AI- 4365
.
Special / Executive Session Board of Supervisors Meeting
- Meeting Date:
- 01/22/2019
- Title:
- Executive Session to discuss SPRNCA trial and obtain direction from Board
- Submitted By:
- Sara Ransom, County Attorney
- Department:
- County Attorney
Presentation:
No A/V Presentation
Recommendation:
Document Signatures:
# of ORIGINALS
Submitted for Signature:
Submitted for Signature:
NAME
of PRESENTER:
of PRESENTER:
Sara V. Ransom
TITLE
of PRESENTER:
of PRESENTER:
Deputy County Attorney
Mandated Function?:
Source of Mandate
or Basis for Support?:
or Basis for Support?:
Information
Agenda Item Text:
Discussion and possible direction regarding the San Pedro Riparian National Conservation Area (SPRNCA) trial in the San Pedro River Adjudication that is set to commence on January 28, 2019.
Pursuant to A.R.S. 38-431.03(A)(3) and (4), the Board of Supervisors may enter executive session to allow the Deputy County Attorney to advise the Board of developments and allow the Board to evaluate litigation strategy related to the SPRNCA trial.
Pursuant to A.R.S. 38-431.03(A)(3) and (4), the Board of Supervisors may enter executive session to allow the Deputy County Attorney to advise the Board of developments and allow the Board to evaluate litigation strategy related to the SPRNCA trial.
Background:
The San Pedro Riparian National Conservation Area ("SPRNCA") trial is scheduled to proceed from January 28, 2019 through March 14, 2019, with a one week hiatus during the week of February 18. At trial, the parties will present evidence related to the quantification of the Bureau of Land Management's ("BLM") claim to a federal reserved right in surface and groundwaters sufficient to fulfill the needs of the SPRNCA reservation. The trial court will also consider evidence and determine the legal boundaries of lands within the SPRNCA, and detail lands excluded from the SPRNCA, including certain County lands. The County Attorneys' Office appeared in the SPRNCA litigation in May 2017 and has participated in the proceedings to represent the County's interests since that time. The County will present testimony and evidence in support of its stated positions on the issues in dispute, as further detailed in the County's section of the Joint Pre-Trial Statement, filed on December 21, 2018.
Department's Next Steps (if approved):
If the Board enters executive session as suggested, the County Attorneys' Office will provide the Board with a privileged update and legal advise on developments, suggest litigation strategies and options, and request guidance from the Board of Supervisors with respect to the County's arguments and desired outcomes at the upcoming trial.
Impact of NOT Approving/Alternatives:
If the Board does not enter executive session, then the information provided by the County Attorneys' Office will not be subject to any privilege, and will instead be public information.
If the Board does not provide guidance to the County Attorneys' Office, then the County Attorneys' Office will proceed to trial with the guidance that was previously provided by the Board during a previous executive session in or about 2017.
If the Board does not provide guidance to the County Attorneys' Office, then the County Attorneys' Office will proceed to trial with the guidance that was previously provided by the Board during a previous executive session in or about 2017.
To BOS Staff: Document Disposition/Follow-Up:
The County Attorneys' Office does not anticipate that any documents will be generated from this executive session.
Fiscal Impact
- Fiscal Year:
- 2019
- One-time Fixed Costs? ($$$):
- 20,000
- Ongoing Costs? ($$$):
- 0
- County Match Required? ($$$):
- A-87 Overhead Amt? (Co. Cost Allocation $$$):
- Source of Funding?:
- County
Fiscal Impact & Funding Sources (if known):
The anticipated litigation expenses were previously budgeted and presented to the County Administrator, as the anticipated expenses are less than $20,000. The County Attorneys' Office does not anticipate any additional expenses, and thus will not seek a second approval of the previously-approved litigation budget pertaining to this trial.