Although listed on the governor's webpage as an "Office of the Governor," the Arizona Mexico Commission is not a "commission." It is, in fact, a private, not-for-profit, 501(c)(4) advocacy organization. The organization's offices are in the same state-owned office building that houses the governor's office. Executive Director Grady Harn says that the organization is in a "public/private partnership with the state of Arizona."
On Dec. 6, 2007, these three questions were asked of the governor's director of communications, Shiloh Mitchell:
Is there a written agreement defining the public/private partnership with the Arizona Mexico Commission?
How much rent does the AMC pay to the state of Arizona for its office space?
Does the state of Arizona provide funding to the AMC?
The governor's office refuses to answer these questions.
Not-for-profit advocacy groups are created to advocate for or against public policy. The AMC is designed to do just that. These groups are supposed to be private organizations, funded by private donations. The AMC, however, relies heavily on public funds to advocate for public policy. The list of annual sponsors includes several state departments, Arizona cities and other agencies of government. Sponsorship fees range from $1,250 to $12,500 per year. The organization works through 14 committees, 12 of which are chaired by an official of Arizona state government.
There is a similar organization located in Sonora, Mexico. Twice a year, these two organizations convene a multi-day conference to coordinate their work. The governor's calendar included two days in November to participate in this conference.
There is also an "Office of Sonora" situated in the governor's office. Luis Burbon occupies this office, but his salary and the salary of his assistant are paid by the government of Sonora. Yet, this office cost Arizona taxpayers $108,166 in 2007. The Sonora government provides a similar office in Mexico for an Arizona government employee. This office was created by the Legislature in 1993 by S.B. 1120 expressly to "promote a greater understanding and facilitate the implementation of the North American Free Trade Agreement." Mr. Burbon says he doesn't work with NAFTA. "That's at the federal level," he says. He says his work is helping Mexicans who need help in Arizona and helping Americans who need help in Mexico.
This structure closely mirrors the structure of the Security and Prosperity Partnership between Canada, Mexico and the United States. The SPP is organized around 10 working groups. Members of the working groups are appointees of each government. Both the AMC and the SPP committees and working groups are working to "harmonize" and "integrate" rules and regulations across the border.
Arizona's governor was among the first in the nation to agree to implement what's called the "RealID" program of the Department of Homeland Security. This program includes a "Western Hemisphere Travel Initiative" that provides a specialized driver's license that contains electronic "personal identification features." This "enhanced" driver's license will allow holders to cross borders as easily as "speed-pass" credit card holders pay for a McDonald's hamburger.
There is also discussion among the AMC committees to create reciprocal arrangements for teachers and real estate agents. This "integration" initiative is similar to the "integration" of Mexican trucks on U.S. highways, which is now a reality, despite years of congressional objections.
Herein lies the danger of this policy "integration" by appointed officials: The elected representatives of the people are bypassed. Proponents of this new policymaking process are quick to point out that the governor and the president are elected and therefore are the people's representatives. These two executive officers are, indeed, elected. But their function is to propose policies for legislative consideration and to implement the policies enacted by the legislative branch. Policies created by the executive branch are inherently self-serving. The principle of separation of powers built into the U.S. Constitution should also apply to state and local governments. When the executive branch bypasses the legislative branch and creates policies of its own, accountability is lost, and ultimately, the people suffer.
Both the AMC and the SPP evolved as the result of good intentions by honorable people – probably. Legislatures can be severe obstacles for executives to overcome. It is natural for creative people to seek ways to bypass whatever obstacles may be encountered. Congress has not yet come to grips with the fact that they have been out-maneuvered by the executive branch with the creation and implementation of the SPP.
Arizona legislators, however, are quite concerned about the extent of "harmonization" and "integration" of public policy that may be going on through the AMC – without legislative oversight and approval.
Chances are better than good that the questions the governor has, so far, refused to answer will be asked, officially and formally, by Arizona legislators – and by an army of Arizona citizens who want accountability from their officials.
