Agenda

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ARF- 2856

Regular Agenda Item 2. J.

Regular BOS Meeting

Meeting Date:	11/18/2014
Submitted For:	Bryan Chambers
Submitted By:	Bryan Chambers, Deputy County Attorney/Civil Bureau Chief, County Attorney
Department:	County Attorney

Information

Request/Subject

Consideration of appeal from the Gila County Personnel Commission matter S.O. v. Gila County, Gila County Personnel Commission, Jon Barber, David Lagunas, Tom Moody and Ken Voltz in their official capacities as commissioners, Gila County Cause Number CV2014-0210. Pursuant to A.R.S. § 38-431.03(A)(3) and 38-431.03(A)(4), the Board may vote to go into executive session to receive legal advice from its attorney regarding this item and to discuss or consult with the attorney of the public body in order to consider its position and instruct its attorney regarding the public body's position in order to avoid or resolve litigation.

Background Information

S.O. was terminated from his employment at the Gila County Sheriff's Office and appealed his termination to the Gila County Personnel Commission. The Commission affirmed the termination and S.O. filed an action in Superior Court purporting to appeal the decision of the Personnel Commission.

Evaluation

Gila County was named in the appeal as a party and therefore needs to respond to the appeal.

Conclusion

Because Gila County has been named in this appeal, the Board of Supervisors should direct its attorney as to how to respond to the appeal on behalf of Gila County.

Recommendation

The Board of Supervisors should go into executive session pursuant to A.R.S. § 38-431.03(A)(3) and 38-431.03(A)(4) in order to receive legal advice from its attorney regarding this item and to discuss or consult with the attorney of the public body in order to consider its position and instruct its attorney regarding the public body's position in order to avoid or resolve litigation.

Suggested Motion

Move to go into executive session pursuant to A.R.S. § 38-431.03(A)(3) and 38-431.03(A)(4) in order to receive legal advice from its attorney regarding Gila County Cause Number CV2014-0210 (Shawn Osborn v. Gila County, et. al.) and to discuss or consult with the attorney of the public body in order to consider its position and instruct its attorney regarding the public body's position in order to avoid or resolve litigation. Then, after executive session has concluded move to direct the County Attorney's Office to proceed as directed in executive session. (Bryan Chambers)

Attachments
No file(s) attached.