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Consent   5.
Regular Board of Supervisors Meeting
County Attorney
Meeting Date:
03/13/2012
Title:
Delegate County Attorney to initiate litigation for collections of monies owed to the County
Submitted By:
Sue Blanchard, County Attorney
Department:
County Attorney
Presentation:
No A/V Presentation
Recommendation:
Approve
Document Signatures:
BOS Signature Required
# of ORIGINALS
Submitted for Signature:
1
NAME
of PRESENTER:
N/A
TITLE
of PRESENTER:
N/A
Docket Number (If applicable):
Mandated Function?:
Not Mandated
Source of Mandate
or Basis for Support?:

Information

Agenda Item Text:

Adopt Resolution 12-04 authorizing the County Attorney to initiate litigation for the collection of monies owed to the County pursuant to A.R.S. §11-475 (Recorders Office fees).

Background:

Arizona Revised Statute §11-475 authorizes the County Recorder to collect small fees for copying documents and for mailing documents. Occasionally a person or title company requesting such service fails to pay the fees. Pursuant to Arizona Revised Statute §11-201 the authority to sue on behalf of the County is reserved to the Board of Supervisors but can be delegated to authorized agents and county officers. Staff is recommending the authority in for filing suit in this specific type of collections case (Recorder’s fees) be delegated to the County Attorney so as not to have to burden the Board of Supervisors multiple (low dollar value) requests.

Fiscal Impact & Funding Sources: Not applicable, no funding sources are required. Fiscal impact would be a very slight increase in County Revenue from collection of delinquent fees.

Department's Next Steps (if approved):

Upon approval by the Board, the County Attorney’s Office will work with the Recorder’s Office to identify persons and companies with past due bills for copies and mailing and will initiate collections litigation as appropriate.

Impact of NOT Approving/Alternatives:

The County would lose out on revenue that it is statutorily entitled to.

To BOS Staff: Document Disposition/Follow-Up:

Advise County Attorney's Office - Civil Division, and the Recorder’s Office, upon the Board's approval. Record the Resolution and provide a certified copy to the County Attorney’s Office – Civil Division.

Attachments