Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Conflict Of Interest topic
No spam. Unsubscribe anytime.
Cochise County supervisors approve waiver allowing attorney Michael J. Rusing to represent landowners in condemnation case
Summary
The Cochise County Board of Supervisors voted 3-0 July 7 to waive a potential conflict of interest so attorney Michael J. Rusing and his firm may represent a defendant in a condemnation action in which the county is plaintiff. Staff said the action responds to grant-driven construction timing and delays clearing title tied to FHA/PennyMac.
The Cochise County Board of Supervisors voted 3-0 on July 7 to approve a request to waive a potential conflict of interest so attorney Michael J. Rusing of Rusing, Lopez, Lizardi & Saffer, PLLC, and his firm may represent a defendant in a separate case in which Cochise County is the plaintiff.
The board held a short special meeting in the executive conference room in Bisbee to consider the waiver after county staff said the case involves a condemnation of a roughly half-acre strip along Davis Road tied to a federally funded road-widening and turn-lane project. Joel, a county staff member who explained the legal background, said Rusing previously represented the county on an unrelated matter and informed the county he had been contacted by a potential client who now wants him to represent them in litigation against the county.
"He can't be retained unless we were to allow him to be retained by them," Joel said, summarizing the requirement under the Arizona rules of professional conduct that an attorney seek permission from a prior client before taking a representation that may pose a conflict.
Staff described the condemnation as a routine, mostly "friendly" proceeding in which the landowners and county had already negotiated and signed agreements, but added mortgage liens held by FHA and PennyMac have delayed clearing title. A county staff member said the delay threatened the timeline for a federal grant tied to improvements on the route from the port of entry and that the county had filed a condemnation action and might seek an emergency temporary order to meet grant milestones.
Board members discussed risks if the waiver were granted or denied. One supervisor raised the concern that allowing the attorney to represent the landowners could enable the attorney to file motions that delay construction. A staff member responded that, because the attorney has ongoing work for the county, he has an incentive not to be adversarial.
Supervisor Tom moved to approve "a request to waive a potential conflict of interest involving Michael J. Rusing of Rusing, Lopez, Lizardi, and Saffer, PLLC, to allow Mr. Rusing and his firm to represent the defendant in a separate matter in which Cochise County is the plaintiff." The motion was seconded and the chair called for the vote. The chair and two other supervisors voted "aye," and the chair announced the motion carried, three-zero.
The board recorded that the county will proceed with the condemnation action and granted the attorney a waiver to represent the opposing party in the separate matter. The board scheduled its next meeting for July 9 at 1:00 p.m. to prepare the regular agenda for July 13 and then adjourned.
What happens next: staff indicated timing for the construction depends on obtaining either a temporary order or clearing title with FHA/PennyMac; the board did not go into executive session and no further action was taken at the special meeting.
