An Open Letter to Maricopa County: Why MCCCD is Suing Maricopa County – and Why This Fight Matters to All of Us

Wednesday, January 15, 2025
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On January 9, the Maricopa County Community College District (MCCCD) took the difficult but necessary step of filing a lawsuit against Maricopa County. The filing is in response to the County's years of miscalculations and lack of resolution related to the Qasimyar v. Maricopa County class action lawsuit. This issue has impacted nearly 1,500 taxing jurisdictions, including MCCCD. Despite providing a Notice of Claim on September 27, 2024, which outlined the damages and sought an amicable resolution, MCCCD has seen no meaningful progress.

The Impact of the County's Errors

When an organization makes a mistake, you expect them to take responsibility for the consequences, not shift them to others. The County's mistakes have led to a substantial financial burden for MCCCD. As a result of the Qasimyar case, the County must refund nearly $330 million to taxpayers. Of this amount, the County asserts that MCCCD's portion of this refund is over $45 million. Astonishingly, approximately 18.5% of this sum, over $8.5 million, consists of accrued interest—a consequence of the County's decision to appeal the Qasimyar case multiple times without input from the impacted taxing jurisdictions. 

For more than three months since the Notice of Claim was filed, the County has made no material effort to engage in discussions to resolve the issue fairly and equitably. As one of the largest impacted jurisdictions, MCCCD has been significantly harmed by the County's errors. With 75% of our budget dependent on property taxes, it is critical to safeguard taxpayer dollars. Any dollar taken from MCCCD's tax revenues improperly by the County due to its error, is a dollar that could be used to benefit future students.

Unilateral Actions by the County

The County has taken the entire sum—over $45 million—from MCCCD's accounts without our consent, even after being served with a Notice of Claim. Despite MCCCD's repeated efforts to engage with County officials to collaboratively address this issue, County officials have been unwilling to engage in a meaningful manner. MCCCD has consistently sought to develop a fair and fiscally responsible plan to repay the principal portion of the funds owed to local taxpayers—not the accrued interest, which was a direct result of the County's mistakes—while ensuring minimal impact on our students, employees, and the broader community.

A Call for Accountability

MCCCD is not alone. With nearly 1,500 jurisdictions affected, this issue impacts countless organizations, including public school districts and fire districts, and demands transparency, accountability, and a fair resolution. As one of the largest community college systems in the nation, MCCCD must be responsible with our resources and protect our students, our taxpayers, and the public funds entrusted to us. While MCCCD has now filed a lawsuit, other jurisdictions may follow in holding the County accountable for its actions, ensuring transparency and fairness.

We urge the County to work with impacted jurisdictions to resolve this issue promptly, transparently, and fairly. The time to take responsibility is now.
 

Sincerely,

Susan Bitter Smith, MCCCD Governing Board President
Dr. Steven R. Gonzales, MCCCD Chancellor