Johnson Utilities Asks Tobin to Recuse Himself
SanTanValley.com
Prior to the July 16, 2018 evidentiary hearing regarding water outages, Johnson Utilities LLC filed a “Motion to Disqualify Commissioner Andy Tobin”, claiming that “Tobin must be disqualified from further participation in this matter because he had at least one improper ex parte meeting with Supervisor Goodman discussing alleged water outages & pressure issues at Johnson Utilities – issues that are highly material to deciding whether to impose outside management on Johnson.”
Citing numerous cases Johnson Utilities reminds the court that they are entitled to a “fair hearing” and “impartial decision makers”.
According to the filing, ex parte communications are expressly forbidden under A.A.C. R14-3-113(c)(2) which instructs in no uncertain terms:
“No commissioner or commision employee involved in the decision-making process of a contested proceeding …. shall request, entertain or consider an unauthorized communication concerning the merits of the proceeding …”
