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MOHAVE COUNTY BOARD OF SUPERVISORS MOHAVE COUNTY, KINGMAN, ARIZONA

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MOHAVE COUNTY BOARD OF SUPERVISORS MOHAVE COUNTY, KINGMAN, ARIZONA Powered By Docstoc
					                    MOHAVE COUNTY BOARD OF SUPERVISORS
                      MOHAVE COUNTY, KINGMAN, ARIZONA
                     REGULAR MEETING – SEPTEMBER 20, 2010


The Board of Supervisors of Mohave County met in Regular Session this 20th day of September,
2010, at 9:35 A.M, at 700 W. Beale Street, Kingman, Arizona, in the BOS Auditorium. In
attendance were Buster D. Johnson, Chairman; Gary Watson, Supervisor District 1; Tom
Sockwell, Supervisor District 2; Ron Walker, Mohave County Manager; William J. Ekstrom, Jr.,
Special Deputy County Attorney; and Barbara Bracken, Clerk of the Board. Sheriff Tom
Sheahan, Attorney Matt Smith, and Kingman Mayor Salem were invited to sit with the Board.

The meeting was called to order by Chairman Johnson. The invocation was given by Supervisor
Watson, followed by the Pledge of Allegiance led by Supervisor Sockwell.

Motion was made by Supervisor Sockwell, seconded by Chairman Johnson and
unanimously carried to call for an Executive Session to be held October 4, 2010, at 9:00
A.M., for discussion and consultation with legal counsel in accordance with A.R.S. 38-
431.03 (A) (3) & (4) to discuss items noticed on the agenda with an asterisk.

ITEM 1: Pending or Contemplated Litigation, Claims, and Demands:                   No Executive
Session was held.

ITEM 2: Committee and/or Legislative Reports: Supervisor Watson advised that he attended
the County Supervisors Association meeting and the Speaker of the House discussed a number of
items that would affect Mohave County’s budget for the next year. He stated that the numbers
given that day were a little bit different than the numbers given to Chairman Johnson the
following day.

Chairman Johnson advised that he had a slide presentation from the Arizona Association of
Counties which came from the Joint Legislative Budget Committee. He advised that:

      FY10 revenues declined by 10.1% and the FY11 shortfall is estimated to be up to $700
       million.
      4th quarter of 2010 went up 2%; however, due to the large declines in the previous
       quarters, this is not a real recovery.
      4th quarter revenues showed the first positive year-over-year gain since the 1st quarter of
       FY08.
      From July 2009 to July 2010, employment declined only 0.3% and will likely turn
       positive in the next few months for the first time since January 2008.
      After a $480 million FY09 cash shortfall, FY10 cash balance is projected to be slightly
       positive.
      The road to recovery will be long, after positive growth in April and May, June and July
       General Fund revenues declined (adjusted for one cent sales tax increase).
      365,000 jobs have been lost since December 2007.
REGULAR MEETING                           PAGE 2                      SEPTEMBER 20, 2010


     Foreclosures are still too high; pending foreclosures have declined from 51,000 in
      December 2009, there are still 42,152 in the pipeline (this is for Maricopa County).
     FY11 Structural Shortfall – the difference between ongoing revenues and ongoing
      spending is projected to be $1.7 billion.
     Four Potential Problems: Potential failure of the November ballot propositions - $469
      million hit to the State budget; continuation of Prop 204 with new Federal help - $158
      million; possible revenue shortfall of $130 million; and possible K-12 shortfall – offset
      with new federal aid.
     FY11 Budget contingent on November 2 Ballot Propositions: Early Childhood
      Development - $345 million and Land Conservation Fund Transfer - $124 million.
     Continuation of Prop 204 would have cost $394 million if Congress did not approve extra
      federal funds.
     There is a Medicaid Shortfall of $158 million.
     Need 5.1% growth to meet budgeted revenue level.
     Enacted budget assumed 4.2% base revenue growth.
     With lower FY10 revenue base, we would need 5.1% growth to meet budgeted revenue
      level and with mixed economic news, it is unclear if the growth rate of 5.1% is
      achievable.
     In April, 4 sector consensus projected 3.4% growth; projections will be updated
      September 29th.
     The projected 3.4% rate would result in a $130 million shortfall from budgeted amount.
     July collections declined by 4.5% from the prior year.
     July revenues were $26.3 million below the budget.
     FY11 K-12 budget could be up to $100 million shortfall.
     New federal assistance may be used to offset K-12 shortfall.
     State budget has a projected cash shortfall through FY14.
     Budget includes inflation; forecast excludes K-12 or state wage adjustments.
     FY12 through FY14 shortfall could grow if Medicaid growth exceeds 3% per year,
      school facilities board resumes new school construction, or revenue growth is lower than
      expected.
     Besides cash balance, there are three more measures of State’s fiscal condition: General
      fund structural balance, operating fund balance, and State’s credit rating.
     Structural gap narrows through FY13 and grows in FY14 with the end of one cent sales
      tax.
     On-going revenues equal $7.8 billion; on-going spending equals $9.5 billion; in addition,
      this estimate does not include $1.4 billion of currently suspended funding formulas.
     State’s operating fund is expected to remain positive in FY11; due to debt financing
      proceeds and rollovers. The operating fund has been positive since mid-June. To smooth
      cash flow, September and November K-12 payments will be rolled over to FY12 (rather
      than May and June). Districts received one-third of their yearly funds by end of August –
      new rollover schedule should have minimum impact.
     State’s credit rating was recently downgraded; they are still investment grade; however,
      they moved down to 5th highest level out of 10 for GF (government financing) backed
      financing. They were downgraded due to economic and financial weakness, structural
      imbalance, and constitutional limits on raising revenues and reducing spending.
REGULAR MEETING                              PAGE 3                      SEPTEMBER 20, 2010


      Outlook has shifted from “negative” to “stable” reflecting recent revenue improvement
       and recent efforts to reduce structural deficit.
      Since FY08 the State has used mostly temporary solutions; $125 billion has been reduced
       from the budget.
      Six major activities account for 96% of on-going general fund spending. K-12 and
       higher education are 48%; Medicaid is 29%; and the prisons are 11%.

Chairman Johnson advised that even if they fired all the state workers it would only save $509
million, which doesn’t cover the debt. He stated that they got a more “flowery” picture at the
CSA meeting, and these numbers show we need to be frugal with our money because the pass-
downs could be coming.

ITEM 3: County Manager’s Report: There was no County Manager’s Report.

PRESENTATION: Chairman Johnson recognized audience members Doris Goodale, State
Representative, and Robin Gordon, Kingman Vice-Mayor.

A report was given by Charles Ryan, Director of the Arizona Department of Corrections,
regarding the department’s status and actions following the escape of three inmates from the
private prison in Kingman. He showed an organizational chart depicting the structure of the
Department of Corrections. He advised that the Department of Corrections has approximately
10,000 employees with a budget of just under $1 billion. He showed a map indicating where
each prison is located in Arizona and the custody levels accepted at each one. He advised that
the custody levels are 2-5 (minimum, medium, close, and maximum). He advised that the total
operating capacity at the end of August was 45,067 beds and there were 40,204 inmates. He
advised that 82% of the Arizona prison systems represents their operating capacity, 18% of the
beds are in private prison under contract, either in-state or out-of-state. He advised that, of the
private beds under contract, 26% of all minimum custody beds and 20% of all medium custody
beds are assigned to the privates. He spoke of the history of the Kingman private prison,
highlighting the following points:

      July 1, 2002: Original RFP issued for 1,400 private DUI beds in three custody levels,
       minimum, medium, and close custody. On September 5, 2002, the Attorney General’s
       Office reviewed the RFP.
      September 19, 2002: JLBC returned a favorable review.
      September 2003: Joint Committee on Capital Review requested expedited approval by
       the Attorney General’s Office.
      March 2004: Attorney General’s Office approved the Contract. On March 15, 2004 a
       memo from Unit Chief Counsel to ADC regarding review and approval of ADC Contract
       No. 040120DC – Non-Procurement Contract for a 1,400 bed DUI private prison. On
       March 24, 2004, the same Unit Chief indicated non-procurement contract for a 1,400 bed
       DUI private prison, and there was a review and approval of a revised contract.
      March 22, 2004: Original Contract awarded to MTC for 1,100 minimum security beds
       and 300 medium beds to house DUI offenders.
      August 2004 – October 2004: Loading of minimum and medium beds began with 472
       DUI inmates.
REGULAR MEETING                          PAGE 4                      SEPTEMBER 20, 2010



     May 12, 2005: The former ADC Director approved a change in the Kingman inmate
      population from DUI to General Population, which allowed non-DUI inmates to be
      housed at Kingman. ADC Director Ryan advised that there was no notification made to
      the Legislature, the Mohave County Board of Supervisors, or the public regarding the
      change from DUI to General Population.
     May 13, 2005: The first medium custody inmates were housed at Kingman.
     May 13 – June 28, 2005: ADC loaded 150 inmates per week. The privately operated
      prison at Kingman has housed minimum custody inmates since 2004 and medium
      custody inmates since 2005.
     January – December 2006: MTC was unable to properly staff its substance abuse
      program and was unable to provide required substance abuse programming.
     June 2006: Despite issues with MTC compliance, ADC began loading the 108
      emergency beds; 80 of which were minimum custody general population and 28 medium
      custody general population. This brought the total Kingman capacity to 1,180 minimum
      and 328 medium custody beds.
     December 13, 2006: ADC notified Legislature in a monthly status report that Kingman
      was in substantial non-compliance with the terms of the contract relative to substance
      abuse services.
     December 28, 2006: MTC invoices for non-compliance were acted upon, which resulted
      in a different approach in staffing because they could not provide the services.
     2007: Legislation authorized the Arizona Department of Administration to contract for
      2,000 general population adult male beds.
     August 29, 2007: Original RFP issued for 2,000 general population minimum custody
      adult male beds.
     December 13, 2007: For the first time, murderers were assigned to Kingman, including a
      medium custody inmate and a minimum custody inmate sentenced for 2nd degree murder.
     February 2008: Contract for 2,000 minimum custody male beds was finalized and
      awarded to MTC.
     May 2008: Contract amendment combined 2,000 beds and 1,400 beds at Kingman to
      establish a 3,400 minimum/medium custody prison. The notification requirements under
      ARS 41-1609.02 were not met for either the 2,000 bed Kingman Contract nor the
      combined 3,400 bed contract.
     July 22, 2008: The ADC daily count sheet was changed in error to reflect all 1,508
      Kingman beds as minimum; the change was not made and it did not change the
      composition of the population.
     October 2009: Prior to the activation of the 2,000 Kingman beds, ADC Director Ryan
      confirmed that Kingman Cerbat Unit was a minimum security unit and reconfirmed that
      the Hualapai Unit had a medium security perimeter.
     December 23, 2009: The July 22, 2008, error in the count sheet was corrected to reflect
      again the 1,180 minimum and 328 medium general populations.
     April 6, 2010: ADC began loading the new 2,000 minimum custody general population
      Kingman beds at a rate of 140 inmates per week. The first wave of inmates was walked
      from the Hualapai Unit to the new unit.
REGULAR MEETING                             PAGE 5                      SEPTEMBER 20, 2010


      May 31, 2010: There was a disturbance in the minimum security unit; therefore, ADC
       Director Ryan stopped the movement until MTC could determine what caused the
       disturbance and got it under control.
      June 15, 2010: ADC resumed loading of 140 inmates per week.
      July 30, 2010: ADC Director Ryan ceased movement based on escapes.

ADC Director Ryan showed an aerial layout of the two units in the Kingman private prison and
indicated the unit that the inmates escaped from. He advised of the following facts regarding the
escape:

July 30, 2010:
    1600 hours (4:00 PM.): The three inmates (McCluskey, Province, and Renwick) were
       accounted for.
    2045 – 2115 hours (8:45 – 9:15 P.M.): Shift change occurred. Three inmates, with help
       from an accomplice, escaped. They escaped by going through the back door of a housing
       unit, which had been propped opened. Cutting devices were thrown over the fence to the
       inmates; they cut the fence, and crawled through a 30” x 22” hole.
    2140 hours (9:40 P.M.): MTC positively identified two of the inmates were unaccounted
       for in their dormitory.
    2143 hours (9:43 P.M.) MTC discovered the third inmate was unaccounted for.
    2150 hours (9:50 P.M.): MTC initiated incident command (emergency response) and
       ordered a recount of the entire unit.
    2206 hours (10:06 P.M.): Perimeter patrol officer found the breach in the fence,
       including wire cutters and tracks leading into and out of the perimeter.
    2230 hours (10:30 P.M.): MTC notified Mohave County Sheriff’s Office. This and
       subsequent notifications were all later than appropriate.
    2337 hours (11:37): ADC was officially notified of the escape. The department
       immediately dispatched canine and chase teams out of the Lewis, Florence, and Winslow
       prisons. The department’s Senior Contract Monitor was enroute to Kingman and the
       department’s command center was set up in Central Office.
    0254 hours (2:54 A.M.): ADC sent out media advisory of the escape.
    0400 hours (4:00 A.M.): ADC tracking teams arrived at Kingman. The Division
       Director deployed them to assist Mohave County in tracking the inmates.
    0800 hours (8:00 A.M.): Contract Beds Operation Director arrived and assumed the on-
       scene commander role for the department.
    1400 hours (2:00 P.M.): ADC accepted offer from U. S. Marshal’s Service to assist in
       the manhunt.

July 31, 2010 to Present:
    August 4 – 6, 2010: ADC assigned a security team to do an on-site assessment of the
       Kingman prison.
    August 4, 2010: ADC Director Ryan met with MTC leadership in Phoenix.
    August 12, 2010: ADC Director Ryan visited the Kingman prison and presented the draft
       Security Assessment. The report indicated that human error was a great contributor, as
       well as the department’s monitoring function.
REGULAR MEETING                              PAGE 6                       SEPTEMBER 20, 2010


      August 13, 2010: MTC submitted a letter to ADC Director Ryan accepting full
       responsibility for the escape.
      August 30 – September 1, 2010: The Division Director, the new Contract Bed Overseer,
       and the On-Site Monitor conducted another assessment and they found many
       discrepancies that had been recorded a month earlier.
      September 7, 2010: ADC Director Ryan sent a letter to MTC executives.
      September 9, 2010: ADC Director Ryan and his Deputy Director visited the Kingman
       prison and found many of the same deficiencies were ongoing. ADC Director Ryan was
       advised that the entire electronic security perimeter alarm system was defective on the
       unit where the escape occurred. It will have to be overhauled and/or replaced in its
       entirety.

ADC Director Ryan advised that, following this escape and due to lack of public confidence, he
made the decision to remove anyone from the Kingman prison who was serving time for any
type of murder, as well as any inmates who were serving more than twenty years. He stated that
with these new restrictions, the department transferred 155 inmates out of Kingman; 25 from the
minimum custody unit and 130 from the medium custody unit. He advised that Statute
establishes the notice and hearing requirements related to establishing private prison facilities in
Arizona. He advised that in March 2004, proper notice was made regarding the original
Kingman contract for 1,100 minimum custody beds and 300 medium custody beds. He stated
that on May 12, 2005, no notice was made to the Legislature, the Board of Supervisors, or the
public regarding the change in population from DUI to general population that the former ADC
Director approved, allowing non-DUI medium inmates to be housed in Kingman. He advised
that on December 13, 2007, there was no notice made regarding the assignment of murderers,
and in 2008 notification requirements under the Statute were not met for the 2,000 bed Kingman
contract, originally awarded in February, 2008, nor the combined 3,400 minimum/medium
contract amendment. He advised that since January 2009 to the present there have been no
changes to populations in custody levels at existing private prison facilities that would have
warranted public notification. He stated that ADC is currently in the process of developing new,
comprehensive procedures to ensure that proper notifications are made prior to implementing
any material changes in populations or custody levels at existing Arizona contracted private
prisons.

ADC Director Ryan advised that ADC’s current classification system is consistent with national
and western state’s classification systems. He stated that most prison systems in the United
States use custody levels equivalent to minimum, medium, close, and maximum; the types
classified into these custody levels are generally the same, with minimum custody housing low
risk inmates, medium custody housing moderate risk inmates, close custody housing high risk
inmates, and maximum custody housing highest risk to public and staff. He stated that in order
to determine risk and assign an inmate into the appropriate custody level, most states use an
objective scoring system that considers criminal history, length of sentence, time remaining prior
to release, prison behavior, escape history, sex offender status, age, and gang affiliation.

He advised that certain guidelines apply to assignment in Arizona prisons. He advised that these
guidelines are similar to most other states, including Colorado, Illinois, New Mexico, Oklahoma,
Pennsylvania, Texas, and Washington, which also house violent offenders in medium and
REGULAR MEETING                               PAGE 7                        SEPTEMBER 20, 2010

minimum custody. He advised that Kingman has housed violent inmates since May 2005. He
stated that from May 2005 through January 2009, a total of 5,667 inmates were housed there;
93% were committed for non-violent crimes and 7% for violent crimes. He advised that on July
31, 2010, Kingman had 3,390 inmates; 60% were non-violent and 40% were violent. He stated
that this can be compared with the distribution of violent and non-violent offenders in other
contracted private prisons, which over time has been approximately 46% non-violent and 54%
violent. He stated that the composition of the Department of Corrections confirms that 68% of
the inmates are serving time for a violent offense and 32% for non-violent.

ADC Director Ryan advised that in August 2009, having returned to the Department as Director
on January 30, 2009, he changed the criteria and started determining the amount of time inmates
would be required to serve before they could progress to lower custody levels. He stated that he
made minor adjustments with minimum security inmates in terms of some of the criteria relative
to their ability to participate in minimum security labor work forces.

ADC Director Ryan advised that following the escape they began a review of all of their prison
operations to include all of the privates, progressing to the State facilities. He stated that even
though the private prison in Oklahoma is in the process of closing down, they still conducted a
perimeter system and fencing assessment. He stated that deficiencies noted in these assessments
were addressed with each facility operator in letters dated August 26, 2010. He advised that each
of those companies is required to provide a response and a corrective action plan to achieve
performance.

ADC Director Ryan advised that the post Kingman escape assessment and investigation revealed
human error was a contributor. He stated that the department’s oversight and monitoring of this
private prison was not done well, which was contributory, and is being corrected. He advised
that further security assessments at all other contracted private prisons revealed that the
inspection reporting procedures lack specific accountability components to ensure compliance
and revealed additional failures to follow and enforce inspection requirements. He stated that,
ultimately, although it is the contractor’s obligation to adhere to all department policies, it is the
responsibility of ADC to inspect and report deficiencies to the contractor, ADC executive staff,
and him.

ADC Director Ryan advised that the following actions were taken as a result:

      The ADC Contract Beds Operations Director resigned and the On-Site Monitor, who had
       18 months service, was dismissed.
      ADC Director Ryan replaced both positions.

ADC Director Ryan advised that inspection and reporting requirements needed to change and
they have. He stated that it has been redesigned and encompasses all ADC operated and private
prison contracted beds. He advised that it focuses on a simple concept, green, amber, and red,
which can be conducted on a daily, weekly, monthly, or quarterly basis using an electronic
notebook and software. He advised that the compliant and deficient areas are reported
immediately to those responsible for immediate correction. He stated that if it is a red indicator,
REGULAR MEETING                             PAGE 8                       SEPTEMBER 20, 2010

the bad or non-compliant practice must be made immediately known. He advised that this will
be done electronically and transmitted through a wireless system.

ADC Director Ryan advised that in the field of corrections, if you suspect something, blow the
whistle, make notification. He advised that Kingman’s delay in notifying both local law
enforcement and ADC was not the result of unclear or vague guidelines, it just wasn’t done. He
advised that to correct this they are working with MTC on site, and will collaborate with the
Sheriff’s Department. He stated that they need to do emergency drills; it’s an issue of practice
and rehearsal. He advised that these issues are chaotic enough when they happen, so practice is
critical. He advised that, in terms of reporting problems, MTC and other privates may have their
own internal reporting mechanisms. He stated that since he returned in January 2009 he has
employed an open door, open phone, and open email policy, and if people want to communicate
information to him, they can do so with confidence. He advised that he answers his own phone,
and emails. He stated that he is prepared to continue to not only be responsive to employees, but
to private prison staff as well, and he will formally amend contracts to reflect this.

ADC Director Ryan advised that the Legislature authorized an RFP for 5,000 beds to be awarded
exclusively to a private prison contractor. He stated that, because of what transpired at the
Kingman private prison, he has canceled that RFP. He advised that there will be new evaluation
criteria and the RFP will be reissued. He stated that the department needs the 5,000 beds;
however, a slight delay in the RFP process is a minor inconvenience, public safety and getting it
done right the first time is far more important.

ADC Director Ryan advised that MTC staff at Kingman are being redirected and retrained. He
stated that, relatively speaking, it is a young, immature staff. He stated that the person he
appointed, Rick Sullivan, is a seasoned corrections practitioner in the Arizona Department of
Corrections with a forte in security and he has run minimum security, stand alone state facilities
for some time. He advised that the position of Monitor is too important for one to learn how to
do the job. He stated that the entire Kingman electronic security perimeter system will be
replaced. He advised that, currently, seven armed perimeter patrol officers are stationed and will
remain in place at both Kingman units until that perimeter alarm system is replaced and
functioning as it should. He stated that no new inmates will be assigned to the Kingman prison
until MTC is fully compliant with ADC policy and all contractual requirements are met. He
stated that public safety is job one and ADC and he will do everything to ensure that occurs so
they can restore some trust and confidence from the citizens of Kingman, the Board of
Supervisors, and people in Mohave County.

Chairman Johnson thanked ADC Director Ryan for the report.

Sheriff Sheahan questioned if Dora Schriro, who is now with Homeland Security, was in charge
of the Department of Corrections when no one was notified of the change in inmate status in
2005.

ADC Director Ryan responded in the affirmative.
REGULAR MEETING                               PAGE 9                        SEPTEMBER 20, 2010

Sheriff Sheahan advised that the Sheriff’s Office will do whatever they can to work with ADC
on any security issues or training issues, especially on the outside, should an incident such as this
ever occur again. He stated that one of the issues they had was the availability of photos. He
stated that he went to the prison command post and set up a command post to work with the
Sheriff’s dispatch center in order to instant message the information they were obtaining from
the prison so it would go out to the media and nationally on NCIC. He advised that there were
very few photos available and the photos that were available were up to twenty years old. He
questioned if this has been corrected.

ADC Director Ryan responded that the department’s policy has been revised and the photos of
all inmates are to be current within five years.

Sheriff Sheahan advised that the night of the event they received the first 911 call at 10:19 P.M.,
which was 1 to 1-1/2 hours after the discovery. He stated that the time delay hurt the ability for
the persons to be apprehended. He stated that he listened to the tape of the first 911 call and the
officer that called did not know the names of the inmates or the races; all he knew was that they
were wearing orange. He stated that he is hoping that, as part of the training, if there is any
thought that someone may be missing, the Sheriff’s Office is notified, even if it is not confirmed.
He advised that he rather send a dozen deputies out to the prison and have it be a false alarm than
have a delay in response. He advised that the Sheriff’s Office will do whatever they can to
protect the citizens of Mohave County.

ADC Director Ryan stated that he could not agree more with Sheriff Sheahan. He advised that
he listened to the 911 tapes after conversing with Sheriff Sheahan and since then an automated
attendant has been replaced with a direct dial number to the prison’s command center or
emergency number so communication can be timely. He stated that retraining has to be ongoing
so the prison knows to make notification. He stated that the Sheriff’s Department is the closest
law enforcement responder to that prison and they should waste no time picking up the phone
and calling; if we are going to err, let’s err on the side of the conservative. He stated that there is
no harm in calling for assistance to be safe and cautious.

Sheriff Sheahan stated that the escape happened on a Friday evening so there were double squads
on duty throughout the County. He stated that the Sheriff’s Office had about twelve deputies on
location in about 15 or 20 minutes. He stated that the Sheriff’s Office will continue to commit
any available resources, both on land or in the air in order to assist, including canine units. He
advised that when the Sheriff’s Office was notified he called the media representative and before
midnight they had put out press dispatches throughout Arizona and the dispatch center activated
the emergency alarm system. He advised that they had deputies around the perimeter of the
prison in hopes that the escapees would not go to a local residence. He advised that one escapee
found a vehicle, and one went to I-40 and hijacked a truck. He stated that the Sheriff’s Office
controlled everything outside the prison fence and they will continue to do that. He stated that
whoever can get it out first should do so; the sooner everyone knows the better off everyone is.

Attorney Smith stated that on September 9, 2010, ADC found out the entire electronic security
perimeter alarm system was not working properly for 2-1/2 years, and was not installed correctly
in 2004; he is assuming someone (staff) told them this. He questioned how ADC found out the
REGULAR MEETING                             PAGE 10                      SEPTEMBER 20, 2010

system had not been working for 2-1/2 years, who was responsible for it, and why nothing was
done. He stated that he assumes the facility staff knew about this and did nothing because they
did not want to spend the money.

ADC Director Ryan stated that he was advised on September 9th by the Vice President of MTC,
who was on site in the lead position, that the installation of the security perimeter system on the
Hualapai Unit had been installed incorrectly in 2004. He stated that what was described to him
in terms of connectivity of wires is that it is a buried Senstar cable system that puts out an
electronic field above and below grade. He stated that if you invade the field it would alarm and
report back to a monitor that says there is an alarm in a certain zone. He advised that when they
spliced the wires together they did not shrink wrap them; they left them exposed to the elements,
which contributed to the countless false alarms that had been occurring. He stated that MTC
advised that their subcontractor, Senstar, had uncovered the connection points and discovered
they were not waterproofed; they will have to correct that. He advised that the repair on the
security perimeter system is to begin September 27th. He stated that, because of the false alarms,
he told MTC they would have to man the perimeter with armed officers. He stated that he is not
interested in MTC’s profit margin, and he doesn’t care if they have to hold hands and point
weapons at the perimeter. He advised that this is not about the bottom line, this is about public
safety. He stated that he is not in a position to answer the question of whether it was a budget
issue or a profit margin issue; MTC can answer that.

Attorney Smith commented, that in talking to the Sheriff, one of the things he pointed out was
that no one from MTC ever contacted his office about hiring people that had either been
employed by the Sheriff’s Office or gone through the screening process. He stated that Sheriff
Sheahan certainly has information about deficiencies on behalf of some of the people eventually
hired. He stated that he has a concern about the quality of personnel, although it might not have
anything to do with the escape in this particular case, but it is something that should be
addressed.

ADC Director Ryan stated that the criminal history check is solely the responsibility of the ADC;
however, the employment background history is the responsibility of the private company. He
stated that these are legitimate points being raised by the Sheriff and it would behoove the
private prison operator to call the previous employer.

Sheriff Sheahan advised that there were persons he had terminated from his detention division
that ended up working at the prison. He stated that there may have been investigations on why
they were terminated but they never got a request from the prison system asking about their
background and why they were terminated. He stated that this may be just a handful; they don’t
want to taint the whole staff. He questioned if they don’t do background checks on the half a
dozen people they hired that worked for the Sheriff’s Office before, what kind of background
checks have been done on the other hundreds of employees.

Supervisor Watson stated that he has had conversations with people who are currently with
canine units, and along with current photos, he might suggest that they put together a container
that has a current scent of the inmates.
REGULAR MEETING                              PAGE 11                        SEPTEMBER 20, 2010

ADC Director Ryan stated that he will talk with ADC’s canine manager. He advised that they
have one of the premier dog programs in the United States and he is proud of what they do. He
stated that if there is an article of clothing associated with the inmate, they can get to the scent
pretty quickly. He stated that he is trying to visualize the logistics of trying to put a sample of an
inmate’s clothing in a container that would contain their scent for a long period of time; that may
be quite an undertaking.

Mayor Salem stated that he has several statements to make, not necessarily directed at ADC
Director Ryan, that will express his frustration with this entire ordeal. He thanked ADC Director
Ryan for speaking with them, and thanked Chairman Johnson for inviting him to sit with the
Board. He stated that this prison represents a very substantial economic role in the Kingman
area, and it is important to note that the majority of the employees are top notch employees. He
stated that he resents some of the comments coming from various State agencies, especially the
Attorney General’s Office. He advised that there was a comment that alluded to the Keystone
Cops being in charge, and he was very offended by that. He stated that our local law
enforcement, as well as the State agencies were Johnny-on-the-spot; if there was a lag as far as
time, it certainly wasn’t because of the Mohave County Sheriff’s Office. He commended Sheriff
Sheahan and his deputies for their diligence. He advised that just because the classification
system is consistent with other states doesn’t mean it is right. He stated that he knows the
classification system is very complicated, but from the public’s perception, it is very simple, they
were under the impression that there would not be high risk murderers at this prison. He stated
that he is very glad to see that, under ADC Director Ryan’s direction, this is being looked into,
they are recognizing the flaws, and they are going to take the necessary steps to correct this. He
stated that his number one priority is the health, safety, and welfare of people who live in the
area, as well as the people who live along I-40. He stated that the people murdered in New
Mexico was a tragic event and was a result of this catastrophe. He advised that we can’t go
backwards and continue to point fingers; we need to recognize the flaws and move forward. He
stated that our goal is to repair this problem so it never happens again. He stated that he would
like an assurance from ADC Director Ryan, the Arizona Department of Corrections, and the
Governor’s Office, that all steps are being taken to help assure the public that they will be safe in
the future.

ADC Director Ryan stated that, to the best of his ability as the Director, he will give that
assurance. He stated that this escape and the tragic aftermath is the worse thing that has
happened in 32 years. He stated that good security is not convenient; it takes hard work,
diligence, and vigilance. He stated that, unfortunately, when bad things happen in his profession,
it is usually the result of human error or some flaw in the process.

Chairman Johnson questioned if Mohave County will be held harmless for any bills incurred and
reimbursed by MTC for the Sheriff’s staff and County Attorney’s staff hours, etc.

ADC Director Ryan stated that the contract language states MTC is liable and the State is
indemnified. He stated that he has yet to have a detailed conversation with the Attorney
General’s Office, but this is his understanding of the contract language, which they have
reviewed very closely.
REGULAR MEETING                             PAGE 12                       SEPTEMBER 20, 2010

Manager Walker advised that staff is collecting all costs.

In response to Chairman Johnson, ADC Director Ryan concurred that prisons are built to a
standard in order to house minimum, medium, close, or high risk. He advised that he has done
this type of work for 33 years, and that he took a sabbatical and went to Iraq.

Chairman Johnson stated that, prior to Director Ryan, there was another director under another
administration, and the Governor appoints the director of ADC and sets the tone for what is
going to happen. He stated that, in his opinion, we had seven years of liberal policies towards
the prison system.

ADC Director Ryan responded that it was 5-1/2 years.

Chairman Johnson advised that these people are running homeland security now, which gives
you a great feeling of confidence. He questioned if it is possible, with the Governor or the State,
we have gotten into the mindset of “he didn’t have a puppy when he was little, his mother didn’t
hug him enough, etc.” He stated that the inmates get college educations on our dime, extended
yard hours, etc., and questioned if that philosophy can be set by the Governor’s office and
pushed down, or if it is something that has to be taken care of another way.

ADC Director Ryan advised that the Governor is the chief policy maker. He advised that ADC
had almost eighteen years of continuity of leadership. He stated that setting the tone and
philosophy of an organization is almost unheard of in the field of corrections; it usually coincides
with the term of the Governor. He stated that his approach in trying to oversee the department is
continuing to move in the direction of where they were a few years ago, but it has to be done
slowly and methodically. He stated that you have to be sure staff understands the change; it
cannot happen overnight. He advised that he is a proponent of structure and accountability; the
custody level is irrelevant. He stated that there are blocks of time in the day: morning,
afternoon, and evening. He advised that the inmates are evaluated based on a needs assessment
instrument, and there are blocks of time that you assign the inmate based upon the needs
assessment. He stated that he is not a proponent of the parallel universe where inmates can pick
and choose and do whatever they want. He stated that inmates are in our prison for a short
period of time and within that 27 to 33 months if we need to have them achieve literacy and learn
how to work at an unskilled job, then so be it. He advised that education becomes the
prerequisite; he is a proponent of programming, but there has to be a balance between safety and
security. He stated that structure and accountability is the only way he knows how to do this.
He stated that the Kingman prison is a minimum and medium security unit, and right now it is a
prison that needs a lot of guidance and leadership; it is a prison that needs to implement structure
and accountability with the population. He advised that 2,000 of the 3,400 inmates in the
Kingman prison are minimum security inmates; they will be getting out of prison. He advised
that the management of MTC will not disagree with what he is saying. He stated that he hopes
MTC is committed to implementing a structured and accountability model with that population.
He stated that, in his opinion, idle hands are the devil’s workshop.

Chairman Johnson stated that, when reading the evaluation of the escape that was posted online
by ADC, he was concerned about the arming of tower guards and the ammunition in the
REGULAR MEETING                             PAGE 13                       SEPTEMBER 20, 2010

shotguns. He questioned if the guards can shoot the escapee, since they do not know if the
escapee is a burglar, drug addict, DUI, or murderer, or if we need to ask them to please return to
their beds.

ADC Director Ryan stated that the perimeter is intended to keep the inmates inside; they don’t
run around with placards on their shirt stating their offense; therefore, if the inmate breaches the
perimeter they expose themselves to the use of whatever force is necessary to detain them or
capture them.

Chairman Johnson thanked ADC Director Ryan and the Governor for keeping the Board
informed the entire time and agreeing to give this update.

Supervisor Sockwell stated that he was amazed at the time it took before the Sheriff’s Office was
notified. He stated that if you have something that is inoperative for two years, such as the
security system, someone is going to find out about it, and he thinks they did. He stated that the
other thing that bothered him was that no one had the knowledge of the level of prisoners at the
Kingman prison and it was embarrassing to the Board, as well as the Sheriff’s Department,
especially when people called in and you had to tell them you didn’t know. He stated that the
Board needs to be continually informed as to what is going on at the Kingman prison.

ADC Director Ryan responded that he agrees with Supervisor Sockwell.

Chairman Johnson called for a recess at 10:55 A.M. with the meeting reconvening at 11:09 A.M.

ITEM 4: Motion was made by Supervisor Watson, seconded by Supervisor Sockwell and
unanimously carried to approve the September 2, 2010, Board of Supervisors Meeting
Minutes as most recently drafted.

Motion was made by Supervisor Sockwell, seconded by Supervisor Watson, and
unanimously carried to approve the Consent Agenda, as follows:

5.     Adoption of BOS Resolution No. 2010-191 - Subdivision Final Plat for Brett Canyon
       Estates, Tract 4196, being a proposed Subdivision of a portion of Section 25, Township
       19 North, Range 22 West, in the South Mohave Valley Area, Mohave County, Arizona.

6.     Adoption of BOS Resolution No. 2010-192 - Subdivision Final Plat for Village Estates,
       Tract 4198-A, being a proposed subdivision of a portion of Section 3, Township 18
       North, Range 22 West, in the South Mohave Valley Area, Mohave County, Arizona.

7.     Approve a Special Event Liquor License for R. O. (Woody) Wood Post 2555, Veterans
       Memorial Park, Golden Valley, Arizona, for October 2 & 3, 2010.

8.     Approve Liquor Store Sampling Privileges for Safeway Inc., 4823 S. Hwy 95, Fort
       Mohave, Arizona, Series 9.
REGULAR MEETING                           PAGE 14                      SEPTEMBER 20, 2010

9.    Set a Public Hearing for October 4, 2010 to consider the placement of a lien for a
      dangerous building abatement in the amount of $10,984.31, in accordance with Section
      110 of the International Property Maintenance Code, Lot 3, Chloride Townsite, Block 36,
      Township 23 North, Range 18 West, portion of Section 3 and 4, Assessor’s Parcel No.
      308-06-320, 9632 N. First Street, Chloride, Arizona; the owners of record are Donald E.
      and Donna R. Rosbaugh, Trustees.

10.   Accept a grant under Contract No. EV 09-0148 between Mohave County and the Arizona
      Department of Environmental Quality for Water Pollution Prevention (208 Planning) for
      all of Mohave County in the amount of $3,767 for Fiscal Year 2011 and revise the budget
      (29912402).

11.   Sitting as the Board of Directors of the Mohave County Flood Control District:
      Approve, accept and authorize the Clerk of the Board to sign the Acceptance on the
      Public Drainage Easement offered for the construction of a drainage facility project in the
      Horizon 6 area. Cost for this easement is $993.50, which will be funded through the
      Flood Control District.

12.   Sitting as the Board of Directors of the Mohave County Flood Control District:
      Approve the Mohave Valley Risk Map Study Project to correct the existing FIRMs
      (Flood Insurance Rate Maps) at a total cost of $500,000.00, with the FEMA cost share of
      the project to be $350,000.00 and the Mohave County cost share of the project of
      $150,000 that will be paid with Flood Control District funds; and authorize the
      Development Services Director to sign the agreement with FEMA on behalf of the
      County in accordance with the existing Partnership Agreement between Mohave County
      and FEMA, and issue a notice to proceed to the engineering consultant under existing
      contract 07-PS-10.

13.   Sitting as the Board of Directors of the Mohave County Flood Control District:
      Approve the Contract with Arid Hydrology and Hydraulics, LLC for professional
      services (Contract 10-PS-14 – Drainage Design Manual Update) as indicated in the scope
      of services and to issue a "Notice to Proceed" by the Development Services Director or
      his authorized designee.

14.   Sitting as the Board of Directors of the Mohave County Flood Control District:
      Approve and authorize the “Tierra Del Rio Subdivision Flood and Sedimentation
      Hazards Mitigation Project, Phase II” for an estimated cost of $161,955.00 as part of
      professional services contract 07-PS-10 with JE Fuller Hydrology and Geomorphology,
      Inc. to provide professional engineering design services and the issuance of a “Notice to
      Proceed” under the existing contract 07-PS-10 by the Development Services Director or
      his authorized designee.

15.   Sitting as the Board of Directors of the Mohave County Flood Control District:
      Approve the Engineering Design Services for the development of the Grace Neal
      Channel Design Concept Report for the amount of $57,700.00 as part of existing
      professional services contract #09-PS-06 with Shephard Wesnitzer, Inc, Sedona, Arizona,
REGULAR MEETING                          PAGE 15                     SEPTEMBER 20, 2010

      to provide professional engineering design services and the issuance of a “Notice to
      Proceed” under existing contract #09-PS-06 by the Development Services Director or his
      authorized designee.

16.   Sitting as the Board of Directors of the Mohave County Flood Control District:
      Authorize the Mohave County Flood Control District to use County owned Assessor’s
      Parcels 338-06-318, 318-05-113, and 318-23-001 for the installation of Alert Flood
      Warning System Weather Stations.

17.   Adoption of BOS Resolution No. 2010-195 – Approving an Intergovernmental
      Agreement (referencing contract HG060016 with the Arizona Department of Health
      Services), between Mohave County Public Health (Nutrition Division) and Bullhead City
      Elementary School District #15, for the Tobacco Education Program (225-04-5125) for
      the provision of tobacco education for enrolled students, from July 1, 2010 through June
      30, 2011; the IGA provides reimbursement up to $26,000 on an expenditure basis, in
      accordance with the itemized budget.

18.   Approve Purchase Order Number E0H33495 with the Arizona Department of Health
      Services in the amount of $40,044.00 for stimulus funding for the Immunizations
      Program for the period September 1, 2009 through December 31, 2011; approve the
      budget, and authorize expenditures for fund number 232-04-5155 (Immunization
      Stimulus).

19.   Approve Memorandum of Understanding between the Northern Arizona Council of
      Governments and Mohave County, providing grant funds in the amount of $171,844 for
      the period of January 1, 2010 through December 31, 2012 for the Northern Arizona
      Region Energy Sector Partnership and Training Grant - Careers Pathways Training.
      Budget for FY 2011 was approved during the FY2011 regular budget cycle for fund
      88189458 in the amount of $171,844 for all activities, program, and administration.

20.   Adoption of BOS Resolution No. 2010-200 - Approving an Intergovernmental
      Agreement for Contract #DE111010001 between the State of Arizona Department of
      Economic Security and Mohave County for PY10/FY11 Workforce Investment Act
      Youth, Adult and Dislocated Worker/Rapid Response funds in the amount of $1,506,016
      for contract period April 1, 2010 through June 30, 2013, approve revised budgets for
      funds 88289441-PY10 Adult Administration, increased by $364, from $7,133 to $7,497;
      88289442-FY11 Adult Administration, increased by $1,824, from $33,862 to $35,686;
      88289445-PY10 Adult Program, increased by $3,271, from $64,198 to $67,469;
      88289446-FY11 Adult Program, increased by $16,422, from $304,754 to $321,176;
      88289451-PY10 Youth Administration, decreased by $1,606, from $42,591 to $40,985;
      88289455-PY10 Youth Program, decreased by $14,458, from $383,322 to $368,864;
      88289467-PY10 Dislocated Worker Administration increased by 11,752, from $4,010 to
      $15,762; 88289468-PY10 Dislocated Worker Program increased by 105,767, from
      $36,094 to $141,861; 88289469-FY11 Dislocated Worker Administration increased by
      $31,759, from $10,111 to $41,870; 88289470-PY10 Dislocated Worker Program
      increased by $285,829, from $90,997 to $376,826; and new budgets for 88289456-PY10
REGULAR MEETING                          PAGE 16                     SEPTEMBER 20, 2010

      HCEY Set-Asides $11,946; 88289471-PY10 Rapid Response Program $20,991; and
      88289472-FY11 Rapid Response Program $55,083.

21.   Approve Amendment 1 to Contract No. DE111099001 between the State of Arizona
      Department of Economic Security and Mohave County, providing grant funds for the
      Senior Community Service Employment Program (SCSEP) authorized under the Title V
      Older Americans Act program, increasing the amount of funding by $103,731, from
      $235,325 to $339,056, for SCSEP formula funds, and approve revised budget for fund
      88189461 from $139,136 to $242,827.

22.   Adoption of BOS Resolution No. 2010-202 - Approving the Intergovernmental
      Agreement (IGA) between Mohave County and Bullhead City for the receipt of $3,500
      per year in fund 87850858 as a contribution towards administrative expenses related to
      operating the Mohave County Housing Authority in the Bullhead City area. Item
      withdrawn by staff.

23.   Approve Amendment No. One to Contract No. 09-P-13, West Nile Virus Fogging
      Services, with Baron Pest Control, Bullhead City, Arizona, extending the Contract for an
      additional one year period, from October 5, 2010 through October 4, 2011, with all terms
      and conditions remaining the same, on behalf of the Public Health Department –
      Environmental Health Division.

24.   Approve a multi-award for Contract 10-PS-09, Abatement Services for Blighted &
      Hazardous Structures Job Order Contract (JOC) to Old Trails, Kingman, Arizona (-01);
      R&S Hauling & Demo, Inc., Kingman, Arizona. (-02); Lewis Equipment Services, LLC,
      Kingman, Arizona, (-03); and D&K Enterprises, LLC, Mesa, Arizona, (-04) for a one
      year period, with the option to renew the contract four additional one-year periods, on
      behalf of the Development Services Department - Building Inspection Division and
      Department of Public Health – Environmental Health Division. Anticipated range of
      spending will vary between approximately $50,000 and $75,000 for Fiscal Year
      2010/2011; however, actual need is not guaranteed and will be dependant on the available
      budget.

25.   Approve the Monthly Report for Procurement Activity between $10,000 and $35,000.

26.   Sitting as the Board of Directors of the Mohave County Library District: Approve
      award of Contract No. 10-B-13, Bullhead Branch Library Renovation & Addition, to
      Jeffrey C. Stone, Inc., dba Summit Builders, Phoenix, Arizona, for a total award amount
      of $3,819,150.00, which includes sales tax and all sixteen alternates; a project
      contingency allowance in the amount of $381,915.00 for unforeseen conditions requiring
      correction during construction; and a Public Works contract administration fee in the
      amount of $60,000.00, for a total construction cost of $4,261,065.00, on behalf of the
      Public Works Department – Facilities Maintenance Division and the Library District.
REGULAR MEETING                            PAGE 17                      SEPTEMBER 20, 2010

27.    Authorize proposed settlement of Campbell v. The Elected Officials Retirement Plan, et
       al., Case No. CV 2008-008969, by payment of an amount of less than $1,000 to the
       Plaintiff. Item withdrawn by staff.

28.    Accept dedication of 5 feet right-of-way to Mohave County for Hammer Lane from Brett
       Canyon Drive East approximately 300 feet, and dedication of 30 feet of right-of-way to
       Mohave County for Brett Canyon Drive from Moon Ridge Lane to Hammer Lane,
       whereby acceptance will be contingent upon recordation of the final Plat for Brett
       Canyon Estates, Tract 4196.

29.    Accept the granting of a temporary turn-around ingress, egress easement to the public for
       use as such at the terminus of Hammer Lane, whereby acceptance will occur contingent
       upon recordation of the Final Plat for Brett Canyon Estates, Tract 4196.

30.    Approve the transfer of $125,000 from contingency funds to fund 100-01-2555-43110-
       1204 for paying legal services, mental health and investigative costs related to the death
       penalty case, CR-2010-00580, State v. Vandergriff.

31.    Approve the expenditure of up to $114,121.02 from contingency funds for digitization of
       legal files from the Law Offices of the Mohave County Public Defender.

ITEM 32: Chairman Johnson opened the Public Hearing regarding the adoption of BOS
Resolution No. 2010-196 – Accepting Lazy Y-U Drive from Lawman to 0.9 miles west which is
a point 500 feet east northeast of the uncertified bridge near Blackthorn Lane and Tomahawk
Drive 0.9 miles in length from Wrangler Way to East Drift Stone Lane into the Mohave County
Road Maintenance System.

There being no public input, Chairman Johnson closed the Public Hearing.

Motion was made by Supervisor Sockwell, seconded by Supervisor Watson, and
unanimously carried to adopt BOS Resolution No. 2010-196, as stated.

ITEM 33: Motion was made by Chairman Johnson and seconded by Supervisor to discuss
sending a letter of opposition to the Arizona Department of Water Resources (ADWR)
Surface Water Division within the 30 day comment period ending October 1, 2010; in
reference to ADWR’s application number 33-38677. The City of Scottsdale and Freeport
McMoRan Corporation have jointly filed 21 applications dated March 19, 2010, to Sever
and Transfer Water Rights related to the acquisition of Planet Ranch from the City of
Scottsdale by Freeport McMoRan; eleven seek to sever and transfer certain water rights
from Planet Ranch to the vicinity of the Freeport Bagdad Mine and the Townsite of
Bagdad via a pipeline from Freeport’s Wikieup well field along the Big Sandy River.

Motion was made by Chairman Johnson and seconded by Supervisor Watson to direct
County staff to write a letter of opposition and check intervener status.
REGULAR MEETING                             PAGE 18                      SEPTEMBER 20, 2010

Supervisor Watson stated that it is extremely important for Mohave County to take a position on
this because of the transfer of water from one aquifer to the other, as well as the fact that
Freeport McMoRan is currently pulling about 15,000 acre feet of water from our Wikieup
aquifer, which is inexcusable. He stated that Freeport McMoRan pays a minimum amount of
property tax. He stated that it is inexcusable for Freeport McMoRan to exacerbate this along
with the purchase of Planet Ranch, and Mohave County needs to do their best to represent
themselves properly.

Chairman Johnson stated that Freeport McMoRan is taking some of Mohave County’s most
prime property, giving it away, and taking if off the taxrolls.

Supervisor Sockwell advised that he agrees with Chairman Johnson and Supervisor Watson
because it is very important that we try to keep every bit of water we possibly can in Mohave
County.

Motion carried unanimously.

ITEM 34: Motion was made by Supervisor Sockwell and seconded by Supervisor Watson
do discuss staffing and funding for the new Mohave County Adult Detention Facility: 1)
staffing be increased to adequately staff the Adult Detention Facility in accordance with the
National Institute of Corrections; 2) unfreeze two Detention Assistant positions and one
Detention Officer Sergeant position, add 30.5 Detention Officers and two Detention
Assistants; 3) fund increased Adult Detention Facility staffing from the reduced County
contributions for AHCCCS/ALTCS; and 4) authorize a budget transfer in the amount of
$1,095,200 from 100-01-1000 to 100-02-3902.

Manager Walker advised that we always knew when we were building the jail facility that we
would have to begin staffing it. He stated that public safety is number one for the people who
will work in the new jail, as well as those incarcerated.

Sheriff Sheahan requested the Board’s approval of this request. He stated that in 1985 the
Sheriff was sued by inmates because of the conditions of the jail and lack of adequate staffing.
He stated that the County was forced to build the facility we have now. He advised that the jail
was underfunded and inadequate. He stated that the County didn’t have the money and was
under a federal mandate from a federal judge, forcing them to build the facility. He stated that
they lived with what they could afford in 1986 and it has been inadequate and understaffed for
many years. He stated that everyone has worked very hard and done a great job to bring the
new jail facility to fruition and now it is time to make sure we have the staffing that is needed.
He stated that in the present jail they probably have people in the general population that should
not be in the general population. He stated that with the new facility there will be adequate
amounts of cells for locking people down. He stated that we need to be able to provide security
not only to our officers, but to the public as well. He stated that the flow of the entire jail
system is dependent upon having enough staffing. He advised that this request will give them
about seven more officers per shift, making for a safer facility.
REGULAR MEETING                              PAGE 19                       SEPTEMBER 20, 2010

Chairman Johnson stated that a lot of people don’t realize that no inmate is booked straight into
the State prison system; the County jail handles these people first. He stated that the security of
County jails needs to be at maximum standards at all times.

Sheriff Sheahan concurred with Chairman Johnson.

Manager Walker stated that the design and conditions of the existing jail could leave Mohave
County culpable in certain kinds of liability suits. He stated that the new jail will reduce the
statistical liability based on overcrowding and the design of the old jail.

In response to Supervisor Watson, Sheriff Sheahan advised that they currently have six or seven
officers per shift; it depends on the time of day. He stated that there is a formula used because
of the amount of time people need for vacation, court appearances, personal time, sick days, etc.
He advised that this will give them additional people to draw from if they have to go on
transport or they have emergencies they have to respond to.

Sheriff Sheahan agreed with Supervisor Sockwell that we are almost doubling staff to operate
the new jail.

In response to Supervisor Sockwell, Sheriff Sheahan advised that we do not have a firm number
for what operational costs will be in regards to utilities, etc. He stated that the jail will have an
extremely efficient, computerized system set on a certain temperature. He advised that when
you walk in and out of certain rooms the lights will come on and off with a sensor. He stated
that until the jail is up and operating for a year we will not know what the costs will be.

Supervisor Sockwell stated that it should not be too hard for outside entities that use our jail to
understand why the cost is going to go up.

Sheriff Sheahan stated that, unfortunately, a jail is part of County government and is probably
one of the biggest liabilities County government faces, that is why we have to do it the right
way. He stated that we have to have the appropriate oversight and make sure we have a safe,
secure, and modern facility. He advised that we have to be able to keep people that belong in
jail, in jail.

Motion was made by Supervisor Sockwell, seconded by Supervisor Watson, and
unanimously carried to approve staffing and funding for the new Mohave County Adult
Detention Facility, as follows: 1) staffing be increased to adequately staff the Adult
Detention Facility in accordance with the National Institute of Corrections; 2) unfreeze two
Detention Assistant positions and one Detention Officer Sergeant position, add 30.5
Detention Officers and two Detention Assistants; 3) fund increased Adult Detention
Facility staffing from the reduced County contributions for AHCCCS/ALTCS; and 4)
authorize a budget transfer in the amount of $1,095,200 from 100-01-1000 to 100-02-3902.
REGULAR MEETING                        PAGE 20                   SEPTEMBER 20, 2010

There being no further business to come before the Board of Supervisors this 20th day of
September, 2010, Chairman Johnson adjourned the meeting at 11:20 A.M.

                    MOHAVE COUNTY BOARD OF SUPERVISORS
                           Buster D. Johnson, Chairman

ATTEST:
Barbara Bracken, Clerk of the Board