120920SBEMERG & 121020 SBEMERG.DOCX
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Special Emergency Meeting Minutes Wednesday, December 09, 2020 Board Members 2:15 PM and Clint Hickman, Chairman, District 4 Thursday, December 10, 2020 Jack Sellers, Vice Chairman, District 1 11:30 AM Steve Chucri, District 2 Bill Gates, District 3 Steve Gallardo, District 5 BOARD OF SUPERVISORS Maricopa County, Arizona (and the Boards of Directors of the Flood Control County Manager District, Library District, Stadium District, Improvement Joy Rich Districts, Housing Authority of Maricopa County, Housing Authority of Maricopa County and/or Board of Clerk of the Board Deposit) Fran McCarroll Meeting Location "The mission of Maricopa County is Supervisors' Conference Room to provide regional leadership and fiscally responsible, necessary 301 W Jefferson, 10th Floor public services to its residents so Phoenix, AZ 85003 they can enjoy living in healthy and safe communities” BOARD OF SUPERVISORS The Board of Supervisors of Maricopa County, Phoenix, Arizona, convened in Special Emergency Session at 2:15 PM on Wednesday, December 09, 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 (telephonically); Bill Gates, Supervisor, District 3; Steve Gallardo, Supervisor, District 5 (telephonically). Absent: Steve Chucri, Supervisor, District 2. Also present: Fran McCarroll, Clerk; Tom Liddy, Chief, Civil Division; Emily Craiger, Assistant Chief, Civil Division; Juanita Garza, Assistant Deputy Clerk; Joy Rich, County Manager; Andrea Cummings, Legal Counsel (telephonically); Joseph LaRue, Attorney (telephonically); and Joe Branco, Attorney (telephonically). Minutes generated by Maria Ceaglske, Minutes Coordinator. Pursuant to A.R.S. § 38-431.02(0), notice is hereby given that an emergency session of the Maricopa County Board of Supervisors was held: December 9, 2020 at approximately 2:15pm. at 301 W. Jefferson - 10th floor, Phoenix, AZ, 85003. The meeting will be held with members attending either telephonically or in person At the emergency Executive and possibly Open session the Maricopa County Board of Supervisors began to consider: Information and/or legal advice regarding new or pending lawsuits related to Elections or the November 3, 2020, General Election. The emergency is due to the lawsuits and election-related actions which are on-going, and which may have court hearings or filings scheduled or due on December 9 or 10, 2020. After being briefed in Executive Session, if needed, the Board may also consider action in an Open Session related to the above stated issues. UPDATE at 5:00pm on 12/9/20: The Board received information from their attorneys regarding litigation and election related issues. At 4:20pm. the Chairman recessed the meeting to reconvene at the call of the Chairman at some time prior to 4:20pm on December 10, 2020. Additional update at 10:30am. 12/10/20: The meeting will resume at 11:30am., December 10, 2020 at the same location. Special Emergency Meeting Minutes Wednesday, December 09, 2020 Page 2 of 3 December 10, 2020: Update at 5:30pm: See the following for minutes of this meeting: Minutes of the Emergency meeting of December 9, 2020, which began at 2:15pm. The meeting convened at 2:15 on December 9, 2020 with the following members present: Chairman Hickman was present in the room. Supervisors Sellers, Gates and Gallardo attended telephonically. Supervisor Chucri did not attend this meeting. Also present: Fran McCarroll, Clerk of the Board, Tom Liddy, Chief, Civil Division, Emily Craiger, Assistant Chief, Civil Division, Juanita Garza, Assistant Deputy Clerk, and Joy Rich, County Manager, Attorneys Joseph LaRue, and Joe Branco attended telephonically. Andrea Cummings, attorney, stated the reason for the emergency: "The emergency is due to the lawsuits and election-related actions which are on-going, and which may have court hearings or filings scheduled or due on December 9 or 10, 2020." 1. EXECUTIVE SESSION Vote to convene in Executive Session to consider the items on the Executive Agenda dated Wednesday, December 09, 2020, for Board of Supervisors and relevant Special Districts pursuant to the statutory authority listed for each item. Jack Sellers, Vice Chairman made a motion for the Board to convene in Executive Session. The motion was seconded by Supervisor Gallardo. Motion carried unanimously: Ayes: Hickman, Sellers, Gates, and Gallardo. Absent: Supervisor Chucri. The Board received information from their attorneys regarding litigation and election related issues. MEETING RECESSED The Chairman recessed the meeting on Wednesday, December 09, 2020 at 4:20 PM to reconvene at the call of the Chairman at some time prior to 4:20pm on December 10, 2020. MEETING RECONVENED The Chairman reconvened the meeting on Thursday, December 10, 2020 at 11:30 AM. When the meeting reconvened at 11:30am. On December 10, 2020, Chairman Hickman was present in the room. Supervisors Sellers, Chucri, Gates and Gallardo attended telephonically. Also present telephonically, Joy Rich, County Manager, Attorneys Andrea Cummings, Emily Craiger, Joseph LaRue, and Joe Branco. Also present were Fran McCarroll, Clerk of the Board, Tom Liddy, Civil Division Bureau Chief, and Juanita Garza, Assistant Deputy Clerk. Andrea Cummings, attorney, stated the reason for the emergency: 'The emergency is due to the lawsuits and election-related actions which are on-going, and which may have court hearings or filings scheduled or due on December 9 or 10, 2020." Jack Sellers, Vice Chairman made a motion for the Board to convene in Executive Session. The motion was seconded by Supervisor Gallardo. Motion carried unanimously: Ayes: Hickman, Sellers, Gates, Chucri and Gallardo. Special Emergency Meeting Minutes Wednesday, December 09, 2020 Page 3 of 3 MEETING RECONVENED After briefings and discussions in Executive Session, the Board reconvened in Open session and broadcast the meeting on the Clerk of the Board website and the Maricopa County YouTube channel. OPEN SESSION 2. POSSIBLE ACTION RE: DISCUSSION RELATED TO ELECTIONS LAWSUITS FOR THE NOVEMBER 3, 2020, GENERAL ELECTION Take possible action as directed in December 9, 2020, Emergency Executive meeting. (C-06-21-341-X-00) Chairman Hickman asked Clerk, Fran McCarroll, to read the motion to be considered by the Board. Ms. McCarroll stated the following: The motion before the Board is: "Move to authorize the Maricopa County Attorney's Office to intervene in the matter of Burk v. Ducey, et. al, CV2020-01869 on behalf of the Maricopa County Board of Supervisors." Supervisor Sellers made the motion as stated by the Clerk. The motion was seconded by Supervisor Gates. The motion passed unanimously with the following members voting Ayes: Jack Sellers, Steve Chucri, Bill Gates, Clint Hickman, Steve Gallardo Mr. Liddy thanked the Board. 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