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Special Meeting Minutes Monday, October 28, 2019 Board Members 2:00 PM Bill Gates, Chairman, District 3 Clint Hickman, Vice Chairman, District 4 BOARD OF SUPERVISORS Jack Sellers, District 1 Maricopa County, Arizona Steve Chucri, District 2 (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 Supervisors’ Auditorium and safe communities” 205 W. Jefferson Phoenix, AZ 85003 BOARD OF SUPERVISORS The Board of Supervisors of Maricopa County, Phoenix, Arizona, convened in Special Session at 2:00 PM Monday, October 28, 2019, at the Supervisors’ Auditorium, 205 W. Jefferson, Phoenix, AZ, 85003, with the following members present: Bill Gates, Chairman, District 3; Clint Hickman, Vice Chairman, District 4; Jack Sellers, District 1; Steve Chucri, District 2; and Steve Gallardo, District 5. Also present: Fran McCarroll, Clerk of the Board; Maria Ceaglske, Minutes Coordinator; Joy Rich, County Manager; and Andrea Cummings, Legal Counsel. 1. CONSIDERATION OF ACTION RELATED TO SUSPENSION OF COUNTY ASSESSOR PAUL PETERSEN Consider action related to ARS 11-664 regarding possible suspension of the County Assessor, Paul Petersen due to neglect of duty. (C-06-20-216-7-00) Chairman Gates explained the intent of the meeting was to address the issue of the potential suspension of County Assessor Paul Petersen. Since it is a disciplinary proceeding there would be no public comment on the item. He said the Board would not be interjecting themselves into any criminal proceedings that may be occurring for the County Assessor. The meeting simply relates to the Board of Supervisors responsibility to oversee the Office of the County Assessor. The Board delivered notice of the meeting under Arizona Statute, as required, they provided a 5-day notice of the meeting to the elected official in question. In addition to providing the notice to Mr. Petersen and his counsel, as Chairman of the Board he also sent a letter on October 24, 2019. Within the Chairman’s letter he requested the following of the County Assessor: “1. Since you were arrested and detained on October 8, 2019 how are you fulfilling your duties as the County Assessor. 2. Please explain how and why over 1,000 documents relating to your private legal practice are stored on your County desktop and/or the County servers or physically stored in your County office.” Chairman Gates said he asked for Mr. Petersen to provide a personal response, presumably in writing. No response has been received. Additionally, as has been Special Meeting Minutes Monday, October 28, 2019 Page 2 of 2 reported in the media, since October 8, 2019, Mr. Petersen was in detention within the Maricopa County jail. The Board received confirmation of the following information from United States Marshal, David Gonzales: “since October 11, 2019 Mr. Petersen has been in Federal custody and on October 25, 2019 at approximately 9:30 a.m. Paul Petersen was transferred by air travel to the State of Arkansas where he currently is located.” As the evidence proves, he is not present here and has not been in the office. Although you can certainly delegate tasks, you cannot delegate responsibility. Based upon the information, provided he is not here and not available to supervise the County Assessor’s Office. The Board requested that the County Auditor do an audit of the County Assessor’s Office, both with respect to whether there was any financial impropriety in the office, and as it relates to whether any County resources were used for Mr. Petersen’s private legal practice. The audit report chronicles the use of County computers for Mr. Petersen’s personal legal practice including the adoption practice. Given the information that has been provided to the Board by the County Auditor, U.S. Marshal and others, Chairman Gates said he would entertain a motion regarding this item. Supervisor Hickman made the following motion: I move to place Assessor Paul Peterson on unpaid suspension for a period of 120 days pursuant to ARS 11-664. Mr. Peterson's failure to meaningfully oversee the operations of his office for an extended period and repeated misuse of County resources to conduct his private law practice constitutes neglect of duty. Seconded by Supervisor Sellers. Chairman Gates explained that Arizona Revised Statute §11-664 requires the Board of Supervisors to appoint a person to fill the office now that Paul Petersen has been suspended. The Board will immediately begin the process. Ayes: Sellers, Chucri, Gates, Hickman, Gallardo MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. ____________________________ Bill Gates, Chairman of the Board ATTEST: ____________________________ Fran McCarroll, Clerk of the Board