Bitter Smith received significant media attention regarding a complaint filed against her with Arizona Attorney General Mark Brnovich for conflict of interest. On September 15,2015,in an article titled "Susan Bitter Smith Should Resign," the Arizona Republic wrote,"The Susan Bitter Smith death watch has officially begun." [13] Bitter Smith announced she would be resigning from the Commission effective January 4,2016. [14]
Bitter Smith has lobbied for the telecommunications industry,but also regulated the telecommunications industry. [13] Bitter-Smith defended her position:
Bitter Smith is listed as a lobbyist for the cable industry and the telecommunications industry in the Arizona Capital Times Book of Lobbyists for years 2013,2014 and 2015. She joined the Corporation Commission,which regulates the telecommunications industry,in 2013. [13] [16]
Attorney General investigation
As of 2015,the Arizona Attorney General's office began investigating a complaint that seeks to have Bitter Smith removed from the Arizona Corporation Commission due to conflict-of-interest issues. As chair of the commission,Bitter Smith was in charge of regulating the telecommunications industry. At the same time,she worked as a lobbyist for the industry. [17]
In addition to serving on the Arizona Corporation Commission,Bitter Smith managed her own public relations firm called Technical Solutions. In 2015,she served as a lobbyist for the Scottsdale National Golf Club. The golf club wanted a zoning change that would require the Arizona Public Service Company (APS). to move a half-built electrical substation. APS is regulated by the Arizona Corporation Commission. (Bitter Smith was the chair of the commission). [17]
Due to Bitter Smith representing the golf club while simultaneously serving as chair of the Corporation Commission,Arizona attorney Tom Ryan filed a complaint against her with the Arizona Attorney General's office,seeking to have her removed from the commission. [17]
During her lobbying efforts,Bitter Smith contacted residents in the affected neighborhood,along with the neighborhood's homeowner's association,located near the electrical substation. A member of the homeowner's association told Arizona's NBC Channel 12 news:
She treated us like we were morons. [18]
In the Channel 12 TV story,reporter Brahm Resnik said:
This is a very serious allegation. A public official who is elected to oversee APS is accused of clearing the way for an APS power station—not for the public's benefit,but for the benefit of her paying client. That alleged conflict of interest could cost Susan Bitter Smith her job. [18]
She announced her resignation on December 17,effective January 4,2016. [14] After resigning her position over the alleged conflict of interest,Bitter Smith was not have charged by the Office of Attorney General. Citing his own real conflict of interest,Andy Tobin,Governor Doug Ducey's nominee to replace Bitter Smith on the Commission,said he would not vote on certain utility issues,having confirmed that his son-in-law works for Solar City,an electric utility the Commission regulates. Recusals on electric utility issues before the Commission could very well result in deadlocked votes and null decisions.
Brnovich had said,"There has to be somebody in the state who is willing to do the hard cases,to do the hard thing,even though it may be challenging personally or professionally,and that's to hold other public officials accountable," adding,"If it's not the attorney general's office,who is it?" [19]
