Board waives privilege on outside legal opinion, directs county manager to hire separate counsel on employment matters

The Pinal County Board of Supervisors on April 30 voted to waive attorney-client privilege for a legal opinion authored April 28 by outside counsel Scott Rhodes and Jessica Gale and then directed the county manager to retain separate outside counsel to advise the board on employment matters involving the County Attorney's Office.

Outside counsel Scott Rhodes told the board the narrow question he and his partner were retained to examine was whether the County Attorney’s Office has an actual or potential conflict of interest advising the board on recent hires involving that office. Rhodes said the letter concludes the county attorney has a conflict on those employment matters and “the county attorney can continue to advocate for its position on its own, but it cannot direct or advise the board with respect to those employment matters.”

The board first made a formal motion to waive privilege on the April 28 opinion so Rhodes could summarize its conclusions for the public; the board chair later confirmed the letter would be posted to the meeting minutes and the agenda. After Rhodes summarized the opinion and recommended the board quickly retain counsel given the sensitivity and the public funds involved, a second motion directed the county manager to retain outside legal counsel for representation of the board on these employment matters. The motion carried by voice vote.

Board members emphasized the board intended a narrow retention limited to the specific employment issues described in the opinion. Rhodes and Gale told the board the scope and conclusion in their letter were narrow and limited to recent hires that pertain to the County Attorney’s Office and the board’s ability to receive legal advice on those specific matters. Rhodes urged the board to move “efficiently to try to resolve those issues.”

No formal disciplinary action or specific personnel decisions were taken during the meeting; the board’s action was limited to waiving privilege on the opinion and authorizing the manager to retain outside counsel. The board and outside counsel repeatedly characterized the matter as limited to whether the County Attorney’s Office is able to represent the board on particular employment questions because of a conflict of interest.

The county clerk will post the April 28 opinion and the minutes of the April 30 meeting with the record of the votes.