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Commission tables liability-waiver form after counsel and staff raise notarization and binding-effect questions
Summary
The commission tabled final action on a proposed waiver/release of liability and directed staff to seek further counsel on whether commission members may notarize the document and on specific phrasing about medical conditions and binding effect.
The Berkeley County Deputy Sheriff Civil Service Commission tabled final approval of a proposed waiver and release-of-liability form used for applicants taking the physical fitness test, after attorneys and staff flagged several issues including notarization, phrasing about medical conditions, and whether the form could include "binding effect" language. Staff reported that drafts were exchanged with county counsel (sent to "Mister Delvani/Delagotti" in the transcript) and counsel for the commission (referred to as "Mister Henry"). Counsel suggested changes to the draft; members discussed removing a final sentence that would let a commission member decline to administer a test if a medical condition appeared present, and debated whether the commission or related staff should notarize applicant signatures. One attorney advised against commission members notarizing documents where the commission has an interest; staff and others said they had notarized documents in other contexts, but the legal-risk counsel raised prompted commissioners to pause. Commissioners voted to table the item pending redrafting and further counsel review. They instructed staff to circulate a revised form incorporating agreed edits and to obtain legal guidance on notarization and binding-effect language before returning the item to the commission.
