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11.B.
City Council Meeting - FINAL (AMENDED)
Meeting Date:
05/07/2024
From:
Sterling Solomon, City Attorney

TITLE:

Consideration and Adoption of Resolution No. 2024-21:  A resolution approving settlement of the City’s attorney fees in City of Flagstaff v. State of Arizona, et. al., Case No.: CV2021-011210 in the Maricopa County Superior Court relating to Flagstaff’s local minimum wage and its alleged impacts on agencies of the State of Arizona operating in Flagstaff.
 

STAFF RECOMMENDED ACTION:

  1. Read Resolution No. 2024-21 by title only
  2. City Clerk reads Resolution No. 2024-21 by title only (if approved above)
  3. Adopt Resolution No. 2024-21

Executive Summary:

City staff recommends that the City Council authorize and approve settlement of City’s attorney fees in City of Flagstaff v. State of Arizona, et. al., Case No.: CV2021-011210 in the Maricopa County Superior Court. The lawsuit was a declaratory action brought by the City of Flagstaff against State of Arizona (State). The lawsuit sought to enjoin the State from enforcing A.R.S. § 35-121.01 which sought reimbursement to the State for alleged impacts of Flagstaff’s minimum wage. After the City of Flagstaff prevailed, this resolution is a settlement of the City’s attorney fees in the case.  

Financial Impact:

The City of Flagstaff is no longer required under A.R.S § 35-121.01 to pay any amounts to the State of Arizona for alleged impacts of Flagstaff’s local minimum wage.

Policy Impact:

N/A.

Previous Council Decision or Community Discussion:

City Council authorized the City Attorney’s Office to file a declaratory action through outside legal counsel against the State of Arizona.

Options and Alternatives to Recommended Action:

1. Approve the resolution. (Recommended.)
2. Not approve the resolution.

Connection to PBB Priorities and Objectives:

High Performing Governance

Connection to Regional Plan:

None

Connection to Carbon Neutrality Plan:

None

Connection to 10-Year Housing Plan:

None

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