012918IB.DOC

Informal Meeting Minutes
Monday, January 29, 2018 Board Members
10:15 AM Steve Chucri, Chairman, District 2
Bill Gates, Vice Chairman, District 3
BOARD OF SUPERVISORS Denny Barney, District 1
Maricopa County, Arizona Clint Hickman, District 4
(and the Boards of Directors of the Flood Control District, Steve Gallardo, District 5
Library District, Stadium District, Improvement Districts,
Housing Authority of Maricopa County and/or Board of
Deposit) County Manager
Joy Rich
Clerk of the Board
"The mission of Maricopa County is to Fran McCarroll
provide regional leadership and fiscally
responsible, necessary public services
to its residents so they can enjoy living Meeting Location
in healthy and safe communities” Supervisors' Conference Room
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 10:15
AM on Monday, January 29, 2018, in the Supervisors' Conference Room, 301 W. Jefferson, 10th Floor,
Phoenix, AZ 85003, with the following members present: Steve Chucri, Chairman, District 2; Bill Gates,
Vice Chairman, District 3; Denny Barney, District 1; Clint Hickman, District 4; 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.
PRESENTATION
1. PRESENTATION REGARDING THE FY 2019 BUDGET
Presentation regarding the FY 2019 Budget from Elected Officials. (C-06-18-302-7-00)
Maricopa County Attorney’s Office
William Montgomery, County Attorney
Mark Faull, Chief Deputy
Mr. Mark Faull, Chief Deputy, was not present.
William Montgomery, County Attorney, presented the FY 2019 budget for the County
Attorney’s Office. He reflected on the conversations between the appointed offices and the
budget process from 2010 to 2014 when the department began Zero Based Budgeting (ZBB).
He noted the following adjustments were made after starting ZBB: compensation; new case
management system; and a paperless structure. The office added leadership training, and a
robust evaluation system. The goal is for the department to retain qualified, competent
attorneys for an effective Criminal Justice System. He noted the necessary competencies for
prosecuting attorneys. Mr. Montgomery spoke of the need to retain attorneys, but the current
pay plan does not give employees a career path. High law school debt leads to a high
turnover for initial entry attorneys. He explained the factors that contribute to attorney pay not
keeping up with inflation.

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Monday, January 29, 2018
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Mr. Montgomery explained the following comparisons show attorney Starting Salary and After
Three Years:
The light green represents where the attorneys wages start and the dark green represent
attorney wages after three years of experience. Although the County attorney may start out
with a competitive wage, after three years the attorney is more knowledgeable and is often
recruited outside of the County for a significantly higher wage.
Mr. Montgomery explained the following Voluntary Attorney Turnover:

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Monday, January 29, 2018
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Mr. Montgomery provided statistics about length of stay of attorneys, and factors that
impacted attorney’s choices to leave the County. In one example the attorney received a
$15,000 pay increase from the entity that recruited him. These are the factors that led him to
propose the new attorney pay plan.
Supervisors Gates pointed out the difference in resignation numbers between FY2013 and
FY2014 and questioned why there was such a big difference. Mr. Montgomery explained that
the FY2013 saw a high loss of attorneys with 5 years or more experience due to not
addressing compensation in the previous six years. It was also around the time that
compensation was starting to get addressed. Since compensation has been addressed the
number of experienced attorneys leaving has dropped. Mr. Montgomery noted the individuals
were resigning and going to other prosecuting agencies and administrative hearing officers
because they heard there would be a $2,000 increase in pay.
Mr. Montgomery explained the following Average Student Loan Debt:
He noted the importance of the Loan Repayment Program (LRAP) and thanked the Board for
continuing the program. The cost of law school education has increased over time and loan
debt has gone up 35% within the last 5 years. Since 1985 the overall consumer price index
has risen 115% and the college education inflation rates have risen nearly 500%.
Supervisor Hickman asked if the number of law school graduates have been increasing
period. Mr. Montgomery responded that in the last few years the number of law school
students has diminished and there have been a number of law schools that have reset their
business plan due to the size of incoming classes. What that means for the County
Attorney’s Office is in the past several years there is an average of about 500 applicants and
10% are then hired. Mr. Montgomery stated the criminal justice system cannot risk hiring
individuals that are not competent at doing their job and noted the cost to the community for
the justice system is too great, so it makes for a more demanding recruitment.

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Monday, January 29, 2018
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Mr. Montgomery explained the following Career Path for the Future would contain five levels:
Prosecutor I, Prosecutor II, Prosecutor III, Prosecutor IV and Prosecutor V. He briefly
described each level, noting that Prosecutor IV and Prosecutor V also provide for supervisory
positions and are senior positions. The management pay would no longer exist with the new
career path. This career path will allow existing prosecutors to see advancements within the
office if they perform well and are handling the right types of cases. He explained this is also
based upon an objective analysis of the types of cases that are being handled and gave
examples of case types for each level. The new career path levels will provide the ability to
manage the workforce to meet the expectations of the dynamic environment within the
community. He gave examples of how cases would be weighted for each level.
Supervisor Barney asked for a percentage of the workforce by level according to the new
career path. Mr. Montgomery stated he does not have a percentage breakdown but the
largest pool of prosecutors will be level I which will diminish over time.
Supervisor Barney stated with the restructuring of the management approach it would be
helpful from a budgeting standpoint. The ZBB was built around that structure. Mr.
Montgomery noted the caseload rating follows the same basic approach and then he gave
examples. Discussion ensued on analyze of workloads, etc. based on ZBB and the new
career path structure.
Mr. Montgomery spoke about the Intelligence Focused Prosecution approach, noting that
combined with the new career path it reflects changes such as close relationships with
criminal justice partners, and the requirements of skilled prosecutors to effectively make
distinctions between the different types of offenders. Reducing recidivism has cumulative
effect by preventing offenders from returning to the system. The number of felony pretrial
diversions is doubling. This is separate from the substance abuse diversion program already
in place. There is now less of a demand on the criminal calendars, less likelihood of people
winding up in jail pending prosecution, and ultimately, fewer people to send to the
Department of Corrections (DOC). Most importantly, if violent or habitual offenders are
identified then more time is spent with them for better cases and sentences. There has been
a 14% increase in cases being prosecuted since 2014. The Intelligence Focused
Prosecution model requires the office to do more with what is available. With the addition of
body cameras in January 2017 the office received 328.6 hours of footage and in January
2018 the office receive 440 hours which is about a 33% increase. He noted with every hour
of body camera footage it is about 3 hours of work to review, redact and disclose. The office
continues to refine the tools used and works with several other entities to make sure the best
software is used to help minimize time.
Mr. Montgomery stated the office partners with other County agencies and noted the Civil
Services Department has been working with partners to try and limit the amount of money
that has to be reserved by Risk Management to handle and resolve cases. Staff has been
engaged at all levels with all County partners to utilize efficiencies. He noted the County
Attorney’s office is working with the Office of Public Defense Services (OPDS) to obtain
information to assist in making decisions much sooner in the cycle of handling capital cases.
The County has had about 62 capital cases and that is due to the timeframe in which
prosecutors were mandated to make a decision if they were going to seek the death penalty.
He explained how the cases are now determined while working with the OPDS. On average,
each capital case costs about $2 million and through the partnered efforts it has resulted in
about a 13% reduction in the average number of capital cases pending which has saved the
County about $16 million.

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Monday, January 29, 2018
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Mr. Montgomery noted the following Future Savings:
He stated the future savings will be utilized to implement the new program for prosecutors.
Chairman Chucri said his understanding was that the savings on the Luhrs rent and
downtown parking were going to the cost of renovating the old Madison Street jail. He
thanked Mr. Montgomery for the flexibility in working with County staff on the cost shifts.
Supervisor Gates asked for clarification on the management professional program. Mr.
Montgomery explained when looking at a prosecutor’s years of service and experience within
the office, the individual must be performing well if they are moved into a supervisor position.
There is a $15,000 to $25,000 differential for the various prosecutor levels that are taken
away, but it ends up as part of the base pay. Over time the individual will have to
demonstrate their performance for promotion eligibility. It is budget based on positions and
the cost to do the prosecutor career path is $6 million. It will be 6% of the total budget and
can be covered with the reduction in capital cases which does not account for the future
savings as well.
Supervisor Barney asked why capital cases were not reduced before now. Mr. Montgomery
explained there are many factors such as change in direction from the previous
administration, now working directly with the Office of Public Defense Services to determine
the real need for a capital charge and working with the court to keep trials on track. All of
which contribute to trusted relationships to get the costs reduced.
Supervisor Barney noted the national movement in pushing down on capital cases because
of the constitutional, capital and financial challenges. He noted the reduction in capital cases
are a big factor in the overall budget conversation in finding if it is sustainable. He questioned
how long the County will see true manifestations on the budget side and the continued
functionality of the proposed career path.
Mr. Montgomery noted the prosecutor career path is a step plan rather than an automatic pay
raise. He was initially concerned eight years ago when the conversation started because of
the pressure to move in the year-to-year budget. He noted the new structure will assist by
changing the evaluation system and will be more specific on expectations. It will assist to
address concerns and there will be an individual track record on performance. He spoke
about Maricopa County being an example in capital case determinations.

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Monday, January 29, 2018
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Chairman Chucri stated a true step program would be the opposite of what the Board has
accomplished. Since 2013 the attorney turnover has decreased which shows there has been
change. He noted his gratitude to Supervisor Barney and Mr. Montgomery on the ZBB
approach. The County will always be a training ground no matter how we look at it because
individuals come to the County Attorney’s Office to learn and grow. There will still be turnover
so it will need to be continually monitored.
Mr. Montgomery agreed that there will always be individuals that are recruited and there are
also individuals that are asked to leave because they are not Maricopa County Attorney
material. The numbers shown within the presentation are only those that have voluntarily left.
He stated there were no additional funds requested in FY2018 budget. The FY2019 budget
has undergone a number of revisions and reviews to make sure the dollars being spent are
going towards a constitutionally required end with a positive end in sight.
Supervisor Hickman asked if there has been a change in sentencing guidelines in regards to
probation versus parole due to the increase of offenders on County probation. Mr.
Montgomery responded that he is unsure of the increase of community supervision but the
adult probation department has increased in size. The use of the County probation
department does a better job at monitoring offenders and providing for better recidivism and
reduction programing. The State needs a better recidivism program during the period of
incarceration. He gave an example of an offender serving 7 years then receiving 1 year of
community supervision. That is not enough to assess someone, get them in a program and
be able to make sure they are complying over time to not see them back in the County
criminal justice system. He gave an example of a case that would be resolved sooner which
is a benefit to the County criminal system because it is a case that no longer lingers. He sees
a reduction over time because the County continues to advocate for a better recidivism
reduction program than the Department of Corrections.
Supervisor Hickman asked if there is a cost share with the State if their parole numbers are
decreasing which benefit the DOC too. Mr. Montgomery responded that it is one area where
the County can approach State leadership for funding.
Chairman Chucri thanked Mr. Montgomery for his presentation. The Board is aware this will
be an ongoing conversation and they are grateful for his work.
ACTION
Clerk of the Board
2. SPECIAL EVENT LICENSE FOR ARIZONA PARKS & RECREATION FELLOWSHIP
Rescind the previous action (C-06-18-288-L-00) taken by the Board on January 17, 2018, due
to a change in the licensed contractor.
Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by
Bryan Christopher Hughes for Arizona Parks & Recreation Fellowship at Usery Mountain
Regional Park at 3939 North Usery Pass Road, Mesa, Arizona 85207 to be held on Saturday,
February 3, 2018 from 10:00 am to 1:30 pm. (Supervisorial District 2) (C-06-18-304-L-00)
Fran McCarroll, Clerk of the Board of Supervisors, stated the original application had errors
so the previous action is being rescinded and approving the application with the corrections to
be properly filed at the State.
Motion to approve by Supervisor Barney, seconded by Supervisor Gates
Ayes: Barney, Chucri, Gates, Hickman, Gallardo

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Monday, January 29, 2018
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3. EXECUTIVE SESSION
Vote to convene in Executive Session to consider items on the Executive Agenda dated
January 29, 2018, for Board of Supervisors and relevant Special Districts pursuant to statutory
authority listed for each item.
Motion to approve by Supervisor Hickman, seconded by Supervisor Barney
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
MEETING ADJOURNED
After discussion on the executive items and there being no further business to come before the Board,
the meeting was adjourned.
_______________________________
Steve Chucri, Chairman of the Board
ATTEST
_____________________________
Fran McCarroll, Clerk of the Board