Last October, Maricopa County Superior Court Judge James Smith blocked Arizona from collecting $1.1 million from the city of Flagstaff to compensate for its minimum wage that is higher than the state’s rate, ruling that the state missed a deadline for the assessment and was stretching a law targeting higher voter-approved city wages to collect its indirect costs. Judge sides with Flagstaff over Arizona in minimum wage fight. But the ruling from Maricopa County Superior Court Judge James Smith released on Monday sidestepped the question of whether the assessments are unconstitutional.
Arizona is appealing a court order blocking its attempt to impose $1.1 million in penalties on the city of Flagstaff for adopting a $15-per-hour minimum wage law.
The cities of Flagstaff and Tucson both have set a higher minimum wage than established by the Minimum Wage Act citzens initiative, Prop. 202 (2006), as the initiative allows for. The Arizona Chamber of Commerce and Industry and its lickspittle lackeys in the Arizona legislature hate this citizens initiative and have been trying to undermine the will of the voters for years.
As Mark Rozell writes at the Washington Post, Remember when Republicans voted for local authority and autonomy?
It wasn’t long ago when local governmental bodies such as city councils, boards of supervisors and school boards had no stronger advocate than the Republican Party. The GOP fought large, powerful and overreaching centralized authorities that usurped local prerogatives and imposed one-size-fits-all dictates. In GOP dogma, the most effective leaders were those closest to the people.
No more. Not for several years. Authoritarian Republicans in the Arizona legislature see themselves as superior to everyone else, including the governor, the federal government, and the courts.
But the Arizona Constitution, Article 2, Section 2 provides “All political power is inherent in the people, and governments derive their just powers from theconsent of the governed, and are established to protect and maintain individual rights.” Arizona Constitution, Article 4, Section 1, Part 1: “The legislative authority of the state shall be vested in the legislature, consisting of a senate and a house of representatives, but the people reserve the power to propose laws and amendments to the constitution and to enact or reject such laws and amendments at the polls, independently of the legislature; and they also reserve, for use at their own option, the power to approve or reject at the polls any act, or item, section, or part of any act, of the legislature.”
Authoritarian Republicans in the Arizona legislature are now coming for the cities of Flagstaff and Tucson’s minimum wage. Ariz. House to vote on measure that eventually could override Tucson’s minimum wage:
Republican lawmakers are moving to let voters throughout the state override the ability of local voters to set minimum wages for cities.
Legislation awaiting House action this week would ask voters in November to declare that the regulation of employee benefits, including wages, “is of statewide concern.’’ It also says that not just wages but also other compensation, paid leaves, meal breaks and rest periods are “not subject to further regulation by a city, town or other political subdivision of this state.’’
That language, if approved by voters, would be put into the Arizona Constitution.
The proposal would override a 2016 state law, approved by voters by a 58% to 42% margin, that not only creates a state minimum wage higher than the federal figure, but specifically gives cities and towns the right to do more.
A constitutional amendment trumps statutory changes, and the Arizona Constitution can be amended only by voters.
If approved, the measure, House Concurrent Resolution 2031, would most immediately supersede minimum wages already enacted by voters in Tucson and Flagstaff that are higher than the current $12.80 in state law. It would also preclude voters in other communities from following suit and making their own decisions.
This isn’t the only effort to restrict what cities, towns and counties can mandate of local employers.
On Monday, the House Appropriations Committee approved House Bill 2001. It would bar local governments from requiring companies to “alter, adjust or in any way regulate an employee’s labor productivity during working hours.’’
Nicole LaSlavic, lobbyist for the Arizona Lodging and Tourism Association, said this is in reaction to a 2020 bid by Phoenix officials, never enacted, to put into law what private employers can demand of their workers.
In other words, a solution in search of a nonexistent problem. “It could happen” in your imagination is no excuse for this authoritarian bill.
Both measures need full House approval.
What’s behind both are efforts by Republican lawmakers to restrain the activities of local governments — and, most immediately, communities where Democrats outnumber Republicans. They are drawing predictable reactions from three Democratic mayors.
Tucson Mayor Regina Romero pointed out that Proposition 206, the 2016 law setting a state minimum wage, specifically permits higher local options. Based on that, Tucson voters in 2021 approved going to $13 this April and, in steps, up to $15 in 2025.
The Legislature should “stop wasting their time trying to override the will of Tucson voters,’’ said Romero.
Flagstaff Mayor Paul Deasy accused lawmakers of “disrespect’’ for the voters of his community.
He pointed out that residents there approved their own minimum wage the same year voters enacted Proposition 206. Flagstaff’s is now $15.50, with future increases tied to inflation.
“This was not decided by the Flagstaff City Council but by the people of Flagstaff,’’ Deasy said. The action by state lawmakers “shows a complete slap in the face to the people,” he said.
And an aide to Phoenix Mayor Kate Gallego, Jeanine L’Ecuyer, called Arizona “one of the worst states for infringing on local control.’’
* * *
Rep. Regina Cobb, R-Kingman, the sponsor of this year’s proposed constitutional amendment, said statewide intervention is necessary.
“The ability of the cities and counties to adopt geographical specific labor regulations has created an administrative nightmare for small business owners,’’ she said. “Businesses are put at a competitive disadvantage based entirely on what side of the street they are working on.’’
Cobb said she worries it won’t stop with Tucson and Flagstaff.
“It’ll end up in dozens of separate labor standards,’’ she said. Cobb, who operates a dental practice in Kingman, said she would not want to have separate rules for her workers if she were to open an office in Flagstaff.
Cobb also is the author behind HB 2001.
While it cannot affect local minimum wages — that requires the constitutional amendment she is pushing — it would override local control on other labor issues, all without having to seek statewide voter approval. And it could be enacted solely by the Republican-controlled Legislature without having to ask voters what they think.
Contact your state legislators to oppose these bills to overturn the will of the voters in enacting the Minimum Wage Act citizen initiative.
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Regina Cobb does NOT have a dental practice in Kingman anymore. She neglected her patients while politicking, and then sold out, probably while on a junket to Central Asia, considering all the trade Mohave County has with Central Asia. She parlayed her lobbyist years with her buddy Gosar for the Dental Association, into the job of executive director of the dental association. After all, what dentist wants to pay their receptionist a higher minimum wage, with no benefits.