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Commission Minutes--November 20, 2000 2219 <br /> <br />11. <br /> <br />12. <br /> <br />CONTRACT APPROVAL, Ci~selton MOTION, passed <br /> Mrs. Quick moved and Mrs. Schneider seconded to approve the <br /> following contract submitted by respective department head, subject <br /> to state's attorney approval, and authorize the chairman to sign: City <br /> of Casselton for law enforcement services for 2001. On roll call vote, <br /> motion carried unanimously, <br /> <br />SHERIFF'S DEPARTMENT STATUS REPORTS, Jail computer; HazMat agreement <br />Captain Glenn Ellingsberg, SherifFs Department, reported on the jail computer hardware and <br />software modifications. He said the jail transition team has been exploring programs that track <br />inmate's activities within the jail, and he provided a hand-out of one such program entitled <br />"Corrections Automation: Using Bar Codes." if the modification work continues at the pace it <br />is going, Captain Ellingsberg said the computer system will be in place when the new jail opens. <br /> Concerning the proposed HazMat contract, Captain Ellingsberg said he and Birch Burdick, <br /> State's Attorney, are continuing to work with the State of Minnesota and City of Moorhead, as <br /> well as with the City of Fargo; and if unable to enter into an agreement with any entity, the <br /> Sheriffs Department would not appropriate the funds in their 2001 budget for this purpose. <br /> <br /> TERMS, Stat' Attorne o inlon <br />COMMISSIONER <br />Chairman Meyer introduced the Commissioners-elect Scott Wagner and Robyn Serum, who <br />were in attendance at today's meeting. A question was raised after the November 7, 2000, <br />General Election as to when the newly elected commissioners would take office because there <br />are conflicting laws on the terms of the incoming commissioners and the terms of the outgoing <br />Commissioners, Robbie Quick and Paul Koenig. <br /> <br />State's Attorney Bimh Bu rdick su bmitted a written legal opinion to the County Commission Office <br />last Friday, and it was copied and mailed to each commissioner and comreissioner-elect. Mr. <br />Burdick enclosed additional information with his letter, which included copies of State statutes, <br />relevant sections of the Cass County Home Rule Charter, and an Attorney General's opinion <br />concerning this topic. <br /> <br /> Mr. Burdick said it appears there are at least three options to deal with the problem created in <br /> 1997 when the North Dakota Legislature passed a new statute, NDCC t 1-10-05.1, which raised <br /> some issues as to the ending date of outgoing commissioners and the starting date of incoming <br /> commissioners. There was no cause for concern with the new law in 1998 in Cass County <br /> because the incumbent commissioners were re-elected. <br /> <br /> The North Dakota Constitution provides that any elective county office shall be for a term of four <br /> years. One State law provides that regular terms of elected county officers are to begin on the <br /> first Monday in January next succeeding the date of the officer's election, or within ten days <br /> thereafter. The 1997 law provides that the regular term of each county commissioner, when <br /> elected for a full term, commences on the first Monday in December next succeeding the <br /> officer's election, or within ten days thereafter. Another law indicates a commission shall consist <br /> of no less than three nor more than five members. Cass County's home rule charter provides, <br /> in part, that the board of county commissioners shall consist of five members. No matter what <br /> the county does, they will be in violation of some statute, according to the State's Attoreey. <br /> <br /> <br />