Bisbee Wire/Council Agenda amended....Bag Ban Challenged...what to do

October 2, 2017

This item, about a State challenge to the Bisbee Bag Ban Odinance, has been added to the agenda for Tuesday meeting.

background info here http://az-bisbee.civicplus.com/AgendaCenter/ViewFile/Agenda/_10032017-202

What the meeting will determine....On September 28, Senator Warren Petersn of the Mesa filed a request with the AG to investigate Ordinance O-13-14 to detemine its validity. The Ag must compete and investigation within 30 day. the purpose of the agenda item is to discuss how to/whether to contest the AG investigation, the consequences of doing so, and the Council's direction.

5. Discussion and Possible Direction to City Attorney as to Attorney General Investigation Regarding Plastic Bag Ordinance O-13-14

Pursuant to A.R.S. § 38-431.03(a)(3) and (a)(4), Upon a public majority vote of the members constituting a quorum, a public body may hold an executive session but only for the following purposes:

3. Discussion or consultation for legal advice with the attorney or attorneys of the public body.

4. Discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body's position regarding contracts that are the subject of negotiations, in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation.

Britt Hanson, City Attorney

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