Arizona Supreme Court

William R. Cheatham and Marcus Huey, Plaintiffs/appellees v. Sal Diciccio in His Official Capacity as a Member Of…

September 13, 2016240 Ariz. 314

Summary

The Court held that Phoenix's release-time provisions in its collective bargaining agreement with the police union do not violate Arizona's Gift Clause. Viewed as part of the entire agreement and the City's meet-and-confer framework, the provisions served a public purpose and were not grossly disproportionate to the consideration received by the City. The Court therefore reversed the permanent injunction and vacated the court of appeals' decision. Justice Timmer, joined by Justice Brutinel, dissented, concluding that the provisions subsidized the union without a sufficient public purpose or consideration.