ACC exec out amid concerns of conflict
Wife of panel’s director works at APS-hired firm
The executive director of the Arizona Corporation Commission has resigned after four elected commissioners raised questions about his wife’s work with Arizona Public Service Co.
Commission Chairman Tom Forese and Commissioner Justin Olson suggested Ted Vogt resign for not disclosing his wife’s job. The commission regulates APS and other utilities.
Commissioners had suggested an emergency meeting to discuss whether Vogt was violating state law, but Vogt resigned before that meeting occurred.
In a letter, Vogt told Forese on Monday that his wife, Annie Vogt, works for Veridus, a lobbying firm that the parent company of APS hired to fight a clean-energy ballot initiative. The initiative would require APS and other regulated utilities to get half their power from renewable sources such as solar and wind by 2030.
Forese responded Tuesday with a
letter that requested Vogt’s resignation.
“You were brought into the commission to assist the commissioners with rehabilitating both the structure, administration and image of the commission,” wrote Forese, who is running for re-election this year. “In consideration of the fact that this pecuniary (financial) interest has existed for several months and was not disclosed officially to the commission, I am requesting your immediate resignation as Executive Director of the Arizona Corporation Commission.”
Olson wrote a similar letter to Forese suggesting Vogt “vacate his employment at the Commission” on Thursday.
Commissioners Boyd Dunn and Robert Burns had written similar letters of concern earlier in the week. Commissioner Andy Tobin did not send any communications to other commissioners on the matter. The Arizona Republic acquired these communications Thursday via a public-records request.
Burns and Dunn said Annie Vogt’s position creates a conflict for Ted Vogt under Arizona Revised Statute 40-101. That statute states, in part:
“A person in the employ of, or holding an official relation to a corporation or person subject to regulation by the (Corporation) commission, or a person owning stocks or bonds of a corporation subject to regulation, or a person who is pecuniarily interested therein, shall not be elected, appointed to, or hold the office of commissioner or be appointed or employed by the commission.”
Vogt, reached Thursday, said his resignation letter would be his only statement on the issue.
“It has been my honor to serve in this role and I have strived at all times through my words and deeds to honorably advise the elected members of this public body,” Vogt wrote.
“Unfortunately, I am aware concerns have now been raised that suggest I am conflicted from continuing this role.”
His letter said he had attempted to be “fully transparent” and if his wife’s job was a violation of state or commission regulations, it was unintentional.
“But I also know that perceptions matter,” Vogt wrote. “I would never want to bring undue negative scrutiny upon the ACC that may disrupt or distract from this organization’s important work on behalf of all Arizona citizens.”
Vogt was hired in January 2017. The executive director is selected by the commissioners.
Vogt is a former Air Force intelligence officer who worked as chief of operations in 2015 for Gov. Doug Ducey, and prior to that for Sen. Jon Kyl, Vice President Dick Cheney and Defense Secretary Donald Rumsfeld.
He also served as director of the Arizona Department of Veterans Affairs from 2013 to 2015.
The Clean Energy for a Healthy Arizona ballot initiative supporters turned in signatures Thursday that, if certified, will qualify the measure to go on the November ballot.