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![handle is hein.sag/sagaz0116 and id is 1 raw text is:
MARK BRNOVICH
OFFICE OF THE ATTORNEY GENERAL
STATE OF ARIZONA
January 30, 2020
Maria Harper-Marinick, Chancellor
Leslie Kyman Cooper, General Counsel
c/o Lynne C. Adams
Osborn Maledon, P.A.
2929 N. Central Ave.
Phoenix, AZ 85012
Re: Opinion Request No. R19-021; Opinion No. 120-001
Pursuant to A.R.S. § 15-1448(H), and after receipt and review of the enclosed opinion to the
Chancellor and General Counsel of the Maricopa County Community College District (the
Opinion), the Attorney General hereby concurs in the analysis section, which is set forth on pages
6-11, as well as the ultimate conclusions reached based on that analysis: (1) the Faculty Association
is an elected employee representative organization for purposes of A.R.S. § 15-1444(A)(7); (2) the
eligibility of Faculty Association members for reassigned load hours and the opportunity to provide
input on working conditions and governance constitute more favorable terms and conditions of
employment for purposes of A.R.S. § 15-1444(A)(7); and (3) provision of these more favorable
terms and conditions violates A.R.S. § 15-1444(A)(7).
Without analysis, the Opinion accepts as undisputed that the activities in question are being
performed for the District's benefit, and thus are not prohibited by § 15-1444(A)(7)'s prohibition
of compensat[ing] an employee for work performed on behalf of an elected employee representative
group. Opinion at 4. To the extent that the Opinion expresses any legal opinion on this underlying
assumption in its analysis or conclusions, the Attorney General declines to review that aspect of the
Opinion.
MARK BRNOVICH
Attorney General
Enclosure
CC: Hon. Kathy Hoffman, Superintendent of Public Instruction
2005 NORTH CENTRAL AVENUE, PHOENIX, A-IZONA 85004 *PHONE 602,542.4266 FAX 602542.4085 WWWAZAO.GOV](ViewImageLocal?handle=hein.sag/sagaz0116&div=1&collection=&method=preview&ext=.png&size=3)