Agenda

Back to Calendar Return

ARF- 3566

Executive Session Item 7. B.

Regular BOS Meeting

Meeting Date:	02/02/2016
Submitted For:	Jefferson Dalton
Submitted By:	Athena Gooding, Legal Secretary, Lead, County Attorney
Department:	County Attorney
Fiscal Year:	2014-15	Budgeted?:	No
Contract Dates Begin & End:	2014-2015	Grant?:	No
Matching Requirement?:	No	Fund?:	New

Information

Request/Subject

Continental Energy, LLC v. Gila County, TX2015-000950 Request for Waiver of Service and a Request to allow the Attorney General's Office to represent Gila County in this matter.

Background Information

The Clerk of the Board of Supervisors has received a request for waiver of service from an attorney representing Continental Energy, LLC, an Arizona limited liability company. The request is to waive service of a complaint filed in Arizona Tax Court. If the Board decides not to waive service, the attorney representing Continental Energy, LLC has stated an intention to have the County served formally and then petition the Court to assess the County the costs associated with that service.

Assuming the Board agrees to waive service, the Board of Supervisors will also need to direct its counsel regarding whether or how to defend against the action.

The Attorney General's Office has offered to represent Gila County along with the other counties named in this lawsuit.

Evaluation

The Board may vote to go into executive session pursuant to A.R.S. § 38-431.03(A)(3) to receive legal advice on this item and pursuant to A.R.S. § 38-431.03(A)(4) to instruct its attorney regarding whether or how to defend against the action and if they choose to allow the Attorney General's Office to represent Gila County.

Conclusion

The Board should decide whether to waive service of the summons and complaint in this action and should direct its attorney as to whether it should be turned over to the Attorney General's Office for future proceedings.

Recommendation

N/A

Suggested Motion

Information/Discussion/Action to vote to go into executive session pursuant to A.R.S. § 38-431.03(A)(3) and 38-431.03(A)(4) regarding a Request for Waiver of Service for Continental Energy, LLC v. Gila County, TX2015-000950, and a request to allow the Attorney General's Office to represent Gila County in this matter. After the Regular Meeting has been reconvened, move to direct the County Attorney's Office to proceed as directed in the executive session regarding this agenda item. (Jeff Dalton)

Attachments
No file(s) attached.