Counsel warns Title 34 applies to public funds; team can pay privately but not be reimbursed

Counsel briefed the board that any expenditure of public funds for public buildings or improvements will be subject to Title 34, citing a Chandler case (Aiken Gardner) that resolved similar disputes.

"Any expenditure of public funds is subject to what's called title title 34 for public buildings and improvements," counsel said, noting a prior court case that required public funds to follow Title 34 processes. Board members asked whether the Diamondbacks could pay privately for certain items without triggering Title 34; counsel said if the team pays and is not reimbursed, Title 34 would not apply. "As long as the team wants to pay for it, they would not like to be reimbursed. They can pay for whatever they'd like with their money," counsel said.

Board members flagged past spending that may have been done under the assumption of reimbursement and discussed whether those expenditures could be grandfathered or otherwise accounted for in the lease and related documents. The board directed the subcommittee and counsel to draft lease language and a compliance roadmap consistent with the enabling legislation and MOU.