief, fire chief, and tax collector. The move stemmed from a dispute over the city treasurer, who was removed from office by the mayor, but reinstated three times by the city council. The mayor vetoed the resolution, the council overrode the veto, and the mayor sued, saying that a portion of state code stipulated that the mayor “shall have the power to appoint all officers…whose appointment is not otherwise provided for by law.” The justices, however, said state law gave the council the authority to appoint officials and pointed to a previous case in which they ruled in favor of the city council of Tuscumbia. Selma City Councilwoman Miah Jackson said that the lawsuit was unnecessary. “I thought the law was clear. However, since the mayor chose this route, it has now set a precedent for other mayors and councils going forward. I believe we shouldn’t have to go through this matter again and I am hopeful that we can begin working together for the best interest of the city,” Jackson said. [AL.com; Alabama News Network; Selma Times-Journal]

TWITTER VIDEO | Texas Gov. Greg Abbott tweeted a video last week of a man smashing a car with a pole this weekend, along with the caption "Austin's policy of lawlessness has allowed vicious acts like this. Austin’s inability to restore order will compel the State to act beginning Nov. 1 if action is not taken to ensure public safety.” Austin Mayor Steve Adler responded to the tweet with his own, writing “Governor, that video is almost two years old, well before any recent ordinance changes. This isn't the first time you’ve fallen victim to social media trolls trying to mislead and scare Austinites. Let’s focus on actually ending homelessness.” The governor and mayor have clashed on Twitter recently about the city’s homelessness crisis. The family of the man in the video has now asked Abbott to delete his tweet, noting that the man in question is not homeless, and that the governor had chosen to “re-air his trauma for political gain for this ongoing Twitter war.” The man’s sister, Aretha Carter, called the tweet offensive. “It was very hurtful and embarrassing to see them post a video of him, especially me knowing his condition, knowing that he has a mental problem. Everybody is just tweeting and posting and just making fun of him. It's not funny. It is very hurtful,” she said. [KXAN; CBS Austin]

ELDER ABUSE | Maine Gov. Janet Mills signed an executive order creating a new group that will combat elder abuse in the state. The group will include state officials and members of advocacy organizations who are familiar with detection and prevention tactics for elder abuse. The group will have to provide recommendations by December 2021 in the form of an "Elder Justice Roadmap.” Maine is the state with the highest median age. Mills, a Democrat, said that fact makes it "crucial that we harness the collective power of state government and private organizations to develop a roadmap to protect [elders] from abuse, neglect, and all forms of exploitation." [Associated Press]