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Special Meeting Minutes Wednesday, September 7, 2016 Board Members 10:00 AM Clint Hickman, Chairman, District 4 Andrew Kunasek, Vice Chairman, District 3 Denny Barney, District 1 BOARD OF SUPERVISORS Steve Chucri, District 2 Maricopa County, Arizona Steve Gallardo, District 5 (and the Boards of Directors of the Flood Control District, Library District, Stadium District, Improvement County Manager Districts, and/or Board of Deposit) Joy Rich Clerk of the Board "The mission of Maricopa County is Fran McCarroll to provide regional leadership and fiscally responsible, necessary public services to its residents so Meeting Location they can enjoy living in healthy Sullivan Conference Room and 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 Wednesday, September 7, 2016, in the Board of Supervisors Conference Room, 301 W. Jefferson, 10th Floor, Phoenix, AZ 85003, with the following members present: Clint Hickman, Chairman, District 4; Andrew Kunasek, Vice Chairman, District 3; Denny Barney, District 1; Steve Chucri, District 2; Steve Gallardo, District 5. Also present: Fran McCarroll, Clerk of the Board; Joy Rich, County Manager; and Michelle Wood, Legal Counsel. Minutes compiled by Lori Medaris, Minutes Coordinator. 1. EXECUTIVE SESSION Vote to convene in Executive Session to consider the items on the Special Executive Agenda dated September 7, 2016 for Board of Supervisors and relevant Special Districts pursuant to the statutory authority listed for each item. Motion to approve by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo OPEN SESSION BOARD OF SUPERVISORS 2. LESLIE FELDMAN ET AL. V. ARIZONA SECRETARY OF STATE, ET AL., CV-16- 01065-PHX-DLR Authorize the County Attorney to take action as directed in executive session. This matter was heard in executive session on September 7, 2016. (C-19-17-012-M-00) Supervisor Gallardo made a motion to approve the Settlement Agreement dated September 6, 2016 resolving the Feldman, et al. v. Arizona Secretary of State, et al., as it relates to Maricopa County on terms more fully detailed therein. Motion was seconded by Supervisor Chucri. Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 3. MELENDRES V. ARPAIO, CV-07-02513-GMS AND RELATED APPEALS Special Meeting Minutes Wednesday, September 07, 2016 Page 2 of 3 Authorize the County Attorney and Outside Counsel to take action as directed in executive session regarding possible settlement of Plaintiffs’ application for attorneys’ fees and non- taxable costs (Doc.1755) in Melendres v. Arpaio, Case No. CV-07-02513-PHX-GMS. This matter was heard in executive session on September 7, 2016. Also, authorize the Department of Finance to issue payment as directed by the Board of Supervisors in executive session regarding the possible settlement of Plaintiffs’ application for attorneys’ fees and non-taxable costs (Doc.1755) in Melendres v. Arpaio, Case No. CV- 07-02513-PHX-GMS. These actions will have a County-wide net impact of zero and do not alter the budget constraining the expenditure of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. Also in accordance with A.R.S §42-17106(B), authorize the following transfer of expenditure authority in the FY 2017 Revised Budget: a) Decrease the expenditure authority for the Non Departmental (D470) General Fund (100) Non Recurring Non Project (1001) Contingency (4711) in the line "Unreserved Contingency" by an amount authorized by the Board in executive session, and b) Increase the expenditure authority in the Non Departmental (D470) General Fund (100) Non Recurring Non Project (1001) in the line Judgments (4742) by an amount authorized by the Board in executive session. (C-19-17-013-M-00) Item to be continued to a later date. 4. MELENDRES V. ARPAIO, CASE NO. CV-07-02513-PHX-GMS AND RELATED APPEALS Authorize the County Attorney and Outside Counsel to take additional action as directed in executive session. This matter was heard in executive session on September 7, 2016. (C- 06-17-098-M-00) Motion by Supervisor Barney to authorize the County Attorney and outside counsel Richard Walker, to file an appeal on behalf of the County of the orders entered in Melendres v. Arpaio, CV-07-02513-GMS in the 9th Circuit Court of Appeals regarding the issues of scope of remedies and judicial authority. Motion was seconded by Supervisor Chucri. Ayes: Barney, Chucri, Kunasek, Hickman Nays: Gallardo Also, motion made by Supervisor Barney to authorize retention of the firm of Cooper and Kirk to take an appeal on behalf of Defendant, Joe Arpaio in his official capacity as Maricopa County Sheriff and fellow unnamed contemnors, Jerry Sheridan and Joseph Sousa from orders entered by the District Court in Melendres v. Arpaio, CV-07-02513- GMS, to defend the constitutional authority and statutory duties and responsibilities of the Maricopa County Sheriff’s Office (MCSO) in an amount not to exceed $1 million. In addition, direct staff to negotiate a sole source contract with such firm and present the contract at the next available Board meeting. Sheriff is to identify how he will pay these amounts from within his operating budget. The motion was seconded by Chairman Hickman Ayes: Barney, Hickman Nays: Chucri, Kunasek, Gallardo Special Meeting Minutes Wednesday, September 07, 2016 Page 3 of 3 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