Lieutenant Mark Ellis of the Kootenai County Sheriff’s Office told the board the nonprofit that owns the helicopter is willing to donate it to the county and to pay insurance; he said the aircraft has been used over the last 14 months for rescues and investigations and has encouraged applicants for the sheriff’s air unit.

Commissioners asked detailed questions about who would assume legal responsibility if the county accepts the asset. Chair Metari said accepting the helicopter would place the aircraft on the county’s books and change the county’s liability exposure, and she repeatedly asked whether legal review had occurred. "If the board says yes to it, you know, then obviously the sheriff’s office is 100% responsible for this program maintaining it and all the... good and bad that comes with it," Ellis replied.

Ellis described the air support unit’s organization in a draft operations manual: he identified himself as commanding officer, Sergeant Ryan Miller as unit sergeant, and David Cummings as chief pilot (Cummings is not a county employee). Ellis said training, pilot selection, maintenance and pre- and post-flight documentation are in place, including a three-signature preflight check and NVG (night-vision goggle) currency procedures. He said the nonprofit provides the chief mechanic (a volunteer) who performs routine work and that major repairs are contracted to paid services.

Commissioners pressed on where maintenance records are stored and whether county employees would sign off on maintenance performed by nonprofit staff. "Those are the things that kind of stood out to me," Chair Metari said, noting the county would need to demonstrate adherence to its policy manuals if an incident occurred. Ellis said maintenance logs and flight documentation are kept in a safe at the hangar and are available for review.

Several commissioners stressed the need for outside counsel to review the donation agreement and the operations/safety manuals before taking further steps. Commissioner Duncan said he could obtain a quote for legal review; the board discussed $2,000 or so as a likely review cost. Ellis asked for direction, saying the unit has invested significant time and money and needs to know whether the board wants to move forward or abandon the project.

A member of the public who later addressed the board during public comment, Ron Hartman, told commissioners he has "a gut feeling" that if the county takes over the aircraft, volunteer help will dry up and costs and county headcount will grow, and urged caution.

The board did not vote to accept the donation on Dec. 2. Commissioners directed staff to have outside counsel review the donation agreement and related documentation and to return with that review and a legal recommendation before any final decision.