DAVID GOWAN SPEAKER OF THE HOUSE 1700 WEST WASHINGTON. SUITE PHOENIX, ARIZONA 85007?2844 0 PH NE: 662 26. 12 c?iigt 41231333 Jomt LEGISLATIVE AUDIT tomes 16006523494 ?rtzuna E?nnae nf gRepreaenta?uea dgowan@azleg.gov ??immtix, ?tment-ta: 13117 LEGISLATIVE COUNCIL COMMITTEES: RULES TUCSON LEGISLATNE OFFICE 400 WEST CONGRESS. SUITE 201 TUCSON. ARMONA 85?01 TUCSON PHONE: (520) 3986000 TUCSON FAX: {520) 398-6023 DISTRICT 14 March 8, 2016 Hon. Mark Brnovich Arizona Attorney General 1275 W. Washington Street Phoenix, AZ 85007 Dear General Brnovich, I am writing to request that your of?ce investigate allegations that I misused state resources related to business travel during 2015. I recognize that my request is unusual if not unprecedented. However, it is justi?ed in order to preserve public trust in the House of Representatives as an institution and in me as the Speaker. I believe the citizens of Arizona would view your conclusions as unimpeachable, and that the results of your investigation would put these allegations to rest. Since January 8, 2016, some newspapers have reported that during 2015 I used state vehicles for personal rather than of?cial business; that I submitted per diem requests for days that I did not work; that I claimed mileage reimbursement when using state vehicles; and that I sought reimbursement for more mileage than I actually traveled. These reports have created the false impression that I knowingly requested some $12,000 in reimbursements to which I was not entitled. News media quoted the same private attorney, on January 8 and again on February 29, saying that he would soon ?le a formal complaint with your of?ce. Despite these very public statements, such complaints have not materialized. The media continues to portray my actions as improper even to the point of stating that I have committed a ?class 2 misdemeanor? and I continue to wait in vain for a complaint, investigation and ultimate vindication. Meanwhile, the citizens of Arizona are left to wonder what the truth is. I urge you to investigate and provide them with an answer. Please be assured that you will have unfettered but con?dential access to any records you wish to review. I will instruct House Members and employees to cooperate fully and to divulge personal knowledge of relevant facts. I will also furnish you with a memorandum summarizing an internal review of my 2015 travel that I directed House staff to conduct in January. The internal review focused on documentation and personal accounts of all my business travel during the 2015 year. I asked the reviewers to determine Hon. Mark Brnovich March 8, 2016 Page 2 whether I received any improper travel expense reimbursements or per diem payments under A.R.S. 41-1104, and whether my ?eet vehicle rentals were supported by valid House business purposes. When the review concluded, I was surprised and embarrassed to learn that errors in reporting and lapses of communication resulted in a total of $12,066 in over?reimbursements over the course of the year. I repaid that amount in full with personal funds. The errors were errors and nothing more. None of the over-reimbursements re?ects any nefarious intent, despite the cynicism that pervades some of the newspaper accounts. I make this request with great con?dence that your independent investigation will con?rm that. Notably, $9,600 in over-reimbursements was attributable to one problem that recurred throughout the year. My assistant submitted claim forms on my behalf for personal vehicle mileage reimbursements for a dozen trips without realizing that I was actually traveling in a state ?eet vehicle. The mistake did not come to light until the record review because the ?eet rental invoices are received and paid directly by the House accounting of?ce. We have taken steps to ensure that this mistake never recurs. The remaining $3,000 in over-reimbursements is attributable to a number of errors that are likewise negligent at worst. For example, reimbursement claims were submitted on my behalf for the statutory $60 daily per diem for legislative work while I was attending out-of?state conferences. Neither my assistant nor I realized, until staffers reviewed my travel documentation in January 2016 and consulted the applicable statutes, that those statutes only authorize per diem payments when a House member ?acts on a legislative matter, within this state in a county other than his residence A.R.S. I repaid those per diem amounts. Similarly, I repaid ?eet rental amounts (and even a prorated share of ?eet vehicle fuel charges) for days when it was presumed that a ?eet vehicle could have been returned rather than sitting idle in the House parking lot. In all instances I erred on the side of making a repayment. I agreed with the reviewers that the most prudent approach was to repay any reimbursement or charge that we could not conclusively determine many months after the fact was incurred in furtherance of of?cial House business. That decision was made even when the reviewers were forced to rely solely on inconsistent calendar entries which rarely re?ect all the of?cial work I perform or the state business that I attend to. I undoubtedly repaid a more-than?fair amount because my calendar did not re?ect all of?cial business and I could not reliably reconstruct events from many months ago. In addition to repaying the over-reimbursements, I wanted to prevent similar mistakes in the future by other Members and staff. Consequently, I had the reviewers create a written travel policy that re?ected lessons learned. The new travel policy is in writing, in place, and in the forefront of everyone?s consciousness due to mandatory training which was completed in early February. I offer these observations to give you some insight into why I want you to investigate this matter independently and quickly. Allegations of misconduct are more than a mere distraction. They erode the Hon. Mark Brnovich March 8, 2016 Page 3 faith of the people who elected me and the con?dence of the Members who entrusted me with the Speakership. The allegations will continue to damage the House of Representatives generally, and my integrity speci?cally, until they are investigated and disposed of. Accordingly, I ask that you exercise your implied authority under A.R.S. to investigate the allegations, and to make your conclusions public. Very truly yours, 542m David Gowan