County counsel explains class-action notice over dumpster sizes; commissioners vote not to opt out

County staff told commissioners the county had received notice that it may be named as a member of a class-action lawsuit alleging that Allied Waste or Republic Services provided or rented dumpsters advertised as three yards that were not in fact three yards, resulting in alleged overcharges to customers.

The staff presentation explained the class-action process: if a class is certified, the defendant will produce records during discovery identifying entities that purchased or rented the relevant dumpsters. Staff said the county does not appear to have unique, individualized claims worth litigating separately and recommended the county not opt out of the class. As staff summarized, "Our general recommendation is that you that we don't opt out." The transcript records that the county could opt out if a connected entity (for example, a named advisory body or separately governed entity) chose to pursue its own claim, but for entities solely under the county's authority staff recommended staying in the class.

Speaker 3 asked for the correct motion language and then moved "to not opt out." Speaker 5 seconded. Speaker 4 reminded the board that the deadline to decide is "the twentieth." The board voted 'Aye' on the motion and the decision to remain part of the proposed class was approved by voice vote.

Staff cautioned that no recovery existed at the time; the case was in an early stage and the county's decision now preserves the option to share in any recovery managed by plaintiffs' counsel through the class process. The transcript notes that other local entities might receive similar notices and would need to make independent opt-out decisions where applicable.

Next steps: county staff will monitor litigation and respond to discovery requests if required; any entity that wants to opt out must follow the procedures described in the notice before the stated deadline.