Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Board Seating topic
No spam. Unsubscribe anytime.
County attorney says certified winner may sit pending appeals; residents cite judge's order
Summary
County legal counsel told commissioners that because the Court of Appeals denied an emergency motion, the Nov. 4 special election proceeded and certified winner Dale Benicki may sit and vote pending appellate review. Public commenters and at least one citizen-reader of the court order said the election remains "not valid" until the Court of Appeals decides.
Phil Goldsmith, the county's attorney, explained the board's legal position after a citizen'submitted letter and public comment questioned whether the District 2 seat was properly filled. Goldsmith said Judge Conkey's order stayed certain relief but allowed the November special election to proceed. "The Court of Appeals acted and they acted swiftly," Goldsmith said, adding that the appeals court denied the emergency motion to lift the stay and to cancel the election and therefore the election "went forward" and the result was certified.
Goldsmith told commissioners the court's orders and the speed of appellate action shaped his advice. He said, in sum, that "any action taken by Mr. Benicki as he sits on this board pending the decision by the Court of Appeals is valid." Commissioners asked whether actions taken while the appeal is pending could expose the county to liability; Goldsmith responded that, because the county followed the orders and the Court of Appeals chose not to vacate the election before ballots were printed or mailed, he was "not overly concerned" about immediate legal exposure.
Members of the public and some commissioners expressed disagreement. A citizen who identified himself as Brent read aloud language from the trial-court order and stated plainly: "The election is not valid until the court of appeals says that it is." Mark Brandt's letter, read into the record by Deputy Clerk Grace Miles, likewise emphasized Judge Conkey's view that the validity of the election will turn on appellate review and urged the board not to allow someone whose seat "has not been declared to be valid" to exercise commissioner powers. The board did not take a separate roll-call vote specifically to seat or unseat the member during the meeting; counsel's opinion and the record of the Court of Appeals' denial of the emergency motions were the central items of record.
Next steps: Counsel said the board will await any further orders from the Court of Appeals and that the county will follow appellate direction if it changes. The board scheduled more discussion of related items at the Dec. 16 meeting.
