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Santa Cruz Elementary School District board authorizes settlement offer, ratifies notice of claim in theft matter
Summary
The Governing Board of Santa Cruz Elementary School District No. 28 authorized its attorney to send a settlement offer to Santa Cruz County and the State of Arizona and ratified a Feb. 27, 2026 Notice of Claim related to alleged theft involving Gutfahr/the county treasurer; motions passed 4–0.
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NOGALES, Ariz. — On March 25, 2026, the Governing Board of Santa Cruz Elementary School District No. 28 authorized its attorney to send a settlement offer to Santa Cruz County and the State of Arizona and ratified a Notice of Claim the district served Feb. 27, 2026 in a matter described on the agenda as “Gutfahr / County Treasurer Theft matters.”
Board Member Dr. Dean Fish moved to convene the board into an executive session in the Superintendent’s office for legal advice under A.R.S. 38-431.03(A)(3) and (4); Board Clerk Debbie Gonzales seconded. The board returned to public session and took three related public actions: (1) approve the direction given to the board’s attorney during the executive session, (2) authorize the board’s attorney to send a settlement offer and a notice of claim to Santa Cruz County and the State of Arizona in connection with the Gutfahr/county treasurer matter, and (3) ratify that counsel had previously served a Notice of Claim on Feb. 27, 2026 pursuant to A.R.S. § 12-821.01 upon the Arizona Attorney General and the Arizona Auditor General.
The motions were moved and seconded on the record by Board Member Dr. Dean Fish and Board Clerk Debbie Gonzales. The public roll-call vote is recorded as Board President Robert Noon, Board Member Ron Fish, Board Member Dr. Dean Fish and Board Clerk Debbie Gonzales voting “Aye”; Board Member Dr. Carrie Pottinger was noted as absent. The motions were approved by the members present.
The agenda framed the actions as follow-ups to matters discussed in executive session and cited the district’s authority to seek legal advice and to pursue settlement or litigation strategies. The board’s agenda item describing the Feb. 27, 2026 filing names the district’s claim as Santa Cruz Elementary School District No. 28 adv. The State of Arizona, Ex rel. The Arizona Auditor General and identifies the governing statutes cited by the board: A.R.S. § 38-431.02 (notice), A.R.S. 38-431.03(A)(3) and (4) (executive sessions), and A.R.S. § 12-821.01 (notice of claim).
No details of the proposed settlement amount, the specific allegations, or attorney recommendations were disclosed in the public record during the session. The agenda and public minutes record only the board’s motions, seconds and votes; the board directed the district’s attorney to proceed with sending a settlement offer and notice of claim as authorized.
The board set its next meeting for Tuesday, April 14, 2026, at 5:30 p.m. and adjourned at 10:36 a.m.
