By Maricopa County
The Board of Supervisors voted unanimously to send to the Maricopa County Recorder a new draft of a Shared Services Agreement (SSA) to administer elections. The vote followed a presentation outlining the challenges of negotiations to date. SSA’s outlines roles and responsibilities involved with running elections in accordance with state law.
“For months, the Board and its staff have been negotiating details of a new SSA in good faith,” said Board of Supervisors Chairman Thomas Galvin, District 2. “It’s time the public knows the full story, and this latest agreement includes many concessions from our Board.”
The live-streamed public meeting Thursday offered the most detailed look yet at dogged efforts by the Board of Supervisors to negotiate a new SSA after the previous one was terminated by Recorder Heap in late January. Today, staff and legal counsel presented a timeline of communication and negotiation efforts which included repeated threats by the Recorder to sue the Board of Supervisors.
“Recorder Heap has not been a trustworthy partner in these negotiations. He doesn’t seem to know what he wants. He doesn’t seem to understand his statutory responsibilities. The only thing he seems to be really good at is threatening lawsuits,” said Supervisor Kate Brophy McGee, District 3. “But there’s time for him to change. He can come back to the table and sign this agreement. I hope he does. Successful elections in Maricopa County depend on it.”
For months, the Recorder has falsely claimed the Board stripped him of powers. Information presented at today’s meeting detailed the Recorder’s misunderstanding of state law, the powers of his office, and the nature of previous shared services agreements.
During the presentation, Board members spoke about their own personal interactions with Recorder Heap.
“I’m beyond frustrated,” said Supervisor Debbie Lesko, District 4. “After the April 11th meeting between Recorder Heap and Supervisors Galvin and Brophy-McGee, Justin texted me saying the meeting ‘went very well, we seem to be in agreement on 95% and are only discussing minor details on how to effectively split the IT team.’ Our lawyer writes up the agreement based on the meeting and then, next thing I know, Justin fires his attorney and we seem to be back to square one.”
The most recent draft of the SSA, first shared with Recorder’s counsel on April 12 and shared again in a letter to Recorder Heap himself today, is the result of months of negotiations between Board members, the Recorder, and their respective staff and attorneys. The red-lined version of the draft SSA shows changes the Board agreed to that the Recorder and his staff had specifically requested.
“Based on my conversations with Recorder Heap and the Board, we are 95% of the way to a final SSA agreement. I am optimistic that a new SSA will be signed soon. That’s what voters deserve and that’s what we should all be focused on and that is good news,” said Supervisor Mark Stewart, District 1.
Arizona law divides election responsibilities between boards of supervisors and county recorders. Shared service agreements in Maricopa County can provide guidance on areas of the law that are vague and can also create efficiencies that save money and time.
“It’s time to get this done,” said Supervisor Steve Gallardo, District 5. “In all my time on the Board, I’ve never had SSA negotiations drag on this long or involve a recorder who goes out in public and bad mouths us or threatens litigation. C’mon, Recorder Heap. Let’s put the voters first.”
If and when there is a final Shared Services Agreement to consider, it will be considered at a public meeting and the public will have the opportunity to comment before any vote.
