Arizona’s sunset review process is designed to hold state agencies accountable, ensuring they fulfill their missions effectively and efficiently. However, the current debate over whether these reviews are being weaponized in our divided government misses a critical point – the real risk isn’t that sunset reviews are too harsh under divided government, but that they’re toothless and ineffective under unified government.

During periods of divided government, as we have now, the Legislature actively scrutinizes agency performance. Reports by the auditor general are taken seriously, and legislative committees hold agencies accountable for their shortcomings. 

This fosters oversight and ensures state agencies operate transparently and efficiently. However, when the same party controls both the executive and legislative branches, as we saw during the Ducey administration, the sunset review process becomes a formality, with little to no meaningful oversight.

The Arizona Auditor General’s Office plays a vital role in identifying agency deficiencies. Their reports are comprehensive and independent. For example, auditor general reviews revealed systemic failures in the Arizona Department of Health Services’ nursing home complaint investigations during the Ducey administration.

The 2019 report highlighted unacceptable delays in investigating complaints, putting vulnerable residents at risk. The follow-up review found that the agency had reclassified 98% of high-risk complaints as low risk to give the appearance they had been making process and performance  corrections. They cooked the books.

Despite the severity of these findings, the legislative review process during the Ducey administration ignored these issues, allowing the problems to persist unchecked.

Auditor General’s Office Produces Scathing Review of ADHS’ Nursing Home Complaint Investigations During the Ducey Administration 

This lack of accountability during unified government is a systemic issue. The legislative review committees, dominated by the governor’s party, often dismiss auditor general findings as unimportant or inconvenient. Instead of using these reports to drive meaningful reform, they rubber-stamp agency operations, creating a dangerous lack of oversight.

In contrast, divided government forces a more rigorous review process. Legislators from the opposing party are motivated to scrutinize the executive branch’s performance, often shining a much-needed spotlight on agency performance. 

For example, recent debates over agencies set to expire in 2025, as reported by the Arizona Capitol Times, demonstrate how divided government can lead to shorter leashes for underperforming agencies. 

Agencies set to expire in 2025 will likely get ‘shorter leashes’ 

Arizona Capitol Times

While this heightened scrutiny may feel harsh, it benefits the public by ensuring agencies are held accountable for their actions — or inactions.

The current criticisms of the sunset review process overlook this critical dynamic. Democrats argue that the process is being weaponized, jeopardizing agencies’ ability to function effectively. While this concern is valid, it’s outweighed by the risks posed during unified government, when legislative oversight becomes nonexistent.

To strengthen the sunset review process and ensure it works effectively regardless of the political landscape, Arizona needs structural reforms. These could include mandatory legislative hearings on findings by the Auditor General’s Office, regardless of the political composition of the government, independent oversight boards to review agency performance, and increased funding for the Auditor General’s Office.

Such measures would create a consistent framework for accountability, ensuring agencies are held to the same standards whether the government is unified or divided.

The real danger of Arizona’s sunset review process isn’t that it’s too harsh under divided government — it’s that it becomes a rubber stamp under unified government, as was the case during the Ducey administration. 

Without robust oversight, agencies can fail the very people they are meant to serve. Ensuring meaningful accountability should be a bipartisan priority, safeguarding the public interest no matter who holds power.

Will Humble is executive director of the Arizona Public Health Association and served as director of the Arizona Department of Health Services from 2009 to 2015.