11-20-2000 - Laserfiche WebLink

Commission Minutes--November 20, 2000 2219 11. CONTRACT APPROVAL, City of Casselton MOTION, passed Mrs. Quick moved and Mrs. Schneider seconded to approve the following contract submitted by respective department head, subject to state's attorney approval, and authorize the chairman to sign: City of Casselton for law enforcement services for 2001. On roll call vote, motion carried unanimously. 12. SHERIFF'S DEPARTMENT STATUS REPORTS, Jail comouter: HazMat agreement Captain Glenn Ellingsberg, Sheriff's Department, reported on the jail computer hardware and software modifications. He said the jail transition team has been exploring programs that track inmate's activities within the jail, and he provided a hand-out of one such program entitled "Corrections Automation: Using Bar Codes." If the modification work continues at the pace it is going, Captain Ellingsberg said the computer system will be in place when the new jail opens. Concerning the proposed HazMat contract, Captain Ellingsberg said he and Birch Burdick, State's Attorney, are continuing to work with the State of Minnesota and City of Moorhead, as well as with the City of Fargo; and if unable to enter into an agreement with any entity, the Sheriff's Department would not appropriate the funds in their 2001 budget for this purpose. 13. COMMISSIONER TERMS, State's Attorney opinion Chairman Meyer introduced the Commissioners-elect Scott Wagner and Robyn Sorum, who were in attendance at today's meeting. A question was raised after the November 7, 2000, General Election as to when the newly elected commissioners would take office because there are conflicting laws on the terms of the incoming commissioners and the terms of the outgoing Commissioners, Robbie Quick and Paul Koenig. State's Attorney Birch Burdick submitted a written legal opinion to the County Commission Office last Friday, and it was copied and mailed to each commissioner and commissioner-elect. Mr. Burdick enclosed additional information with his letter, which included copies of State statutes, relevant sections of the Cass County Home Rule Charter, and an Attorney General's opinion concerning this topic. Mr. Burdick said it appears there are at least three options to deal with the problem created in 1997 when the North Dakota Legislature passed a new statute, NDCC 11-10-05.1, which raised some issues as to the ending date of outgoing commissioners and the starting date of incoming commissioners. There was no cause for concern with the new law in 1998 in Cass County because the incumbent commissioners were re-elected. The North Dakota Constitution provides that any elective county office shall be for a term of four years. One State law provides that regular terms of elected county officers are to begin on the first Monday in January next succeeding the date of the officer's election, or within ten days thereafter. The 1997 law provides that the regular term of each county commissioner, when elected for a full term, commences on the first Monday in December next succeeding the officer's election, orwithin ten days thereafter. Another law indicates a commission shall consist of no less than three nor more than five members. Cass County's home rule charter provides, in part, that the board of county commissioners shall consist of five members. No matter what the county does, they will be in violation of some statute, according to the State's Attorney.