Agenda

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ARF- 1868

Regular Agenda Item 2- L

Regular BOS Meeting

Meeting Date:	06/04/2013
Submitted For:	Bryan Chambers
Submitted By:	Bryan Chambers, Chief Deputy County Attorney, County Attorney
Department:	County Attorney
Fiscal Year:	2013	Budgeted?:	No
Contract Dates Begin & End:	8-2-2011 though current	Grant?:	No
Matching Requirement?:	No	Fund?:	New

Information

Request/Subject

AJP Electric has filed a Summons and Complaint against Gila County alleging breach of contract, unjust enrichment, and violation of state statute in regards to a construction contract. The County Attorney’s Office requests the opportunity to update the Board of Supervisors and provide legal advice to the Board regarding the lawsuit. Pursuant to A.R.S. § 38-431.03(A)(3), the Board may vote to go into executive session to receive legal advice from its attorney on this matter. Additionally, the County Attorney’s Office requests that the Board consider its position in the litigation, direct its attorneys on how they should proceed in the litigation, and direct its attorneys on how or whether to engage in settlement discussions. Pursuant to A.R.S. § 38-431.03(A)(4), the Board may vote to go into executive session to consider its position in the litigation, direct its attorneys on how they should proceed in the litigation, and direct its attorneys on how or whether to engage in settlement discussions.

Background Information

Evaluation

Since this item involves pending litigation, and it is necessary to get the Board’s direction on how to proceed to resolve the litigation, the County Attorney’s Office recommends that the Board go into executive session pursuant to A.R.S. § 38-421.03(A)(3)-(4).

Conclusion

The County Attorney’s Office recommends that pursuant to A.R.S. § 38-431.03(A)(3), the Board vote to go into executive session to receive legal advice from its attorney on this matter. Additionally, the County Attorney’s Office recommends that pursuant to A.R.S. § 38-431.03(A)(4), the Board vote to go into executive session to consider its position in the litigation, direct its attorneys on how they should proceed in the litigation, and direct its attorneys on how or whether to engage in settlement discussions.

Recommendation

Suggested Motion

Information/Discussion/Action to vote to go into executive session pursuant to A.R.S. § 38-431.03(A)(3), to receive legal advice from its attorney on a Summons and Complaint filed against Gila County by AJP Electric, and pursuant to A.R.S. § 38-431.03(A)(4), to consider its position in the litigation, direct its attorneys on how they should proceed in the litigation, and direct its attorneys on how or whether to engage in settlement discussions. (Bryan Chambers)

Attachments
Claim
Complaint