McPherson County hires outside counsel to respond to PUC discovery; commission to request extension

The McPherson County Commission voted to hire attorney Brian Jordy on a limited basis at $200 per hour to help draft responses and objections to discovery questions tied to a county ordinance and an anticipated Public Utilities Commission (PUC) proceeding.

The move, approved by motion, comes after Jordy told the commission many of the PUC interrogatories are objectionable and urged the county to seek a short scheduling extension while counsel narrows which requests must be answered and which should be objected to.

Jordy advised commissioners that discovery responses should be filtered: counsel should first identify requests that are plainly objectionable, then flag a smaller set of legitimately answerable questions for the county to compile. He recommended the county ask the PUC for additional time rather than producing large volumes of material immediately, and pointed out the county may later supplement answers if new information appears. “Just because someone sends you a question doesn’t mean that they deserve an answer,” Jordy said on the record.

Commissioners discussed using Jordy on a limited scope—primarily drafting objections and the initial responses—and possibly putting Yankton attorney Nick Moser on notice or retainer later. Jeff Newhart, who said he is chairman of the county zoning board and was involved in drafting the ordinance, told the commission he will be on vacation and asked whether the county could secure an extension of 30–45 days; Jordy said asking the PUC is common practice and that the commission should expect a tight statutory timeline.

The commission approved a motion to hire Jordy on a limited basis to respond to the interrogatories at $200 per hour. The motion was moved by Mike and seconded by Jeff; commissioners recorded as voting in favor included Jeff Newhart, Mike (last name not specified in the record), Commissioner Sid (last name not specified), and Commissioner Neil (last name not specified). The commission also directed staff to compile commissioners’ email addresses and provide Jordy with the list of interrogatories so counsel could begin drafting.

The county discussed next steps: counsel will produce a draft set of objections and proposed answers, identify which items require factual follow-up from county personnel, and the commission will decide whether to supplement answers or seek further assistance from Moser later. Jordy said he could turn around draft answers quickly but that the county’s ability to collect necessary factual records will control the schedule.

Votes at a glance: hire outside counsel (limited scope) — motion passed; mover: Mike; seconder: Jeff; recorded ayes: Jeff Newhart, Mike, Sid, Neil.

The county’s formal deadline referenced in the meeting was counted in business days and, as discussed, corresponds to early March under the business-day calculation used by counsel. Commissioners directed staff to ask the PUC for an extension while counsel begins work.