From:
KirbyAllanAZ
We have read much about the political and financial difficulties with Maricopa County
government. Sheriff Joe Arpaio has gone to court over questionable administrative
legislative rulings. However, the cause of this political muddle can be found in he violation
of separation of powers within the structure of county government. Article !!! of the Arizona
constitution under "Distribution of Powers" reads as follows; "The powers of the
government of the state of Arizona shall be divided into three separate departments,
the legislative, the executive, and the judicial, and, except as provided in this constitution,
such departments shall be separated and distinct, and no one of such departments shall
exercise the powers properly belonging to either of the others," Since separation of
powers is a constitutional mandate, how did the elected board of supervisors end up with
responsibility for both county legislation and county administration? The board of
supervisors of Maricopa county serves as a legislative body charged, for the most part, with
responsibility for financial legislation. It is directly responsible to the electorate. But, the
executive or administrative sector of Maricopa county government is entirely divorced
from direct responsibility to the electorate, instead, a county manager is appointed by the
board of supervisors. He in turn appoints his deputy manager. Six appointed assistant
county managers are then in turn are appointed to rule over their numerous political
dynasties from economic development, financial services, general services, health care,
environmental quality, transportation, and development of who knows what. Their assistant
administrators are responsible to the appointed county manager who in turn must answer,
not to the electorate, but to the board of Supervisors. Clearly, legislative powers have been
combined with the administrative powers, thereby violating the constitutional mandate of
separation of powers. Moreover, with regard to administrative control, the electorate has
been left out in the cold. The violation of separation of powers has clearly been
contributed to the present political and financial problems within Maricopa County. The
problem is that the article XII, section three of the Arizona Constitution has omitted a
requirement for a necessary elected official; a chief administrative officer. If that had been
included, the separation of powers mandate would have been observed. All it takes now is
a constitutional amendment to authorize an elected chief administrator and return Maricopa
County back to constitutional requirements. Question; why has this never happened over
the years?
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