Cochise County jail district reviews publicity pamphlet for proposed bond-funded excise tax

Cochise County Jail District board members met Aug. 18 in the Board of Supervisors Conference Room to review a draft publicity pamphlet for a proposed excise tax and bond to pay for construction of a new jail. Board members and staff discussed statutory content requirements for the pamphlet, alternative amortization schedules, translation needs under federal law and outstanding legal questions; the board then voted to go into executive session for legal advice.

Staff presented the draft pamphlet and told the board it was prepared to meet statutory requirements for publicity pamphlets, including background information, the purpose of the election, early vote locations and hours, a true copy of the title and text of the resolution proposing the tax, an estimate of annual revenues, and arguments for and against the tax. "Staff has been working since probably mid May or June ... and we've worked with Dylan and the County Attorney's Office as well as outside counsel Zach Saccas to put together this" material, a staff member said during the meeting.

Why it matters: The pamphlet will be distributed to voters and is the public explanation of how the county intends to pay for the jail. Board members emphasized the need for clear, factual language explaining that the county would use bonds to finance construction because the county's expenditure limits prevent paying the full cost from current revenues.

Board discussion and technical details

Board members focused on pages 2–6 of the draft, which staff said contain the background, purposes of the excise tax, estimated revenue and frequently asked questions. The draft uses a 17-year amortization table for the bond; staff said the 17-year schedule reflects requirements tied to the bond terms but that the bond company provided a 10-year amortization schedule to show the potential for earlier payoff if the county makes extra principal payments. Board members asked that the pamphlet make clear that earlier payoff is possible but that the 17-year figure is the basis for the table in the resolution.

Staff and outside counsel discussed estimated interest rates and financing options. A staff member told the board the bond company had indicated rates in the 4.5–4.75% range "if that holds," and that the county is also exploring alternatives such as loan programs offered by an industrial development authority or the Greater Arizona Development Authority. Staff said construction payments will include progress payments and a sizable final payment at project completion, which is a reason for using bond financing rather than paying from a single-year general fund allocation.

Legal and outreach questions

The board discussed legal questions the county attorney and outside counsel flagged, including a public-signature or referendum issue referenced in public comments and the statutory requirements for the pamphlet. Dylan Pindell, who was on the call, asked the board to reserve those legal questions for executive session so attorneys could present variables and assumptions to the board in private.

The board also discussed translation and language-access requirements. Staff said the county will publish the pamphlet in Spanish and will consult the Department of Justice coverage guidance used to determine whether additional languages are required under federal law. A printing deadline of Aug. 28 for the pamphlet was set by staff.

Executive session vote

A board member moved that the board go into executive session to receive legal advice from county attorneys and outside counsel; a voice vote followed and the board went into executive session. The board returned about 02:05 local time, and the chair announced there was no further action before adjourning.

Ending

Staff said corrected typos would be incorporated into a final layout and that Runbeck (the vendor identified to handle translations and formatting) would provide the formatted pamphlet. Staff also said the sheriff's office had been consulted to ensure factual accuracy of jail-related information. The board set the pamphlet to print on Aug. 28 and will take any required additional procedural steps based on the outcome of the attorney briefings in executive session.