AI- 6732
.
Special / Executive Session Board of Supervisors Mtg-9:00 am
- Meeting Date:
- 10/25/2022
- Title:
- Discussion of the Hoffard vs. Cochise County Board of Supervisors lawsuit
- Submitted By:
- Susana Stark, 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:
Christine J. Roberts
TITLE
of PRESENTER:
of PRESENTER:
Chief Civil Deputy County Attorney
Mandated Function?:
Source of Mandate
or Basis for Support?:
or Basis for Support?:
Information
Agenda Item Text:
Discussion, direction, and possible action regarding the ongoing litigation and potential settlement regarding Hoffard v. Cochise County Board of Supervisors, CV-20-00243-TUC-SHR.
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 attorneys regarding the public body’s position in pending litigation.
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 attorneys regarding the public body’s position in pending litigation.
Background:
On August 31, 2020, the Board of Supervisors and Elections Director, Lisa Marra was served with a voter disability discrimination lawsuit and motion for preliminary injunction for Plaintiff Kathleen Hoffard. Ms. Hoffard is represented by the Arizona Center for Disability Law (“ACDL”). The crux of the matter is that Plaintiff believes the County’s elimination of curbside voting amounts to disability discrimination in violation of the Americans with Disabilities Act (“ADA”), Section 504 of the Rehabilitation Act and the Arizona Civil Rights Act (“ACRA”).
The County eliminated curbside voting because its vote centers are ADA accessible and ADA compliant in accordance with the Department of Justice (DOJ) guidelines for vote centers. Further, the County’s position is that the ADA does not specifically require curbside voting as an accommodation, in light of all of the many other available options to vote in the County.
On October 22, 2020, the Court denied Plaintiff’s motion for preliminary injunction. On June 30, 2021, the Court denied the County’s motion to dismiss. On July 13, 2021, the County answered Plaintiff's Complaint. Discovery has been ongoing since September 2021, to includes vote center inspections, written discovery, and depositions.
On August 16, 2022, the County announced a new curbside voting process (which did not create any additional expense for the County in terms of equipment or staff) and agreed to participate in a settlement conference with Plaintiff. On September, 1, 2022, the Court stayed the case and referred it to Judge Bruce G. Macdonald for a settlement conference, which was held on Monday, October 3, 2022.
At this time, the Cochise County Attorney’s Office would like to discuss the lawsuit, current procedural posture, legal strategy, the settlement conference, and solicit guidance and direction regarding potential settlement with the Board.
The County eliminated curbside voting because its vote centers are ADA accessible and ADA compliant in accordance with the Department of Justice (DOJ) guidelines for vote centers. Further, the County’s position is that the ADA does not specifically require curbside voting as an accommodation, in light of all of the many other available options to vote in the County.
On October 22, 2020, the Court denied Plaintiff’s motion for preliminary injunction. On June 30, 2021, the Court denied the County’s motion to dismiss. On July 13, 2021, the County answered Plaintiff's Complaint. Discovery has been ongoing since September 2021, to includes vote center inspections, written discovery, and depositions.
On August 16, 2022, the County announced a new curbside voting process (which did not create any additional expense for the County in terms of equipment or staff) and agreed to participate in a settlement conference with Plaintiff. On September, 1, 2022, the Court stayed the case and referred it to Judge Bruce G. Macdonald for a settlement conference, which was held on Monday, October 3, 2022.
At this time, the Cochise County Attorney’s Office would like to discuss the lawsuit, current procedural posture, legal strategy, the settlement conference, and solicit guidance and direction regarding potential settlement with the Board.
Department's Next Steps (if approved):
Implement any direction provided by Board of Supervisors.
Impact of NOT Approving/Alternatives:
Legal strategy may be inconsistent with the Board’s objectives
To BOS Staff: Document Disposition/Follow-Up:
N/A