AI- 7040
.
Special / Executive Session Board of Supervisors Mtg-9:00 am
- Meeting Date:
- 04/25/2023
- Title:
- Arizona Center for Investigative Reporting v. Cochise County Sheriff Litigation and possible settlement
- Submitted By:
- Tim Mattix, Board of Supervisors
- Department:
- Board of Supervisors
Presentation:
No A/V Presentation
Recommendation:
Document Signatures:
# of ORIGINALS
Submitted for Signature:
Submitted for Signature:
NAME
of PRESENTER:
of PRESENTER:
Paul Correa
TITLE
of PRESENTER:
of PRESENTER:
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 settlement of a public records lawsuit called Arizona Center for Investigative Reporting v. Cochise County Sheriff, S0200CV202300129, filed in Cochise County Superior Court.
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 or in settlement discussions conducted in order to avoid or resolve 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 or in settlement discussions conducted in order to avoid or resolve litigation.
Background:
The Cochise County Sheriff's Office (CCSO) handles its own Public Records Requests. Plaintiff alleged undue delay in fulfilling a request made in 2022. The records were produced after Plaintiff filed suit. Under the Public Records Law, Plaintiff is entitled to seek its fees and costs. To terminate the litigation and mitigate damages, the parties have discussed a stipulated dismissal conditioned on the County voluntarily paying Plaintiff’s attorneys’ fees and costs, thereby eliminating the need for any further court involvement.
Impact of not approving: Further litigation work would be required and the County would be responsible for paying additional fees and costs.
Impact of not approving: Further litigation work would be required and the County would be responsible for paying additional fees and costs.
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