DEAN MARTIN

How often does a government official who’s being sued immediately agree with the plaintiffs and ask a judge to revoke a policy? I can’t think of a recent example. But State Treasurer Dean Martin says he’s doing just that in a lawsuit filed by the Arizona League of Cities and Towns to stop a provision of the current state budget that requires municipalities to pony up a total of $30 million. This odd demand was among several ways to increase revenues to the state without raising general taxes sought by Gov. Janet Napolitano and endorsed by the Legislature. Other examples include allowing state agencies to increase their licensing and public access fees, even in the midst of a likely recession, to replace funds cut elsewhere in the budget.

Napolitano and legislative budget negotiators used some strange fundraising methods to bypass what’s called Proposition 108, a voter-approved constitutional amendment that generally requires any attempt by the Legislature to bring in more money to pass by a two-thirds majority. Too many Republicans opposed Napolitano’s approach to hope for such support in this budget.

The League of Cities and Towns claims Prop. 108 still applies, and so the budget’s demand for $30 million is unconstitutional. The lawsuit was filed against Napolitano as head of the executive branch (which generally carries out state laws) and Martin as treasurer because his office would physically receive the cash for deposit. Martin’s involvement is almost perfunctory. But this politically ambitious Republican has been given an opportunity to put more pressure on Napolitano, a Democrat who might soon leave Arizona to be secretary of Homeland Security in President-elect Barack Obama’s administration.

Along with his opposition to sending the cities a bill to help balance the state budget, Martin wrote a letter telling his lawyer to seek court intervention on those other fundraising methods as well.

Depending on how quickly the Arizona courts act, Martin’s move could affect a upcoming special session to again address a budget that’s still not balanced.