121820SB.DOCX

Special Meeting Minutes
Friday, December 18, 2020 Board Members
10:00 AM Clint Hickman, Chairman, District 4
Jack Sellers, Vice Chairman, District 1
BOARD OF SUPERVISORS Steve Chucri, District 2
Maricopa County, Arizona Bill Gates, District 3
(and the Boards of Directors of the Flood Control Steve Gallardo, District 5
District, Library District, Stadium District, Improvement
Districts, Housing Authority of Maricopa County,
Housing Authority of Maricopa County and/or Board of County Manager
Deposit) Joy Rich
Clerk of the Board
"The mission of Maricopa County is Fran McCarroll
to provide regional leadership and
fiscally responsible, necessary Meeting Location
public services to its residents so
they can enjoy living in healthy and Supervisors' Conference Room
safe communities” 301 W Jefferson, 10th Floor
Phoenix, AZ 85003
BOARD OF SUPERVISORS
The Board of Supervisors of Maricopa County, Phoenix, Arizona, convened in Special Session at
10:00 AM on Friday, December 18, 2020, in the Supervisors’ Conference Room 301 W Jefferson,
10th Floor Phoenix, AZ 85003, with the following members present: Clint Hickman, Chairman,
District 4; Jack Sellers, Vice Chairman, District 1; Steve Chucri, Supervisor, District 2
(telephonically); Bill Gates, Supervisor, District 3 (telephonically); Steve Gallardo, Supervisor,
District 5. Also present: Fran McCarroll, Clerk; Joy Rich, County Manager (telephonically); Andrea
Cummings, Legal Counsel (telephonically); Kelly Gardiner, Minutes Coordinator.
1. EXECUTIVE SESSION
Vote to convene in Executive Session to consider the items on the Executive Agenda
dated Friday, December 18, 2020, for Board of Supervisors and relevant Special
Districts pursuant to the statutory authority listed for each item.
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo
Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo
MEETING RECESSED
Chairman Hickman recessed the open meeting for the Board to convene in Executive Session.
MEETING RECONVENED
Chairman Hickman reconvened the meeting in Open Session.
OPEN SESSION
BOARD OF SUPERVISORS ACTION
~ The Chairman asked for agenda item #3 to be taken out of order
and heard before agenda item #2 ~

Special Meeting Minutes
Friday, December 18, 2020
Page 2 of 5
3. AGREEMENT WITH TOWN OF CAREFREE RE: ONE ARIZONA OPIOID
SETTLEMENT
Enter an agreement with the Town of Carefree to receive funds of behalf of the Town
of Carefree and maintain such records to facilitate the One Arizona Memorandum of
Understanding regarding allocation of opioid settlement funds. Carefree is planning to
sign the MOU as long as its funds go to Maricopa County and Maricopa County handles
the record keeping for those funds. (C-19-20-060-X-00)
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo
Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo
2. POSSIBLE ACTION RE: DISCUSSION RELATED TO ELECTION LITIGATION AND
OTHER RELATED ELECTION MATTERS
Take action as directed in the December 18, 2020, executive session regarding Election
Litigation and other related Election matters. (C-06-20-355-X-00)
Chairman Hickman stated the Board would now consider item #2 which was
discussed in Executive Session and asked if there was a motion.
Supervisor Sellers offered the following motion: “I move that we authorize the County
Attorney to respond to the subpoenas issued by the Senate by filing a complaint in
Superior Court and by sending a letter to the Senate as directed in Executive Session.”
The motion was seconded by Supervisor Gates.
Prior to the vote, Supervisor Gallardo expressed his appreciation to all the staff and
volunteers that participated on Election Day, November 3, 2020. Together, the
Elections Department staff and volunteers all contributed to a safe, secure and accurate
election. He stated that Republicans, Democrats and Independents all worked to
ensure that all voters had the right to cast their ballot. He stated that the ballots were
counted and accurately tabulated. Supervisor Gallardo also thanked Tom Liddy, the
County Attorney’s Office, Scott Jarrett, Director of Election Day and Emergency Voting,
and Chairman Hickman for taking the time to sit in a long hearing before the Senate
Judiciary Committee to answer all the questions regarding the Elections process. All
questions asked were answered. He also stated that listeners could go on-line and
review that hearing which lasted more than 6 hours.
Supervisor Gallardo stated he had served in the legislature and still knew many people
there including some on this Committee. He expressed his disappointment with the
Senate Judiciary Chairman who he had served with previously. Supervisor Gallardo
expressed his disappointment that despite extensive questioning, the subpoenas were
issued by this Chairman. He stated that he felt the subpoenas were far out of bounds
in being issued and in the requests being made.
Finally, Supervisor Gallardo addressed the citizens of the County stating that voters
went out on Election Day or mailed their ballots. He felt that the citizens knew that their
vote was safe, secure and modern because at the beginning of 2020 the Board and the
County Recorder, Adrian Fontes, worked in a bi-partisan manner to renegotiate the
agreement between the Board and the Recorder and define all responsibilities and
procedures. The procedures covered the Presidential Preference, the Primary and the
General Elections. Additional resources were secured totaling millions of dollars for
new tabulation equipment to make sure all was safe. There were no complaints on the
elections until 2 days after the General Election. Our Election Officials had to pull of

Special Meeting Minutes
Friday, December 18, 2020
Page 3 of 5
these elections in an unprecedented time – during a pandemic – and they were all
successful.
Supervisor Gallardo continued by stating that it was the largest turnout for the General
Election that the County has ever had, but it was safe and secure. He reminded all that
three Logic and Accuracy tests were completed with bi-partisan participation and all
tests showed no variance from the published results. The election was certified by a
Republican Governor, a Democrat Secretary of State, and a Republican Attorney
General. Everything was done in a bi-partisan manner. He stated that he was in
support of some type of audit and a discussion with all parties and political leaders
when all litigation is complete and legal issues resolved. The audit should be done in
time and should continue to provide faith in the election system, but not be done as a
legislative sideshow. He stated that he supports the motion.
Chairman Hickman thanked Supervisor Gallardo for his comments and asked others if
they wished to comment prior to the vote.
Supervisor Chucri said he had concerns about some of the demands in the subpoenas
such as the requests for personal information including personal residence information
and date of birth. It is important to get clarity on some of these requests to determine
their legality. He also stated that he is in favor of an audit by a certified election auditor
while also noting some of the possible restraints related to ongoing lawsuits. He felt it
would be important to begin to determine the scope of work for an audit. He stated that
he felt that today’s motion should be coupled with information regarding an audit.
Therefore, he stated that he would not be supporting this motion.
Chairman Hickman asked Supervisor Chucri if his vote was “nay” on this motion.
Supervisor Chucri verified that his vote was “nay.”
Supervisor Gates agreed with several comments from Supervisor Chucri. He felt it was
incumbent on the Board to conduct an audit so that people would understand that there
is no attempt to hide anything regarding the election. He is supportive of conducting a
3rd-party audit once the lawsuits are concluded. However, he stated that the issue
before the Board at this point was a subpoena from the Chairman of the Senate
Judiciary Committee. The subpoena asked for a significant number of electronic
documents by 5:00pm. The subpoena was just received a few days ago just after the
Chairman and others went to the Senate and testified about the election process.
Supervisor Gates noted that the subpoenas were extraordinary in the breadth of
information that was being requested. He felt that much of the information requested
was private information of individual voters. As a Conservative, he stated that he would
fight to protect that information. He said that he would be supporting the motion so that
they could get clear direction from the courts regarding the information being requested.
He stated that he knows all members of the Board agree they have a solemn duty to
protect that information. He felt that the Senate committee had not been clear about
what they plan to do with the information, therefore, he felt it was important to have a
court step in and clarify how certain information may be used. He said he would be
supportive of the motion in order to get clarity from the court. He added that he was
supportive of the measures currently undertaken by the County and would be
supportive of a 3rd party audit. He felt that there could be additional lessons learned in
the 3rd party audit that would be put in place in the future following the principles of
continuous improvement.

Special Meeting Minutes
Friday, December 18, 2020
Page 4 of 5
To clarify, Chairman Hickman asked if Supervisor Gates’ vote was “aye” on the motion.
Supervisor Gates stated that yes, he was an “aye” vote on this motion.
Chairman Hickman then asked for comments from Supervisor Sellers.
Supervisor Sellers stated that he agreed with the comments from the other Supervisors.
He stated that the election was handled in a fair and honest way during a very
challenging time. Because of all of the legal challenges, it has been difficult to try to
address some of the issues in the transparent way that the Board would like to. We
want to provide the information openly, and in the public to prove that the election was
best in class. He concluded by stating that his vote was “aye.”
Chairman Hickman noted that he had a hand in writing a letter back to the legislative
leaders as some of the concerns were unfolding. He stated he was grateful to be able
to address both Houses of the legislature at the same time. He then thought he would
be addressing both Houses, but it turned out to be only the Senate. With the help of
Mr. Liddy and Mr. Jarrett they addressed the same questions about the canvass of the
election. The questioning lasted for 6 hours. All did they best to give the Committee
members the full scope of all of the measures taken by the County to make sure the
election was handled in a fair and safe manner. None the less, they sent subpoenas
after all that questioning.
The Chairman stated that he had a letter that he had written to the Senate President
that he hoped would get all to all of the members quickly. He then stated, “I have been
clear to the public and the legislature a forensic audit will be done, but not while there
is active litigation. I believe these subpoenas are unrealistic and their timeframes an
intrusion into the privacy of our voters and want us to disregard the very statutes that
were created. Make no mistake, I have a great feeling that that this Board is willing to
do an audit. I have heard it now from all of my colleagues, but that is not what this is
about right now. There are real constitutional issues with these subpoenas. I look
forward to when we can get some clarification from the court so that we can move
forward with an audit and other things if the court deems it appropriate within the
statutes and authority of the Maricopa County Board of Supervisors.”
The Chairman told the Board that he would do his best to put options in front of the
Board that will get clarity, consistency, confidence and trust back into the elections. It
is difficult to deal with all of the messages that come across on Twitter and other
messages. Unfortunately, we will have to continue to work on this over the Christmas
time, but the goal is to bring confidence and trust back into the election process. With
those comments the Chairman voted “aye” to the motion and stated that the Board has
voted 4 (ayes) to 1 (nay) to direct Mr. Liddy and the team to follow through with the
directive.
The Chairman also stated that he is passionate about the election team and sometimes,
things need to be done to verify that all went perfect in these three elections during a
pandemic.
The following motion was made by Supervisor Jack Sellers: “I move that we authorized
the County Attorney to file a Complaint in response to the subpoenas issued by the
Senate and to write a letter to the Senate as directed in Executive Session”. Motion was
seconded by Supervisor Bill Gates
Ayes: Clint Hickman, Jack Sellers, Bill Gates, Steve Gallardo
Nays: Steve Chucri

Special Meeting Minutes
Friday, December 18, 2020
Page 5 of 5
~ Agenda item #3 was taken out of order and heard after agenda item #1 ~
3. AGREEMENT WITH TOWN OF CAREFREE RE: ONE ARIZONA OPIOID
SETTLEMENT
Enter an agreement with the Town of Carefree to receive funds of behalf of the Town
of Carefree and maintain such records to facilitate the One Arizona Memorandum of
Understanding regarding allocation of opioid settlement funds. Carefree is planning to
sign the MOU as long as its funds go to Maricopa County and Maricopa County handles
the record keeping for those funds. (C-19-20-060-X-00)
MEETING ADJOURNED
There being no further business to come before the Board, the meeting was adjourned.
______________________________
Clint Hickman, Chairman of the Board
ATTEST:
____________________________
Fran McCarroll, Clerk of the Board