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2025 Op. Ariz. Att'y Gen. 1 (2025)

handle is hein.sag/sagaz0126 and id is 1 raw text is: 








                               STATE   OF ARIZONA
                     OFFICE   OF THE  ATTORNEY GENERAL


     ATTORNEY GENERAL OPINION                            No. 125-001
                                                          (R24-020)
                    By
                                           Re: Seating fire district board members under
              KRIS  MAYES                             A.R.S. § 48-803(G)
          ATTORNEY GENERAL

             January 24, 2025


To:   The Honorable Mitzi Epstein
       State Senator
       1700 W. Washington Street
       Phoenix, Arizona 85007

       The Honorable Lauren Kuby
       State Senator
       1700 W. Washington Street
       Phoenix, Arizona 85007


                                 Question Presented

       Should all newly elected members of Arizona fire district boards be seated on the first day

of the month following their election under A.R.S. § 48-803(G)?

                                 Summary   Answer

      Yes, although § 48-803(G)'s seating-date provision can now be read as applying to only a

subset of fire districts following a 2014 amendment, there is substantial textual evidence that this

gap arises from a drafting error. And in any event, absent other statutory guidance, seating all

newly elected members on the first day of the month following their election (i.e., December 1

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