Maricopa supervisors authorize sending revised shared‑services agreement draft, redlines to Recorder Justin Heap

The Maricopa County Board of Supervisors voted unanimously Thursday to send Recorder Justin Heap a cover letter and both redlined and clean drafts of a revised shared‑services agreement (SSA) that spells out which office will carry out specific election duties and how shared information‑technology functions will be split.

The vote came after presentations by the board’s outside counsel, county elections staff and the county’s elections director describing a months‑long negotiation process that culminated in a productive April 11 meeting between board leaders and the recorder. The board’s action authorizes the chair and vice chair to deliver the proposed SSA text and a brief cover letter to the recorder and his counsel for further consideration.

The agreement governs routine operational responsibilities that are split under Arizona law between the recorder and the board’s elections office, and includes provisions addressing pre‑tabulation processing, in‑person early voting, public‑records handling and an IT analysis and procurement process to separate intertwined systems. Outside counsel Emily Kreger, retained by the board after Recorder Heap threatened litigation, described the April 11 meeting as a "very meaningful" session that produced compromises on several key points and said she circulated a revised draft to the recorder the next day. "SSAs are not required under Arizona law. In fact, we're the only county that has one," Kreger said during the meeting as she summarized the legal and historical background.

Board members recapped the timeline: the recorder terminated the 2024 SSA by letter on Jan. 27; the recorder threatened litigation in early February, prompting the county attorney to appoint outside counsel for the board; correspondence and counterproposals were exchanged in late March and early April; and an April 11 in‑person session yielded edits the board considered acceptable and was followed by a redlined draft transmitted April 12. Board members said they received notice on April 17 that Recorder Heap had retained new counsel, which the board said delayed further back‑and‑forth but did not halt routine election planning.

County staff and the elections director described the chief technical issue as a single, homegrown election system that historically served both offices. Zack Shurer, assistant county manager for elections and external affairs, told supervisors the system "had evolved to be a completely interconnected system" and reiterated the board and recorder agreed an independent analysis is needed so each office can have appropriately separated IT infrastructure without disrupting elections. Elections Director Scott Jarrett said joint planning between the two offices has continued during negotiations and cited ongoing, operational coordination on upcoming mailings and special elections.

During the meeting supervisors emphasized transparency and voters’ interests. Supervisor Debbie Lesko read a text from Recorder Heap sent after the April 11 meeting in which he said the meeting "went very well" and that parties "seem to be in agreement on 95%" and would defer litigation while language was clarified. Several supervisors thanked recorder staff and said the board had sought to preserve the statutory split of duties while resolving practical IT and staffing issues.

The motion approved by the board instructs county staff and counsel to send Recorder Heap the cover letter (a draft introduced by Supervisor Lesko and amended to note the board’s appointed outside counsel) together with the redlined and clean SSA drafts that reflect the April 11 negotiations. Vice Chair Brophy McGee moved the measure; Supervisor Gallardo seconded. The roll call vote was 5‑0 in favor (Mark Stewart: yes; Brophy McGee: yes; Debbie Lesko: yes; Supervisor Gallardo: yes; Chairman Tom Galvin: yes).

Next steps identified during the meeting include waiting for a formal response from the recorder and his counsel, proceeding with a jointly drafted RFP to procure a third‑party IT analysis/consultant and continuing routine operational coordination so scheduled elections are not affected. Board presenters said staff has already posted six recorder IT positions the recorder requested and that recruitment is underway.

The board did not adopt the SSA at the meeting; the approved action was limited to sending the cover letter and drafts to the recorder for his consideration. Supervisors repeatedly stressed that any final SSA would be agendized for public discussion and a formal board vote.