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Ethics committee might investigate Navarrete

State Sen. Tony Navarrete, who has yet to resign several days after he was charged with multiple felony child sex crimes, now faces a potential Senate ethics investigation and additional allegations of sexual harassment. 

On Monday, Sen. Kelly Townsend, R-Mesa, asked the Senate ethics committee to investigate the charges against Navarrete, as well as his past support of legislation to teach age-appropriate sex education to younger children. He was charged Friday with seven different felony counts of child sex crimes, allegedly committed over the course of several years with two teenage boys.  

Senate President Karen Fann and Democratic leader Rebecca Rios also issued a joint statement again calling on Navarrete to resign his state Senate seat.  

“The circumstances and serious nature of the felony charges faced by Senator Navarrete provide an untenable distraction from his role as an elected official and public servant for District 30,” they said. “The Senator also now faces a Senate ethics complaint, and no one benefits from any further delay in his ultimate resignation.” 

Townsend said that as a mother, she’s not willing to wait for Navarrete to resign. The probable cause statement released by police includes the summary of a taped call one of the boys had with Navarrete in which he admitted and apologized for the abuse, and Townsend said that’s more than enough proof to remove him from the Legislature.  

“I don’t think someone with these types of accusations and taped confession deserves a single day longer in the Arizona Legislature, and I hope that we move swiftly to get this taken care of,” she said during a news conference. 

Under Senate rules, ethics committee chair Sen. Sine Kerr, R-Buckeye, will receive the complaint and decide within the next few days whether to move forward with an investigation. The ethics committee can meet and conduct an investigation while the Legislature is out of session, but any action, such as expulsion, would have to wait until the Legislature is back in session.  

“Senator Navarrete is facing serious felony charges,” Kerr said in a statement. “He should resign from the Senate. In the meantime, the Senate Ethics Committee will follow its process.” 

An ethics committee investigation would be made difficult because of the ongoing criminal investigation, said Sen. T.J. Shope, a Coolidge Republican who chaired the House ethics committee when it investigated former Rep. David Stringer over Stringer’s past alleged sex crimes against minors. The Stringer investigation revolved around a closed case from decades earlier.  

“Anything the Senate does right now could conflict with a criminal investigation,” Shope said. “That makes it quite a bit different, really.” 

Townsend said she doesn’t expect Gov. Doug Ducey to call the Legislature back into special session immediately to vote to expel Navarrete, but she hopes he does if the ethics committee recommends it.  

Her complaint includes a request to investigate whether there have been any other allegations, including sexual harassment of a co-worker or subordinate, and what was done to rectify the situation.  

Over the weekend, political organizer and former progressive state House candidate Gilbert Romero shared publicly that he had been sexually harassed several times by Navarrete, describing “behaviors that made me feel extremely unsafe, uncomfortable, objectified and embarrassed in public in front of others.” 

In his statement and in a subsequent interview with the Arizona Capitol Times, Romero said he wasn’t ready to share the details of his interactions with Navarrete, but that he and other friends were harassed. When he tried to talk to others about the harassment, he said, they downplayed it.  

Romero said he didn’t push the issue at the time, but he felt he had to speak up this weekend after learning that Navarrete didn’t prey only on adult men. 

“I wasn’t on a crusade to ruin careers,” he said. “I wasn’t on a crusade to ruin anything.” 

Navarrete was openly gay and a member of the Legislature’s LGBTQ caucus. National conservative media and state Sen. Wendy Rogers, R-Flagstaff, have repeatedly claimed that Navarrete’s sexuality is somehow connected to his alleged crimes, and Romero said he also felt the need to speak up as a gay man.  

“As a proud gay man myself, I am no stranger to unfair, ungrounded and just false assumptions of being a pedophile,” he said. “As a gay man, I wanted to show others that his victims weren’t just allegedly children. They were other men too.” 

Another portion of Townsend’s complaint questions whether Navarrete “used state resources to advance the effort to expose minors under the age of 12 to sexual content, to include such content in the public school system.”  

Conservative parents, lawmakers and activists have spent the past several years attacking Democratic politicians over sex education, especially after a bipartisan group in 2019 succeeded in repealing a 1991 law that prohibited teaching about homosexuality while educating students on AIDS and HIV. The AIDS and HIV instruction was a federal mandate, but Republicans at the time wanted to avoid doing anything to promote a “homosexual lifestyle.”  

Since the 2019 repeal, Republican lawmakers have introduced a series of restrictive sex education bills. Navarrete has spoken passionately against many of them, while simultaneously supporting Democratic sex ed bills, including one he sponsored this year to mandate “medically accurate” and “age-appropriate” sex education for students in kindergarten through 12th grade. 

Proponents of those bills say they’re intended to help younger children learn about concepts such as “safe touch,” helping them set boundaries and recognize whether they’re being abused. Opponents of the legislation view it as sexualizing young children, and Townsend cited those parents in explaining that part of the complaint.  

“They’re concerned about this effort on his part to put sexuality and those types of things in the early grades of school,” she said. Those who are concerned with the motivations of those people pushing this at such a young age of innocence, it has just deepened their concern and they want to make that statement that sexual exploitation of a child is not tolerated.”  

While pressure mounts for Navarrete to resign, there may be legal tactics at play in Navarrete’s delay the resignation or refuse, according to attorney Kory Langhofer.   

Langhofer, a prominent GOP attorney, represented former Maricopa County assessor Paul Petersen when he appealed his 2019 suspension from his elected post over criminal child trafficking charges.  

More often than not, public officials who are accused of a crime don’t resign immediately, he said.  

“When a public official is accused of a crime, they expect they’ll have a chance of successfully defending themselves,” he said. “And so, they don’t want to give up their office before their guilt is determined, and they’re also worried that resigning is generally perceived as an implicit admission of wrongdoing.”  

Some public officials wait until there’s a conviction, while others wait at least a few months. Petersen resigned in January 2020, three months after he was charged but before his conviction later that year. Former lawmaker Ben Arredondo, a Democrat convicted of fraud in 2012, resigned his seat as part of a plea agreement.  

-Staff writer Kyra Haas contributed reporting 

Editor’s note: A previous headline for this story erroneously reported the ethics committee would investigate Tony Navarrete, when actually, the decision to investigate has not been made. 

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