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Motion to let county attorney accept appeal notices fails after commissioners debate service procedures
Summary
A proposed authorization to allow the county attorney or designee to accept notices of appeal under a new statute failed after commissioners expressed preference that defendants be served directly; roll-call produced a majority of nays.
Commissioners considered a newly effective statute (effective July 1) that would allow county officials other than a commissioner to accept notices of appeal. A commissioner (S3) moved to authorize the county attorney Bruce or a designee to accept such notices for the board's convenience.
Board members debated whether it was appropriate for the county to accept service on behalf of the entire board. One commissioner said, "I think if we get sued, I think we should be served," arguing for traditional service on the board rather than routing documents through staff. After discussion a roll-call vote produced a majority of nays and the motion failed.
The clerk recorded Ewing: aye; Homer: nay; Flanagan: nay; Jennings: aye; Tissell: nay, yielding a failed motion. Commissioners asked staff to review the statute's language and bring clearer options or alternatives to a future meeting rather than adopting the delegation at this time.
