Supervisors set new public hearing to reaffirm Cochise County jail district amid questions over its legal status and funds

The Cochise County Board of Supervisors unanimously voted July 1 to adopt Resolution 25-16, which calls a public hearing Aug. 5 to consider the continued establishment of the Cochise County Jail District and to clarify the path forward before a November ballot on funding.

The action follows litigation and a settlement related to earlier steps to form the jail district and a previously collected excise tax. County legal counsel and staff told the board the resolution is intended to “cover our bases” after a settlement and avoid repeating problems found in the earlier process, including confusion over whether a mail‑ballot format had been properly announced.

During public comment, Tricia Jeradette of Sierra Vista asked the board for public links to the settlement (Daniel Lechants et al.) and sought clarification about whether “inactive voters” would be included in any ballot list and whether the proposed funding mechanism would be decided by voters in November. Jeradette said the resolution wording and supporting materials were confusing and asked for greater transparency about how any already-collected monies would be treated if a new election is held.

Supervisor Tom Crosby raised questions about whether a jail district ever legally existed and whether the board can lawfully continue or “re-establish” a district that may not have been validly created previously. Crosby urged the board to consider seeking a declaratory judgment from an out-of-county judge to resolve whether the district exists and how the previously collected funds should be handled. Several staff members acknowledged those legal questions and offered to include the issues in an upcoming executive session with counsel.

County counsel said the settlement referenced in the resolution is available on the county website under the March 27, 2025 agenda packet, and that staff intends to publish a clear publicity pamphlet and follow statutory notice requirements for the Aug. 5 hearing. Counsel explained that in 2022 the board had adopted prior resolutions and held public hearings as required by statute, but that the settlement and subsequent procedural issues left the county without a current excise tax for the jail district past July 31, 2025. The new resolution calls a hearing to consider continuing the district so that the November ballot question would be unambiguous to voters.

The board approved Resolution 25-16 by a 3-0 vote. The resolution sets the public hearing for 10 a.m. Aug. 5 in the Board of Supervisors hearing room and directs staff to publish statutory notices and a publicity pamphlet for households with registered voters. Supervisors and staff said the Aug. 5 hearing will be held as the board of supervisors and will include an opportunity for public comment and additional clarification on legal and fiscal questions.

Board members asked staff to prepare clear voter materials that explain how any previously collected funds would be used in either outcome and whether funds would be returned to taxpayers if a future ballot measure fails; staff said those details would be addressed in public materials and legal review prior to election mailing.