PHOENIX — 13 state agencies in Arizona do not currently have a permanent director. Those agencies range from the Department of Child Safety to the Department of Gaming. Now, after a lengthy feud between Governor Katie Hobbs and Senate Republicans, that may change next year.
To be the director of a state agency, Arizona law mandates the governor nominate a person of their choice and then seek confirmation of that person by a vote of the Arizona Senate. During the 2023 legislative session, Republicans, who have the majority in the Senate, alleged that the majority of Hobbs's nominees were partisan. In response, a committee whose sole role is to analyze these nominations struck down the majority of her choices.
Hobbs elected to withdraw all of her nominations for these agency director positions to "pursue other lawful avenues of ensuring State government can continue to function," Hobbs said in a letter to Senate President Warren Peterson.
She then nominated her director of operations as the interim director of 12 of the 13 agencies that needed a permanent director. That person then nominated "executive directors" of these agencies, effectively circumventing the need for the Senate to confirm them.
Petersen and the Senate Republicans filed a lawsuit alleging Hobbs was not following the law by taking these actions. In June 2024, a Maricopa County Judge agreed and ruled the Governor did not follow the law.
“It's unfortunate that the governor broke the law and is not setting the example that she should be setting for the rest of the citizens, which is, we all need to follow the law," Peterson said.
Political expert Tom Coughlin said each of these state agencies-- from child safety to economic security to the lottery-- have still been able to function without a permanent director.
“What's happened now is, instead of having an agency director, there's a deputy director that is doing that, functionally same thing, but without the accountability to the public that you would want to have in an agency director," Coughlin said.
Democrats who back Hobbs's effort to appoint executive directors agree and say they are still providing vital services to the public.
“I think the work is getting done, and that's what matters. Your listeners, the people listening right now, they don't care, but what they want to know is, are kids being kept safe? Are housing units being built? Is the work getting done?" Senate Minority Leader Mitzi Epstein said.
Republican lawmakers say Governor Hobbs's actions could lead to lawsuits filed against these state agencies if a dispute were to arise with a private business.
“Let's say that a director took an action and there's a business that was unhappy with that action, and they challenged the action because they say that the director was not legitimate," Petersen said.
After months of legal battles, Hobbs agreed this week to follow the law and seek the Senate's confirmation on her nominees. That means the process is back to square one and both sides of the political aisle say there are different ways this stalemate can be broken.
“I think the governor now knows that when she makes a nominee, they need to be competent, and they need to be nonpartisan and things will go smoothly, we will approve," Peterson said.
“I think that the people of Arizona would love to have a Democratic majority. We would bring forward transparency and reasonableness as well as reason to the legislature," Epstein said. "We would restore the integrity of the institution that it so very much deserves.”
Governor Hobbs was not available for an interview on Tuesday. Her office issued a statement:
Governor Hobbs will always put politics aside to do what’s best for the people of Arizona. While she disagrees with the Senate on the law and is disappointed in the earlier ruling in this case, she has reached an agreement that includes transmitting director nominees to the Senate to ensure stability and continuity for veterans, small businesses and vulnerable Arizonans who rely on state agencies to provide critical services that they need. This outcome, rather than continued litigation, is what’s in the best interest of the State right now.
Between now and the next legislative session beginning in January 2025, Hobbs will once again nominate directors of these state agencies by the first week of the session. They will then need to be confirmed by the Senate.
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