Agenda

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ARF- 4081

Executive Session Item 8. B.

Regular BOS Meeting

Meeting Date:	12/06/2016
Submitted By:	Athena Gooding, Legal Secretary, Lead
Department:	County Attorney
Fiscal Year:	2015-2016	Budgeted?:	No
Contract Dates Begin & End:	2015-2016	Grant?:	No
Matching Requirement?:	No	Fund?:	New

Information

Request/Subject

Sunrun Inc. v. The Arizona Department of Revenue, et. al. TX 2016-001025.

Background Information

The Gila County Clerk of the Board of Supervisors received a summons and complaint on November 21, 2016 in the matter of Sunrun Inc. v. The Arizona Department of Revenue, et. al., TX2016-001025.

There are eight other Arizona counties named in this lawsuit. The Arizona Attorney General's Office has offered to represent the counties' interests in this lawsuit.

Evaluation

The Gila County Board of Supervisors may vote to go into executive session pursuant to A.R.S. § 38-431.03(A)(3) or (4) for discussion or consultation for legal advice with its attorney or attorneys and to consider its position and instruct its attorney or attorneys regarding its position in pending litigation or in settlement discussions conducted in order to avoid or resolve litigation.

Conclusion

During an executive session the offer of the Arizona Attorney General to represent the interests of Gila County in this matter may be considered.

Recommendation

The Gila County Attorney's Office recommends that the board vote to go into executive session for discussion or consultation with its attorney or attorneys for legal advice and to consider its position and instruct its attorney or attorneys regarding its position in Sunrun vs. Arizona Department of Revenue, TX2016-001025.

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 the offer extended by the Arizona Attorney General's Office to represent Gila County's interests in the matter of Sunrun Inc. v. Gila County, et. al., TX 2016-001025, and, 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
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