AI- 7567
.
Special/Executive Session Board of Supervisors Mtg-CANCELED
- Meeting Date:
- 03/01/2024
- Title:
- Response to AG request for Nov 7, 2022, Executive Session Minutes
- Submitted By:
- Sharon Gilman, 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:
Richard Karwaczka
TITLE
of PRESENTER:
of PRESENTER:
County Administrator
Mandated Function?:
Source of Mandate
or Basis for Support?:
or Basis for Support?:
Information
Agenda Item Text:
Discussion and possible direction regarding the County's response to a request from the Arizona Attorney General's Office for the Executive Session minutes from the November 9, 2022, Special Meeting in connection to an ongoing Open Meeting Law violation investigation.
Pursuant to A.R.S. § 38-431.03(A)(3), the Board may go into executive session for discussion or consultation for legal advice with the attorney or attorneys of the public body.
Pursuant to A.R.S. § 38-431.03(A)(3), the Board may go into executive session for discussion or consultation for legal advice with the attorney or attorneys of the public body.
Background:
On February 7, 2024, the Board of Supervisors received a letter from Shannon Hawley Mataele, Assistant Attorney General, regarding supplemental information received regarding ongoing investigation No. OML2022-0073. The letter requested a response to the allegation indicating that the Board’s decision to appeal the Cochise County Superior Court’s November 7, 2022, ruling in CV-202200518 was not voted on and approved by the Board at a public meeting. The Open Meeting Law provides that “[a]ll legal action of public bodies shall occur during a public meeting.” A.R.S. § 38-431.01(A).
The Clerk of the Board of Supervisors sent a response on February 12, 2024, providing details of the public posting, agenda, public minutes, video recording, and privilege log relating to the Executive Session minutes for the November 9, 2022, Emergency Meeting. Ms. Mataele then made a subsequent request for the Executive Session minutes. The Clerk is seeking the Board's direction on submitting these minutes to the Attorney General as the information contained is confidential under attorney-client privilege. Relevant statutes for this matter are A.R.S. §38-431.03 and §38-431.06.
The Clerk of the Board of Supervisors sent a response on February 12, 2024, providing details of the public posting, agenda, public minutes, video recording, and privilege log relating to the Executive Session minutes for the November 9, 2022, Emergency Meeting. Ms. Mataele then made a subsequent request for the Executive Session minutes. The Clerk is seeking the Board's direction on submitting these minutes to the Attorney General as the information contained is confidential under attorney-client privilege. Relevant statutes for this matter are A.R.S. §38-431.03 and §38-431.06.
Department's Next Steps (if approved):
Act as directed by the Board.
Impact of NOT Approving/Alternatives:
NA
To BOS Staff: Document Disposition/Follow-Up:
NA