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Posted on: June 27, 2022

Board of Supervisors Reaches Settlement Agreement Resolving Claims of Open Meeting Law

The Cochise County Board of Supervisors and David Welch today announce a settlement agreement resolving Welch’s allegations against Patrick G. Call, Ann English, and Peggy Judd of open meeting law and conflict of interest violations related to Mr. Call’s interim appointment as Justice of the Peace for Precinct Five. 

The settlement, as approved by the Cochise County Board of Supervisors, resolves the case and assures no further County resources and taxpayer funds will be spent on continued litigation, and at the same time, reimburses Welch for a portion of attorneys’ fees and costs incurred. 

The pending lawsuit, filed by Cochise County resident David Welch in 2019, was filed in the Superior Court of Cochise County. The Petition alleged open meeting law and conflict of interest violations and sought several forms of relief in declaratory, injunctive, and mandamus relief. The following month, Welch filed a First Amended Special Action and petition for writ of mandamus, petition for injunctive and declaratory relief, and petition for the removal of the Board of Supervisors from office.  

The Cochise County Respondents filed and were granted a motion to dismiss the action.   Mr. Welch appealed to the Arizona Court of Appeals and to the Arizona Supreme Court. The Arizona Supreme Court remanded the case to the Arizona Superior Court for Cochise County, and it has been proceeding under a schedule adopted and filed by Superior Court Judge Monica Stauffer. 

Although both sides are confident they would prevail in the end, the agreed-upon settlement, as approved, will pay the full and final lump sum payment of $52,500.00 to the Law Office of Chris Russell in trust for David Welch, and includes the following terms and conditions: dismissal of the pending lawsuit, fully and finally including a stipulation that the settlement does not constitute an admission by Cochise County, Supervisors English, and Judd, or Mr. Call, of any wrongdoing.


About Cochise County

Cochise County provides regional leadership and effective, high-quality services with personal and professional integrity. Located in the southeast corner of Arizona, Cochise County has natural beauty, world-famous history, and fascinating culture. Covering 6,219 square miles, and with a population of approximately 130,000 people, the County provides vital services to the unincorporated areas of the region. It is home to a diverse range of incorporated cities, including Sierra Vista, Bisbee, Benson, Douglas, Tombstone, Willcox, and Huachuca City. For more information, visit www.cochise.az.gov, facebook.com/CochiseCountyAZ, or twitter.com/CochiseCountyAZ. Public Programs…Personal Service. 

About The Russell’s Law Firm, PLC

The Russell’s Law Firm, PLC is based in Cochise County, Arizona. The firm provides representation to people. It does not represent the government, nor insurance companies. The lawyers at the firm believe that everyone deserves to be treated fairly under the law – that no one should be held above it and no one should be excluded from its protection. We are often the voice for our community when others want us to be silent, and an advocate for those who need one. We are your neighbors. For more information, visit www.russellslawfirm.com

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