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Special Meeting Minutes Friday, December 27, 2019 10:00 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 Bill Gates, Chairman, District 3 Clint Hickman, Vice Chairman, District 4 Jack Sellers, District 1 Steve Chucri, District 2 Steve Gallardo, District 5 County Manager Joy Rich Clerk of the Board Fran McCarroll Meeting Location Sullivan/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 10:00 AM on Friday, December 27, 2019, in the Sullivan/Supervisors' Conference Room, 301 W. Jefferson, 10th Floor, Phoenix, AZ 85003, with the following members present: Bill Gates, Chairman, District 3; Clint Hickman, Vice Chairman, District 4; Jack Sellers, District 1 (via phone); Steve Chucri, District 2; 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. EXECUTIVE SESSION Vote to convene in Executive Session to consider the items on the Special Executive Agenda dated December 27, 2019, for Board of Supervisors and relevant Special Districts pursuant to the statutory authority listed for each item. Motion to approve by Supervisor Hickman, seconded by Supervisor Sellers Ayes: Sellers, Gates, Hickman Absent: Chucri, Gallardo ~ Supervisor Chucri and Supervisor Gallardo entered during Executive Session ~ MEETING RECESSED Chairman Gates recessed the Board of Supervisors to convene in Executive Session in the Sullivan Conference Room. MEETING RECONVENED After discussion on the Executive items, Chairman Gates reconvened the meeting in Open Session in the Supervisors’ Conference Room. OPEN SESSION Special Meeting Minutes Friday, December 27, 2019 Page 2 of 4 2. POWERS AND DUTIES OF THE BOARD RELATED TO THE COUNTY ASSESSOR, PAUL PETERSEN Consider taking action concerning the powers and duties of the Board related to the County Assessor, Paul Petersen. The Board may take action relating to the County Assessor and the Board's powers and duties. (C-19-20-035-M-00) Chairman Gates noted it has been two months since Assessor Paul Petersen was placed on suspension by the Board of Supervisors. In response to his appeal, a hearing was held and the Board was asked to reverse the suspension. He spoke of neglect of duty and stated a Supplemental Report would be released with further details. Chairman Gates noted the following was included in the Supplemental Report: a laptop computer was purchased utilizing taxpayer funds in 2017; the computer was wiped clean on two separate occasions – October 30, 2019 and again on November 12, 2019; after County Counsel requested the laptop, a search was done on November 29, 2019, on subjects pertaining to how to delete: cookies, Microsoft Word and Microsoft Edge; despite the efforts to wipe the computer clean, over 2,000 documents were found related to Mr. Petersen’s private law practice; and the documents found included screen shots of messages from Mr. Petersen to clients of which Chairman Gates gave a few examples. Chairman Gates noted the findings regarding the computer are noted in the Supplemental Report as a violation of four separate Arizona laws. Chairman Gates gave the following summary of events: October 8, 2019 – Mr. Petersen was arrested in connection with criminal charges in three separate jurisdictions; October 24, 2019 – A letter was sent to Mr. Petersen via U.S. Marshall requesting a response to two questions, of which he read aloud: 1. Since you were arrested and detained on October 8, 2019, how are you fulfilling your duties as the elected Assessor? 2. Please explain how and why over 1,000 documents relating to your private practice are stored on your County desktop and/or the County servers or physically stored in your County office? No response has been received either from Mr. Petersen or through his attorney; October 28, 2019 – Board of Supervisors voted to suspend Mr. Petersen pursuant to ARS § 11-664; and December 11, 2019 – an appeal hearing was held where Assessor Paul Petersen could present testimony, call witnesses and present evidence to support his position that the Board had erred in his suspension. Chairman Gates pointed out that two witnesses were called upon at the appeal hearing. One of the witnesses, Timothy Boncoskey, Chief Deputy Assessor, spoke at the hearing regarding the MARS project, which is a significant software update within the department. Mr. Boncoskey testified that when he realized the MARS project was not able to be completed by the specified deadline he was unable to contact Mr. Petersen so he called Chairman Gates regarding the issue. Special Meeting Minutes Friday, December 27, 2019 Page 3 of 4 Chairman Gates said within the Supplemental Report it is stated that nothing presented at the appeal hearing caused any change to the previous findings or conclusions. Mr. Petersen did not fulfill his duty as Assessor while he was in custody for 20 days. Mr. Petersen neglected his duty as Assessor by having documents related to his private practice and adoption business on County property. Mr. Petersen had a duty to protect County property, which he failed to fulfill when the County computer was used for his private adoption practice. He noted the following were also part of the Supplemental Report: Shocking text messages were found on the computer; Laptop is now in the possession of the Attorney General. Chairman Gates stated the Preliminary and Supplemental Reports show not only neglect of duty but also willful misconduct. Supervisor Gallardo thanked Chairman Gates for his leadership throughout the process. He spoke about keeping an open mind and noted his appreciation to the employees in the Assessor’s Office for their continued work. He kept an open mind until the report came out. He noted his outrage of the comments found on the computer regarding women. He spoke of the County participation in the fight against domestic abuse and said the report contained examples of threatening comments made to the women. He spoke of Mr. Petersen engaging in the activity on County time using taxpayer resources. All of which Supervisor Gallardo considers as human trafficking while on County time. He concurs with the Board’s decision to suspend Mr. Petersen as allowed by statute and the Supplemental Report reaffirmed the Board was correct in their decision as well. He supports upholding the suspension of Mr. Petersen and starting the process of misconduct while in office. Supervisor Sellers stated he had nothing to add, noted how frustrating the situation has been for the Board and indicated he would like the Assessor’s Office to run smoothly. He ensured that the County is doing what is proper for constituents. Supervisor Chucri reviewed the following comments which were noted by Chairman Gates: This started while Mr. Petersen was in custody; The Assessor’s Chief Deputy could not contact Mr. Petersen so he called Chairman Gates; The Board did what was allowable within statute; He noted that within the Supplemental Report the following documents were found on the laptop: 867 medical records, 429 adoption services agreements, 342 affidavits, 216 law office bank records, 72 adoption file documents, 71 petitions for adoption, 70 other documents related to adoption services, 53 text messages with clients pertaining to his private practice, 47 court orders or reports pertaining to adoption and 40 pleadings or orders pertaining to bankruptcy; Supervisor Chucri said the report speaks volumes. Maricopa County is an institution of public trust and the report shows that Mr. Petersen used it as his personal currency. He noted the following Arizona State Statutes were violated: § 38-421, § 13-2407, § 13- 1602 and § 13-2809. The Board has been quiet and now is the time to speak out on how disappointing the findings are to the Board. Mr. Petersen’s actions are not becoming of an individual or as an Officer of the County. Supervisor Hickman spoke about how this occurrence is a first for the Board regarding a Special Meeting Minutes Friday, December 27, 2019 Page 4 of 4 public officer and noted his appreciation to Chairman Gates for his leadership. He agreed with Supervisor Gallardo’s comment noting that the Board has kept an open mind and tried to keep the politics out. He stated he would be asking the Maricopa County and State Republican parties to request Mr. Petersen to resign from office. He noted the office has been treated as leverage for something entirely different. He noted the Supplemental Report is public information, which shows how Mr. Petersen treated the Assessor’s Office. He noted how upset he has been through the entire process. The Board must guard the public treasury and the public’s trust. He noted the appreciation to his colleagues as they navigated through the process. Supervisor Hickman made the following motion: Move to sustain the 120-day suspension of Assessor Paul Petersen pursuant to ARS § 11-664 and issue an opinion in support of our decision. Motion was seconded by Supervisor Chucri The Clerk called the roll with the following result: Ayes: Sellers, Chucri, Gates, Hickman, Gallardo Supervisor Hickman made the following motion: Move to recommend the County Attorney pursue removal of the Assessor Paul Petersen for willful misconduct in office pursuant to ARS § 38-341. Motion was seconded by Supervisor Chucri The Clerk called the roll with the following result: 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