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AI- 4704

Special / Executive Session Board of Supervisors Meeting

Meeting Date:: 08/13/2019
Title:: County’s response to the special action lawsuit filed by journalist Terri Jo Neff
Submitted By:: Kim Lemons, Board of Supervisors
Department:: Board of Supervisors

Presentation:

Recommendation:

Document Signatures:

# of ORIGINALS
Submitted for Signature:

NAME
of PRESENTER:

Christine J. Roberts

TITLE
of PRESENTER:

Civil Deputy County Attorney

Mandated Function?:

Source of Mandate
or Basis for Support?:

Information

Agenda Item Text:

Board of Supervisors

Pursuant to A.R.S. § 38-431.03(A)(3) and (4), the Board may go into executive session for legal advice with the attorney of the public body and to consider its position and instruct its attorneys regarding the public body's position in pending litigation.

Discussion and possible direction regarding the County’s response to the special action lawsuit filed by journalist Terri Jo Neff on July 30, 2019, Terri Jo Neff v. Cochise County, et al., CV201900323.

Background:

On April 12, 2019, journalist Terri Jo Neff submitted a public records request for copies of the engagement letter with and legal billing invoices from attorney Jim Jellison of Jellison Law Form for his representation of the County on York v. Cochise County, CV201900183, the lawsuit concerning the appointment of Pat Call to JP-5. On April 17, 2019, Civil Deputy County Attorney Christine J. Roberts responded to Ms. Neff, informing her that the requested documents were subject to attorney-client privilege, the (redacted) legal billing invoices were not subject to release until after the litigation was concluded, and the engagement letter was not disclosable at all. Ms. Neff then filed a complaint with the Arizona Ombudsman’s Office to obtain a copy of the engagement letter. After speaking with the County Attorney’s Office about the matter, Danee Garone of the Ombudsman’s Office decided not to take any action on Ms. Neff’s complaint. Subsequently, Ms. Neff filed the instant special action lawsuit to compel the County to produce the engagement letter. Ms. Neff also seeks damages, costs and legal fees. The County was served with the special action lawsuit on August 5, 2019, and the response is due on August 26, 2019.

Department's Next Steps (if approved):

Implement any direction provided by Board of Supervisors.

Impact of NOT Approving/Alternatives:

N/A

To BOS Staff: Document Disposition/Follow-Up:

N/A

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