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3. APPOINTMENT OF OUTSIDE COUNSEL TO REPRESENT MARICOPA COUNTY BOARD OF SUPERVISORS IN THE MATTER OF CV2008-033194 (THOMAS AND ARPAIO VS. MARICOPA COUNTY BOARD OF SUPERVISORS) Approve a motion to acknowledge that the Board of Supervisors' appointed attorneys in CV2008-033194 (Thomas and Arpaio vs. Maricopa County Board of Supervisors), Shughart, Thomson & Kilroy, PC and Mr. Thomas Irvine (collectively "STK"), were also sued in CV2008-033193 (Thomas v. STK, Irvine and Romley), that the Board has been fully informed as to these matters, has been advised to seek independent legal counsel on the question, considered if a conflict was created for STK, as such does not see any conflict with STK continuing its representation of the Board in CV2008-033194, and if such conflict does exist affirmatively waives such conflict. (C-06-09-257-M-00)

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A-1. RESCIND PREVIOUS BOARD ACTION AND ACKNOWLEDGE ATTORNEYS APPOINTED TO REPRESENT THE BOARD IN CV2008-033194 (THOMAS AND ARPAIO VS. MARICOPA COUNTY BOARD OF SUPERVISORS ) Rescind the action taken on January 21, 2009 (C-06-09-257-M-00) relating to this same topic, and approve a motion to acknowledge that the attorneys appointed by the Board of Supervisors to represent the Board in CV2008-033194 (Thomas and Arpaio vs. Maricopa County Board of Supervisors), Shughart, Thomson & Kilroy, PC (now Polsinelli Shughart, PC) and Mr. Thomas Irvine (collectively " PS ") as well as Maricopa County employee Richard Romley ("Romley"), were sued in CV2008-033193 (Thomas v. PS , Irvine and Romley); that the Board has been fully informed as to these matters; has been advised to seek independent legal counsel on the question of whether the suit against PS and Romley causes a conflict of interest in PS continuing to represent the Board and Romley continuing to advise the Board; with full disclosure of the risks associated with granting a waiver of the conflict, including the possibility that PS might have to withdraw from representing, and/or Romley might have to no longer advise the Board in the future; as such does not see any conflict with PS and/or Romley continuing its representation and/or consultation of the Board in CV2008-033194, and if such conflict does exist, affirmatively gives its informed consent to waive such conflict. (C-06-09-257-M-01)