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Curry County commissioners adopt revised board order after court instruction
Summary
At a special meeting, the Curry County Board of Commissioners unanimously adopted a revised board order replacing Board Orders 23510 and 23619 after a judge requested clarifying language; the board directed county counsel to request related documents from the sheriff’s office.
At a special meeting, the Presiding member (Speaker 1) said the Curry County Board of Commissioners adopted a revised order repealing and replacing Board Order 23510 and Board Order 23619 after a recent court ruling called for refinements. "This is a board order that reflects the judgment," the Presiding member said, introducing the item.
Board member (Speaker 2) moved "to adopt the order repealing and replacing order number 23510 and order number 23619, requiring coordination and cooperation between the Curry County Board of Commissioners and Curry County Sheriff." The motion was seconded by the Presiding member (Speaker 1) and approved in a recorded vote.
Unidentified participant/staff (Speaker 4) proposed additional language to paragraph 1 requiring the sheriff to "promptly make available all records, information, and supporting documents to County legal counsel and the board upon request" and to "identify the specific documents ineligible for production" if privilege or exemption applies, and to "defer to such determinate determinations of legality made by county legal counsel." Speaker 4 added, "the sheriff is not is not competent or qualified to reach legal determinations on behalf of the county." Speaker 3 thanked Speaker 4 for the addition; the Presiding member noted that Judge Stone "preferred" that language and that it improved the document.
After the motion passed, the Presiding member requested consensus to direct county counsel to seek the documentation and information that led to the board order and any recent related materials necessary to address county concerns; board members agreed. The board did not record additional conditions or amendments beyond the added paragraph clarifying counsel’s role.
The board cited "192.660 subsection 2(h)" when moving into executive session earlier in the meeting to consult with counsel about litigation-related legal rights and duties; the public session resumed for the adoption and directions to counsel.
County counsel is expected to follow up on the document requests under the authority delegated by the board order. The board adjourned the special meeting afterward.
