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

Summary

The Arizona Supreme Court held that the challenged police-union release-time provisions in Phoenix’s collective bargaining agreement do not violate the Gift Clause. Viewing the agreement and the City’s meet-and-confer ordinance as a whole, the Court found both a public purpose and consideration that was not grossly disproportionate to the City’s payments. Justice Timmer, joined by Justice Brutinel, dissented and would have upheld the injunction because the provisions subsidized private union activities without sufficient public-purpose limitations or measurable consideration.