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Special Meeting Minutes Tuesday, June 17, 2025 11:00 AM BOARD OF SUPERVISORS Maricopa County, Arizona (and the Boards of Directors of the Flood Control District, Library District, Stadium District, Improvement Districts and/or Board of Deposit) "The mission of Maricopa County is to provide regional leadership and fiscally responsible, necessary public services to its residents so they can enjoy living in healthy and safe communities” Board Members Thomas Galvin, Chairman, District 2 Kate Brophy McGee, Vice Chair, District 3 Mark Stewart, District 1 Debbie Lesko, District 4 Steve Gallardo, District 5 County Manager Jen Pokorski Clerk of the Board Juanita Garza Meeting Location 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 11:00 AM on Tuesday, June 17, 2025, in the Supervisors’ Conference Room 301 W Jefferson, 10th Floor Phoenix, AZ 85003, with the following members present: Thomas Galvin, Chairman, District 2; Kate Brophy McGee, Vice Chair, District 3; Mark Stewart, Supervisor, District 1; Debbie Lesko, Supervisor, District 4; Steve Gallardo, Supervisor, District 5 (entered meeting late). Also present: Juanita Garza, Clerk; Kelly Gardiner, Minutes Coordinator; Jen Pokorski, County Manager; Brooke Worcester, Legal Counsel. 1. EXECUTIVE SESSION Vote to convene in Executive Session to consider the items on the Executive Agenda dated Tuesday, June 17, 2025, for Board of Supervisors and relevant Special Districts pursuant to the statutory authority listed for each item. Motion to approve by Supervisor Kate Brophy McGee, seconded by Supervisor Mark Stewart Ayes: Thomas Galvin, Kate Brophy McGee, Debbie Lesko, Mark Stewart Absent: Steve Gallardo ~ Supervisor Gallardo entered meeting after vote to go into Executive Session ~ EXECUTIVE SESSION RECESSED Chairman Galvin recessed Executive Session OPEN SESSION RECONVENED Chairman Galvin reconvened the Board in the Supervisor’s Conference Room. Special Meeting Minutes Tuesday, June 17, 2025 Page 2 of 3 ACTION 2. POSSIBLE ACTION RE: BOARD OF SUPERVISORS’ AUTHORITY AND RESPONSIBILITIES IN ADMINISTRATION OF ELECTIONS Take possible action relating to the Board of Supervisors’ Authority and Responsibilities in Administration of Elections as discussed in special executive session on June 17, 2025. (C-19-26-001-X-00) A motion was made by Supervisor Kate Brophy McGee to authorize the Board’s outside Counsel to file a motion to dismiss and a counter claim on declaratory relief concerning the Heap lawsuit and request a roll call vote so that each member can explain their vote if they choose. The motion was seconded by Supervisor Debbie Lesko The Clerk called the roll with the following results: Supervisor Stewart said through this process, Recorder Heap had raised some valid concerns regarding the statutory requirements for his office. Supervisor Stewart stated it was unfortunate that no resolution was able to be reached with a Shared Services Agreement and that Recorder Heap chose a lawsuit to get clarification. Supervisor Stewart said today’s vote, which is a counter lawsuit, is being done to get the clarity needed as to statutory responsibilities and what is meant by Officer in Charge according to the Legislature. Supervisor Stewart voted aye. Vice Chairman Brophy McGee said she needed clarity. She said it is very difficult for everyone involved to administer elections when there is not clarity. Vice Chair Brophy McGee said she hoped this counter claim would bring some relief so that Maricopa County can conduct model elections as have been done in the past. Vice Chair Brophy McGee voted aye. Supervisor Lesko said she really had hoped the Board could have come to an agreement with Recorder Heap. She said it was not for a lack of trying. Supervisor Lesko stated there had been several meetings with him and unfortunately, he chose a lawsuit instead of negotiation of election duties between the Elections and Recorders office. She hoped this counter claim will help give legal clarity on this subject and make sure we are ready for the 2026 Elections. Supervisor Lesko voted aye. Supervisor Gallardo said he is supportive of motion on the table. He said he was concerned that Recorder Heap retained outside counsel rather than utilizing Maricopa County Attorney’s Office, which would be customary. In the past, the Board has reached agreement with the Recorders office regarding a Shared Services Agreement and election responsibilities. We all want the same thing, which is safe, secure, and reliable elections. Supervisor Gallardo said it is unfortunate that Recorder Heap was not willing to negotiate and now we must go to the courts for clarification. Supervisor Gallardo voted aye. Chairman Galvin said he was proud of the Board and how well they have worked together, putting the voters of Maricopa County first. He said the actions of the Board today, filing a motion to dismiss and filing a counter suit, is intended to settle this once and for all. Chairman Galvin said the County ran three flawless elections in 2024 and this Board was poised and ready to do the same in the 2026 elections. He said it is unfortunate that the past six months have been wasted with delays and excuses by the Special Meeting Minutes Tuesday, June 17, 2025 Page 3 of 3 Recorder. Chairman Galvin stated that Kory Langhofer has provided excellent counsel for the Board of Supervisors and that the Board is prepared to do right by the citizens, respecting the rule of law and the Constitution of the State of Arizona. Chairman Galvin voted aye. MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. _______________________________ Thomas Galvin, Chairman of the Board ATTEST: ____________________________ Juanita Garza, Clerk of the Board