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During the Navajo County Board of Supervisors meeting on Tuesday, April 14, the board appointed David Marshall of Snowflake as the new Navajo County Recorder. The decision came through written vote and it was not announced which members voted for who, but the majority of votes supported Marshall, with Supervisor Jason Whiting addressing Marshall stating, “As you know, it changes quite a bit from making laws to acting within those laws,” stated, “I hope you fill the trust that’s been extended towards you and I look forward to working with you.”

But as quickly as he was appointed, red flags were raised as to the legality of Marshall holding the position, as he was serving as a Republican State Representative at the time of the appointment. Although he submitted his resignation from the post effective April 17, Article 4, Part 2, Section 5 of the Arizona Constitution, which was written into law in 1938, states, “No member of the legislature, during the term for which he shall have been elected or appointed shall be eligible to hold any other office or be otherwise employed by the state of Arizona or, any county or incorporated city or town thereof.” In 1977, then-attorney general Bruce Babbitt also presented his opinion that a sitting lawmaker would violate the constitution by assuming an elected municipal office “during the life of the term to which such member was elected.”

If the matter should go to litigation, it could end badly for Marshall if it should be determined that he is unable to hold the position as recorder. Marshall’s appointment of the position follows the resignation of Timothy Jordan in February due to criminal convictions stemming from a road rage incident in October 2024. While there is no specific timeframe in which to accept the offer, until that time Jordan, who’s final day in the position was last week, will be required by law to hold the position until it’s filled.

It’s unclear if the board was aware of the law prior to making their decision. The other two candidates who were considered were Jose Lerma and Suzanne Hudspeth.

As of press time, there was no comment from Rep. Marshall or Navajo County Attorney Brad Carlyon regarding the appointment.

During call to the public, the White Mountain Apache Tribal Councilwoman Annette Tenijieth voiced her support for Marshall to be selected as Navajo County Recorder. “It is a role that demands precision, consistency and above all, public confidence. David Marshall understands that responsibility.”

White Mountain Apache Tribal Council Vice Chair Jerome Kasey also recommended Marshall for the position of county recorder. “He brings a steady hand, a clear sense of duty and commitment to serving each and every one of us here in Navajo County as residents with professionalism and fairness.” Apache Tribal Council Member Ivan Walker also supported Marshall.

During call to the public, county resident Doanna Shurwin advocated to get more high schoolers involved in the election process by having them serve as a clerk on an election board, citing regulations that state participants must be at least 16 years of age. Celia Laughlin also spoke on voting processes she believed to be questionable and requested the board to adopt her corrective action plan. Renee Rollins spoke on elections in the county as well, claiming cases of double voting for out-of-state registrations.

The board proclaimed the month of April as National County Government Month. While convened as the Navajo County Public Health District, the board proclaimed the week of April 12-18 as National Animal Care and Control Appreciation Week in Navajo County.

The board held a work session after the meeting to discuss and receive information regarding the county’s budget, including current fiscal status, departmental budget considerations and planning for upcoming budget development.

During the meeting, the board:

* Approved receipt of the Family Counseling Grant from the Administrative Office of the Courts for the probation department for fiscal year (FY) 2027 in the amount of $11,486, with $2,872 in matching funds for a total of $14,358.

* Approved the FY 2027 Court Field Trainer Grant application. The Court Field Trainer provides essential business processes, system support and on-site training for all Navajo County courts. A local field trainer ensures compliance with supreme court-mandated judicial employee training. The funding for this position is from the court’s local Fill the Gap funds, local Judicial Collection Enhancement funds and the Supreme Court Field Trainer grant.

* Approved the Certificate of Removal and Abatement purging record of tax, penalty and interest on personal property taxes.

* Approved the reissuance of Treasurer’s checks that were voided because they had been outstanding for a year or more or because they had been written out to the wrong payee, or the payee was deceased. The payees were contacted and are requesting replacement checks. Names on checks were Deborah Dunwell, Amrock, LLC -Arizona Trust, Kimberley Gullies and Dean H. Begody.

* Approved the re-entry program modernization project for Navajo County Jail. The implementation will configure the application for Navajo County’s specific workflows, data requirements and system integrations. The purpose of this project is to develop a statewide cross-system, recidivism tracking database that will support all counties to identify people with social determinants of health, mental health and substance use disorders at the earliest possible criminal justice intercept and link them to care to prevent them from re-offending. Navajo County will incur a monthly recurring charge not to exceed $3,293 which will be paid for out of funds provided by Yavapai County. There will be no fiscal impact on Navajo County during the initial start-up. Any subsequent maintenance fees associated with the database will be paid for by grant and/or appropriation monies.

* Approved an amendment to an Intergovernmental Agreement (IGA) with Arizona Health Care Cost Containment System (AHCCCS) which contains updated fees for inmate medical services.

* Approved a resolution supporting the sheriff’s office to request $150,000 from Gila River Indian Community grant funds for its accreditation management project.

* Approved an amendment to the supplying and delivering liquid asphalt products contract with Quality Emulsions to extend the contract one additional year until May 13, 2027.

* Approved an amendment to the guardrail installation, repair and supplies contract with Brown and White, Inc. to extend the contract one additional year to May 27, 2027.

* Approved an amendment to the annual slurry seal contract with American Pavement Preservation to extend the contract one additional year to May 12, 2027.

* Approved an amendment to the IGA between Navajo County and the Superior Courts of the State of Arizona, in and for Navajo County and Greenlee County, and the Superior Courts of the State of Arizona in and for Greenlee County for Juvenile Detention Services to extend the contract one additional year to May 24, 2027. The IGA allows the Navajo County juvenile detention center to host up to 10 of Greenlee County’s juvenile detainees.

* Approved an amendment to the Workforce Innovation and Opportunity Act (WIOA) One-Stop Operator contract with Head Forward Solutions, LLC to extend the contract one additional year to June 30, 2027.

* Approved a grant award contract in the amount of $27,684 for Navajo County Constables from the State of Arizona Constable Ethics, Standards & Training Board. The grant is for new radios for three constables and ammunition for five constables.

* Approved the appointment of Leon Wilson Crandell, Amy Jane Crandell, Elizabeth Renee Alden, Collin Clay Harston, Teresa Kay Watson, Merrianne Bouchard Taylor, Juliana Kay Harston, Beth Ellen Johnson, Deanna Rae Dunn, Freda Karen Chambers, Michael Charles Chambers and Morris Michael Pitts III as Republican Precinct Committeeman for their respective precincts. The appointment is valid through Oct. 1.

* Approved to conduct elections for Show Low, Pinetop-Lakeside, Holbrook, Snowflake, Winslow and Taylor on July 21 and/or Nov. 3.

* Accepted the surplus and seized vehicle and equipment list and authorized to publish the notice of the same scheduling the public surplus online auction for surplus and seized vehicles and equipment April 27-May 4.

* Approved a special use permit and operating plan with forest service for Tall Timbers Park property in Heber.

* Approved a letter of support for the Heber-Overgaard Community Resource Network’s application to the T-Mobile Hometown grant program.

* Approved submitting the Gila River Tribal Grant application on behalf of Timber Mesa Fire and Medical District to provide assistance with the purchase of a new Type 6 Wildland Engine.

* Approved an amendment to the master subscription agreement with Granicus to add closed captioning to the live stream for the board of supervisors’ meetings to ensure compliance with the new American’s with Disabilities Act digital accessibility regulations.

* Accepted State Grants-In-Aid construction funding in the amount of $50,000 for Pinedale Public Library roof and HVAC replacement project and authorizing staff to sign grant agreement documents.

* Approved an application from Pinetop Country Club for a class A Bingo license, located at 6734 Country Club Drive in Pinetop.

Convening as the Navajo County Jail District, the board:

* Approved an amendment to the contract between Comapp Technologies, LLC partnered with Combined Public Communications, LLC and Navajo County, to extend the contract by two one-year extensions and modify the scope and rates to be in compliance with all current and future Federal Communications Commission regulations. The contract provides inmate phone, video visitation, email and tablet services.

Convening as the Navajo County Public Health Services District, the board:

* Approved an IGA amendment between the Navajo County Public Health Service District and the Arizona Department of Public Health for immunization services. The amendment updates the budget period, revises the price sheet to include annual vaccine-preventable disease outbreak activities and adds additional funding source to support this agreement. No substantive changes have been made to the scope of work or the budget.