Arizona Eagletarian

Arizona Eagletarian

Tuesday, September 1, 2015

Conflict of Interest complaint against AZ Corp Comm chair Bitter Smith to be filed Sept 2nd

From Chandler attorney Thomas Ryan,
Tomorrow at 10 a.m. a Verified Complaint Quo Warranto will be filed with the Office of the Arizona Attorney General. Following the filing of the Complaint I will hold a press conference and answer questions from the media. Additionally, I will have CD ROM’s available with a copy of the Verified Complaint and the 40 exhibits that are attached to the Complaint. Tom Ryan
From Black's Law Dictionary,
In old English practice. A writ, in the nature of a writ of right for the king, against him who claimed or usurped any office, franchise, or liberty; to inquire by what authority he supported his claim, in order to determine the right It lay also in case of non-user, or long neglect of a franchise, or misuser or abuse of it; being a writ commanding the defendant to show by what warrant he exercises such a franchise, having never had any grant of it or having forfeited it by neglect or abuse.
In this case, Ryan will present documentation showing that Bitter Smith egregiously violated and violates Arizona Revised Statutes § 40-101.
A person in the employ of, or holding an official relation to a corporation or person subject to regulation by the commission, or a person owning stocks or bonds of a corporation subject to regulation, or a person who is pecuniarily interested therein, shall not be elected, appointed to, or hold the office of commissioner or be appointed or employed by the commission. If a commissioner, or appointee or employee of the commission becomes the owner of such stocks or bonds, or becomes pecuniarily interested in such a corporation involuntarily, he shall within a reasonable time divest himself of such stocks, bonds or interest. If he fails to do so, he thereby vacates his office or employment.
A quo warranto proceeding will provide Bitter Smith the opportunity to show why she should be allowed to retain her seat on the Corporation Commission. Ryan said the 25-page complaint will have an additional 400 or so pages of exhibits to support the complaint.

In due course, I will post the complaint and the exhibits to the Arizona Eagletarian.

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