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Special Meeting Minutes Monday, May 20, 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 on Monday, May 20, 2019, in 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; Steve Gallardo, District 5. Also present: Fran McCarroll, Clerk of the Board; Kelly Gardiner, Minutes Coordinator; Joy Rich, County Manager; and Emily Craiger, Legal Counsel. PRESENTATION 1. PRESENTATION FROM THE 2019 MARICOPA COUNTY ELECTIONS WORK GROUP There will be no action on this item. (C-06-19-482-P-00) Chairman Gates opened the Special Meeting of the Maricopa County Board of Supervisors by announcing that the purpose of the meeting was for a presentation and report by the 2019 Maricopa County Elections Work Group. Chairman Gates reviewed the format of the meeting and reminded those in attendance this would be a presentation only and no action by the Board would be taken. Chairman Gates stated there were speaker forms available and the regular time limit of two minutes per speaker applies. Chairman Gates gave a brief history of the elections structure noting that for decades, the Board of Supervisors’ responsibilities for Election Day operations (as defined by Arizona Revised Statutes) were delegated to the Recorders Office. The most recent review of this process was in 1978 when the population of Maricopa County was 1.3 million. The current population of 4.5 million is approximately four times the number as when the statute was established. The Board of Supervisors decided this was a good time to review and evaluate the procedure to determine if it still serves Maricopa County. In reviewing the process in place, the Board of Supervisors asked the Work Group to review the following three elements: Staffing, Technology (tabulation machines), and Organizational Structure (delegation of responsibilities). Special Meeting Minutes Monday, May 20, 2019 Page 2 of 14 Chairman Gates thanked the Work Group for their hard work and dedication over the past months. He also thanked Adrian Fontes for supporting this effort, appointing Rey Valenzuela, Director of the Elections Department and Keely Varvel, Chief Deputy Recorder to be part of the Work Group. He also thanked his colleagues for their support as well as the many people in the community who have shared their perspective on this important issue. Chairman Gates reiterated the purpose of the Special Meeting was to listen to the Work Group on how Maricopa County can be “best in class” in the coming decade. Valerie Beckett, Special Assistant to County Manager, came forward to lead the presentation. She thanked the Board of Supervisors, Clerk of the Board and the County Manager’s Office for the opportunity to present an overview of the work performed by the Work Group as well as the recommendations of the members. In January 2019, Joy Rich, County Manager formed a Work Group to review the structure, staffing and technology resources of the Elections Department. Ms. Beckett thanked the 10 member Work Group which consisted of executive level leaders from a variety of County departments: Chairman’s Office, Recorder’s Office, Elections Department, County Manager’s Office, Office of Enterprise Technology, Human Resources, the Budget Office, and Procurement Services. The Work Group met weekly from the end of January through the month of March 2019. There was significant work done outside the scheduled meetings. Ms. Beckett said the group participated in a very open, candid, and productive process. The 2016 Presidential Preference Election drew national attention, and the 2018 Primary Election revealed multiple issues that prompted Internal Audit to engage in the review of the process. Ms. Beckett stated the Board of Supervisors requested a thorough investigation as to the Election Day proceedings which are the responsibility of the Board under Arizona Statute. The Recorder and Board of Supervisors wanted more in-depth information and transparency in the planning and operations pertaining to the elections. Special Meeting Minutes Monday, May 20, 2019 Page 3 of 14 Ms. Beckett stated the focus of the Work Group was to understand the current process and review the “hand-offs” between the Recorder’s Office and the Elections Department as dictated by statute. The Work Group researched the processes of other counties to discover how elections were handled in different jurisdictions. It was revealed there was a high interdependency between the Recorder and Elections Department. The Group focused on understanding the statutory responsibilities of the County Recorder and Board of Supervisors. What was revealed is the delegation of authority was not as clear cut as was anticipated. There were many “hand-offs” (shared responsibilities) between the Recorder’s Office and the Elections Department. Special Meeting Minutes Monday, May 20, 2019 Page 4 of 14 Ms. Beckett reviewed the timeline and chain-of-command over the last 40 years and summarized there have been no significant changes in the reporting structure over those years. It was important for the Work Group to understand the interconnectedness of the Recorder’s Office and Elections Department as stated in the Arizona Revised Statutes. The current processes have not been documented up to this point. With the assistance of a consultant from the Recorder’s Office and Elections Department, the Work Group spent time mapping the process. The two departments have been working together as one department for many years and so the division of duties as defined by statute had not been an operational concern up to this point. This mapping process demonstrated the sharing of resources and responsibility of the two. Key statutory hand-offs help to Special Meeting Minutes Monday, May 20, 2019 Page 5 of 14 streamline the elections process. One example of this shared information had to do with the voter registration database system (VRAS) that belongs to the Recorder’s Office. That same information needs to be shared with Elections to create the ballot. Ms. Beckett stated that the use of VRAS (which provides real time voter registration information) is credited with the low number of provisional ballots in Maricopa County. Since the Recorder and Elections are a comingled department, this information sharing has provided much needed voter registration information on election day. Another Key Hand-Off has to do with Provisional Ballots that can contribute to slow vote Special Meeting Minutes Monday, May 20, 2019 Page 6 of 14 count due to the validation requirement. A Provisional Ballot is received by the Elections Department, passed to the Recorder for validation and then returned to Elections for tabulation. By statute, this process has a timeline which can take as long as 10 days. Since the departments are intertwined, the timeline can be reduced. Recruiting and training is another aspect that benefits from the key hand-offs between the Recorder’s Office and Elections Department. Both offices work together regarding staffing needs for early voting, election day and post-election work. In Counties where the Recorder and Elections Department are independent, there are Special Meeting Minutes Monday, May 20, 2019 Page 7 of 14 increased staffing and scheduling challenges due to the division of tasks as written in statute. The Recorder’s Office is responsible for the early voting; Elections Department is responsible for Election Day voting. When the early voting locations can transition to Election Day voting locations, there is increased efficiency in the staffing for the election process. When the Work Group compared the 15 Arizona counties and their elections processes, it was determined that regardless of the structure, it was clear that given the statutory responsibilities a highly collaborative relationship is needed. Due to the interconnectedness of the two departments, when there is change or a problem in one area, it very likely will affect the other. The Work Group had a few guiding principles. The first was: Maricopa County voters Special Meeting Minutes Monday, May 20, 2019 Page 8 of 14 deserve a “Best in Class” election system. The changes made now will have an impact on the 2020 elections and it is important to enhance the entire system and strive for efficiency. The Recorder’s Office and Elections have worked together as one department, sharing resources for the past 40 years. There are critical shared resources to be considered if the existing reporting structure changes. The Group believes a change would have an impact on the overall efficiencies of the entire process. Recommendations from the Work Group include upgrading of the tabulation equipment to Special Meeting Minutes Monday, May 20, 2019 Page 9 of 14 bring the technology up to today’s standards. There is a need to analyze and implement training for staff to improve workload performance. Given the current interdependencies within the existing system, the Work Group recommends a Shared Reporting Structure. Special Meeting Minutes Monday, May 20, 2019 Page 10 of 14 Ms. Beckett explained the Shared Reporting Structure proposal in the following two slides. This proposal involves an amended charter granting administrative authority to the County Recorder with two director positions created to represent the Board of Supervisors and the Recorder’s Office. This restructuring would encourage closer communication, accountability and transparency while complying with the statutes concerning elections. The goal is to have the directors work in tandem to bridge any process or communication gaps between the two departments and resulting in the best level of service to the voter. The Work Group estimated that if there were a complete separation of duties between the Recorder and Elections, the cost would be approximately $8 million due to the separation of shared resources previously discussed. Special Meeting Minutes Monday, May 20, 2019 Page 11 of 14 Ms. Beckett acknowledged that in order for this Shared Reporting Structure to be effective, there must be full support from the County Recorder and the Board of Supervisors. Ms. Beckett offered an option if the previous recommendation is not supported. The option would be to create an Elections Quality Assurance Officer whose responsibilities would include advising the Board of Supervisors on matters impacting election responsibilities assigned to the Board. Special Meeting Minutes Monday, May 20, 2019 Page 12 of 14 Ms. Beckett summarized the findings of the Work Group in the following slide. Special Meeting Minutes Monday, May 20, 2019 Page 13 of 14 Ms. Beckett thanked the Board and offered to answer any questions they may have. Chairman Gates thanked Ms. Beckett for the hard work of the Work Group and the presentation. He asked if any of his colleagues had questions. Supervisor Gallardo asked about the possibility of Legislative changes in the future. He said early voting and Election Day voting is preferable and does not agree with emergency voting as a viable solution. Ms. Beckett said there was no discussion on Legislative changes in the Work Group. Supervisor Gallardo suggested that post 2020, the Board can look into Legislative changes to improve the process. Supervisor Seller agreed with the Work Group’s assertion that the Election Department should not be political. He suggested that one way to accomplish that would be for Elections to report to the County Manager instead of the Recorder or Board of Supervisors. Supervisor Hickman commented on the slide about provisional ballots and the importance of the VRAS system to help identify voters more quickly. The legislature looked at the emergency voting issue last year, but could not get support for any specific change. Emergency voting was looked at again after the 2018 election. He said the system belongs to the people not the Recorder or the Board of Supervisors. Changes need to be made to create a better voting process for the citizens. Supervisor Chucri noted his appreciation to Ms. Beckett and the Work Group and acknowledged it is not an easy subject. He commented on the growth of the County and the importance of growing and improving with the times. The County must look at the needs of voters today and adjust the processes accordingly. Chairman Gates announced there are registered speakers. Special Meeting Minutes Monday, May 20, 2019 Page 14 of 14 William T. “Sparky” Smith, resident, thanked the Board for addressing this subject. He said he heard a lot about convenience during the presentation and nothing about ballot integrity. He is concerned about the integrity of the voting process. He is the Manager of the Election Integrity Project of Arizona. He sees the systematic erosion of ballot integrity and believes there needs to be more attention on that aspect of elections. Supervisor Gallardo commented on the responsibilities of each department as set out by statute. The Board of Supervisors and the Recorder each have responsibilities and he stated the importance of having the two continue to work together. Art Cooper, resident, came forward to remark on how the system currently in place has worked for 60 years and because of Recorder, Adrian Fontes, everything changed. Mr. Cooper referenced one of the slides in the presentation that suggested that elections not be partisan. He stated the Recorder chose to make this a partisan issue and the results of our past election were questioned because of that partisanship. Mr. Cooper questioned the Shared Reporting Structure solution set out by the Work Group. He said he does not agree with creating a structure which includes adding directors as a solution. Chairman Gates acknowledged Mike McGee, County Auditor and his team for their work after the 2018 Primary Election and his contributions in the Work Group. Supervisor Gallardo commented on the importance of this issue and the complexity of elections because of the size of Maricopa County. He would like to be part of the discussion as the Board continues to work toward a solution that works for Maricopa County. He recognized the interconnectedness of the County Recorder and the Board of Supervisors and does not want to lose sight of that. Chairman Gates reiterated the importance of getting structure and technology in place that would allow Maricopa County elections to be Best in Class. He stated the Board takes the issues of integrity and democracy very seriously and that elections are a fundamental right in county government. 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