The Arizona Attorney General’s Office has opened an investigation into the Benson Planning & Zoning Commission over alleged violations of the state Open Meeting Law tied to the commission’s handling of a Conditional Use Permit for Aluminum Dynamics, Inc. (ADI), according to a Dec. 11, 2025 inquiry letter from the Office’s Open Meeting Law Enforcement Team.
The letter, signed by Senior Litigation Counsel Mary M. Curtin, says the Attorney General’s Office received multiple complaints stemming from the commission’s Nov. 6, 2024, meeting when the permit for ADI — which intends to build a facility in Benson to process aluminum scrap into recycled aluminum ingots — was reviewed and approved. Among the allegations, complainants say the meeting agenda did not adequately describe the project or alert the public that the commission would consider conditions beyond a height variance, that meeting minutes were not prepared in a timely manner, and that the commission began the meeting at 5:00 p.m. rather than 7:00 p.m. as required by its bylaws.
Additional complaints focus on a July 7, 2025, public meeting. Those allegations include failing to provide an agenda packet at least 24 hours before the meeting, calling items in a different order than listed on the agenda, not voting on a proposed amendment to the commission’s bylaws, approving the Nov. 6, 2024, minutes via the consent agenda, and limiting public comment by threatening removal of attendees.
The AG’s letter also raises other concerns: that a Nov. 1, 2024, “Citizen Review Session” about the ADI project was improperly noticed and created public confusion about when the permit would be considered; that commissioners may have engaged in nonpublic discussions with ADI representatives at a Sept. 10, 2024, meeting; and that the commission’s 2025 bylaws removed a numerical quorum definition, stating only that “a quorum shall be present.”
The Attorney General’s Office requested a written response addressing the Open Meeting Law allegations within 30 days of the Dec. 11 letter, and asked the commission to explain its notice process for Citizen Review Sessions, state whether it believes such sessions must comply with the Open Meeting Law, identify commissioners who attended the Nov. 1 session, and provide copies of the commission’s operative bylaws. The letter warns that “a failure to timely respond to this letter may result in the finding of a violation(s), imposition of penalties, and/or further legal action against the Benson Planning & Zoning Commission.”
The inquiry was sent to the commission c/o Mayor Joe A. Konrad. The letter cites A.R.S. § 38-431.06 as the statutory authority for the investigation.
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