The Arizona Republic

Just what is Rep. Thorpe trying to hide from us now?

- Laurie Roberts Columnist Arizona Republic USA TODAY NETWORK

It appears that Rep. Bob Thorpe has moved on from his grand plan to prevent college students from voting in his elections.

And from his genius scheme to prevent universiti­es from preventing any talk that might promote “social justice toward a race, gender, religion, political affiliatio­n, social class or other class of people.”

Now the Thorpedo has launched his latest incoming bad idea: He wants to prevent you from knowing what he’s up to.

Thorpe is one of the Legislatur­e’s extreme members. If there’s a kooky idea out there, his name is likely on it.

Consider his bill designatin­g American free-market capitalism as the state’s official political-economic system (House Bill 2277). Me? I wasn’t aware that Arizona was in danger of tossing aside free-market capitalism.

But Thorpe wants to protect the evidently fledgling concept by banning the use of public money to promote anything that opposes free-market capitalism. This to protect us from “an alarmingly high percentage of individual­s under 40 years of age who appear to not understand” the negative impacts of socialism, fascism and communism.

Then there’s his bill to protect himself from ... us.

Thorpe has introduced a bill that would allow him to hide public records stored on his personal cellphone, computer or social media accounts.

Thorpe, a Flagstaff Republican, believes that public officials ought to be able to conduct state business on the sly as long as they’re using their own phones and computers.

“If I’m paying the monthly phone bill on my personal device, I think those records ought to belong to me,” he told Capitol Media Services’ Howard Fischer.

And I’m thinking, Rep. Thorpe, if you’re using your personal phone to try to impose yet another one of your kooky ideas on the rest of us, the rest of us have a right to know about it.

To rely on the state’s Public Records Law, which says public records are public. Period.

Thorpe told Fischer he introduced House Bill 2265 because there are “conflictin­g and confusing court rulings” on the subject of whether public business conducted on a private phone is public.

He may be confused. I’m not, and you shouldn’t be either.

In 2007, the Arizona Supreme Court ruled that the content of a record is what governs whether it is public or private — not the device on which it is stored. The vote was unanimous.

In 2016, the state ombudsman, Dennis Wells, advised that texts are just like any other record. “If the text message is made or received by a public employee or official in connection

with the transactio­n of public business, it is a public record.”

Not even a month ago, the Arizona Court of Appeals ruled in a case involving Department of Public Safety officers who communicat­ed via text message on their personal phones while working at the scene of a traffic accident.

Cue Appellate Judge Paul McMurdie: “A public employee’s private cellphone records become public records subject to disclosure if a public requestor establishe­s the employee used the cellphone for a public purpose.”

That seems pretty clear to me. Just as it seems pretty clear that Thorpe is annoyed that you might be able to find out what he’s up to.

For example, his bill to cap the salaries of state employees (HB 2273). Or his push to snag a massive pay raise for himself (HCR 2016). Or his proposal to try to boost his daily per diem expense pay. (HB 2275).

If this is the stuff he’s working on that we can see, can you imagine what he’s doing that he doesn’t want us to see?

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