State budget talks stall as suit is threatened

Gov. Jan Brewer was poised to file a lawsuit this morning against her fellow Republicans in the Legislature, arguing that they are in violation of the state constitution by refusing to send to her desk a nearly two-week-old GOP-approved budget.

Brewer said she is likely to veto the plan because of its cuts to K-12 education and state health-care services for the poor.

But while the package is being held in the state Senate, Brewer contends it's time for it to come to her desk for a potential veto — something she suggested might move stalled negotiations along.

Republican leaders said they have no plans to do that, as it would likely result in their budget dying.

The lawsuit threat followed a weekend of negotiations between Brewer and GOP leaders in her office at the Capitol. They fell apart Sunday evening when, according to the governor, Senate President Bob Burns, R-Peoria, made a dramatic exit, "stunning" those in the room.

As a result, what had been a mostly behind-closed-doors process became a public fight Monday morning after Brewer called a press conference to criticize the Republicans for sitting on their budget. And she said she has been willing to wait and negotiate. But with Burns' move, she's ready to change course.

Brewer accused Burns of holding "the entire state hostage."

"He has a responsibility to send me those bills so we can move to the next step in the budget process," she said.

But in a press conference of his own, Burns had a much different account. He acknowledged that he left the meeting, but he said that didn't mean he was done negotiating.

"When things bog down in negotiations, sometimes one of the parties gets up and leaves," Burns said. "I just did not feel like we were making any headway."

Burns said Brewer's bringing a third branch of government into the budget debate — the Arizona Supreme Court — would only delay and obstruct the process.

House Speaker Kirk Adams, a Mesa Republican the governor had kinder words for, said Burns did not give up on negotiating. He called the governor's action "perplexing."

But Brewer said Burns had clearly walked out.

"I have been at many tables negotiating," Brewer said. "I know when somebody is going home to go to sleep and when somebody has said, 'It's finished.'

"It was perfectly clear that it was over," she said. "It was finished."

While legislative leaders and Brewer said they are interested in continued negotiations, it was unclear Monday when those discussions would restart — especially with Brewer's anticipated lawsuit. She said Monday afternoon that she was considering delivering it to the court herself.

"Send me the bills," Brewer chanted at a small briefing with reporters later in the day, raising her voice. "Send me the bills."

The Arizona Constitution says the Legislature must transmit bills to the governor. But it does not specify how long they can wait.

Brewer said that with time ticking until a possible government shutdown on July 1 — which she is preparing for — the Legislature is running out the clock.

In another significant development, Brewer said she was willing to concede on one major item: her push for temporary sales-tax revenue to be used in the 2010 budget. She'd still like a tax increase to be approved this year, but revenues wouldn't need to be used in the next fiscal year, 2011.

Brewer said discussions broke down when she would not agree to the Republicans' proposed cuts to K-12 education and other state services, such as health care for the poor.

"I will not decimate education, nor will I ever let state government fail the most vulnerable of our society, children and the elderly," she said during the press conference.

The Republicans are hoping to persuade Brewer to accept their approved budget — potentially with some minor adjustments — if they institute elements of her five-point budget plan, including a temporary tax increase and future spending limits.

But Brewer has criticized their approach.

Despite the harsh dialogue Monday, Burns said Monday that he was interested in continuing discussions with Brewer.

"We are continuing to work," he said. "We believe there's a solution to this problem."

Brewer said in that if agreement isn't reached, she is preparing for a government shutdown.

"I believe it is a disaster if they don't get a balanced budget up to me that I can approve," she said.

"When things bog down in negotiations, sometimes one of the parties gets up and leaves. I just did not feel like we were making any headway."

Bob Burns

Senate president