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  Executive Session Item     7. A.    
Regular BOS Meeting
Meeting Date: 03/10/2020  
Submitted For: Jefferson Dalton Submitted By: Athena Gooding, Legal Secretary, Lead
Department: County Attorney  
Fiscal Year: 2019-2020 Budgeted?: No
Contract Dates
Begin & End:
2019-2020 Grant?: No
Matching
Requirement?:
No
Fund?: New

Information
Request/Subject
The Gila County Attorney's Office hereby requests that the Gila County Board of Supervisors give it instructions regarding the Board's position in the matter of CENTURYLINK CORPORATION, a Delaware corporation, Plaintiff, vs. ARIZONA DEPARTMENT OF REVENUE (ADOR), an agency of the State of Arizona; and the COUNTIES of Apache, Cochise, Coconino, Gila, Graham, Greenlee, La Paz, Maricopa, Mohave, Navajo, Pima, Pinal, Santa Cruz, Yavapai, and Yuma, each of which is a political subdivision of the State of Arizona, Defendants, regarding Arizona Tax Court No. TX2019-001726.
Background Information
Centurylink is a telecommunications company as defined by A.R.S. Section 42-14401. Under A.R.S. Section 42-14403, the Arizona Department of Revenue (ADOR) shall determine the valuation of Centurylink owned property in the State of Arizona. Under A.R.S. Section 42-14404(A)(1), ADOR shall apportion the valuation among the several counties where Centurylink owns property.

Centurylink believes that ADOR has overvalued its property throughout the state and that it is entitled to have the tax roll for the 2020 tax year corrected in each county to reflect the correct full cash and limited property values for its property and to receive any applicable refund.

Centurylink was required by A.R.S. Section 42-16208 to name both ADOR and each county in which it has property, as defendants.

Gila County is a named defendant in this case, with other Arizona counties. The Arizona Attorney General's Office has been authorized to represent the interests of Gila County, along with the other counties named in the lawsuit. The County Attorney's Office needs instructions from the Board on how to proceed regarding a possible settlement.
Evaluation
The Board may vote to go into executive session pursuant to A.R.S. § 38-431.03(A)(4) to consider its position and instruct its attorneys regarding its position in this pending litigation or in settlement discussions conducted in order to avoid or resolve the litigation.
Conclusion
The Board's attorneys recommend it vote to go into executive session to consider this matter.
Recommendation
The Board's attorneys recommend it vote to go into executive session to consider this matter.
Suggested Motion
Information/Discussion/Action to vote to go into executive session under A.R.S. § 38-431.03(A)(3) and (4) for discussion or consultation with the attorneys for the Gila County Board of Supervisors in order to consider its position and instruct its attorneys regarding its position in pending litigation, or in settlement discussions to be conducted in order to avoid or resolve litigation, in the matter of CENTURYLINK CORPORATION, a Delaware corporation, Plaintiff, vs. ARIZONA DEPARTMENT OF REVENUE, an agency of the State of Arizona; and the COUNTIES of Apache, Cochise, Coconino, Gila, Graham, Greenlee, La Paz, Maricopa, Mohave, Navajo, Pima, Pinal, Santa Cruz, Yavapai, and Yuma, each of which is a political subdivision of the State of Arizona, Defendants regarding Arizona Tax Court No. TX2019-001726. (Jefferson Dalton)

Attachments
SUMMONS, COMPLAINT AND NOTICE OF APPEAL OF PROPERTY TAX VALUATION

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