Commissioners Disregard Attorney Legal Opinions, Lawsuit Possible

September 26, 2016 - Although advised by the Shelby County Attorney and Assistant District Attorney to pay an item included on the list of bills to be paid by the county, the Shelby County Commissioners chose to table the item which is a subject of a possible lawsuit.

Presented on the bill items was an invoice from the City of Huxley for gas which allegedly leaked due to an excavation project performed by the county.

Judge Harbison requested Cindy Clark, her assistant, retrieve a letter from the Judge's desk which reportedly was from the City of Huxley.

When the meeting came to the monthly expenses agenda item Travis Rodgers, Commissioner Precinct 3, asked Judge Harbison if it was the time in the meeting where the subject of the letter could be addressed.

"The City of Huxley says Road and Bridge 3 and Travis Rodgers owe him $5,700 in the loss of gas due to excavating without notification," said Rodgers. "There was no excavation at this point that broke a gas line. There was a tree that pulled across the road and the line was so shallow and covered in water that it did rupture the line. Personally I do not see Shelby County being responsible."

Rodgers stated he wasn't aware the item was upcoming on the budget and he has pictures showing there was no excavation, the water in the area the line broke and the depth the lines are supposed to be.

"Whatever y'all think is right, we'll try to do, but this is the situation that we ran into," said Rodgers.

"County Attorney [Gary] Rholes got a demand letter from Huxley for the $5,700 and if we don't pay for the, for this settlement for fixing the gas line and everything that they're going to sue us," said Judge Harbison.

Clint Porterfield, County Auditor, confirmed the deductible for the general liability insurance for the county is $10,000. Judge Harbison stated it was less expensive to the county to just pay the $5,700 rather than to defend it in court as advised by the county attorney. Porterfield agreed that was the advice of Rholes.

"Anytime you settle a claim for less than defense costs, you should do it," said Stephen Shires, Assistant District Attorney.

Roscoe McSwain, Commissioner Precinct 1, disagreed with setting the precedent regardless of the financial savings.

"I'm not saying you're wrong from a financial standpoint, but from a precedent standpoint it's very wrong, because they're going to start trying to charge us every time something happens when it's not our fault. If we set a precedent to pay them, they're going to wear us out. He did no digging, none whatsoever and it busted the gas line," said McSwain.

He continued by stating it is not the county's fault the gas line was exposed. Shires stated what the commissioners have to consider is the financial value opposed to setting a precedent.

Judge Harbison offered the option for the commissioners to table the disputed charge for consideration and pay the rest of the bills. Rodgers said the City of Huxley truly should be filing their lawsuit against the county and not against Precinct 3.

Rodgers asked Judge Harbison if the next meeting would be held before October 11, 2016 and Harbison told him the next meeting is on October 11. At that time Rodgers informed the court he is to be in small claims court on that date regarding the $5,700.

"That would be dismissed just like that if they can't file a suit strictly just against Precinct 3, they didn't file it proper wording," said McSwain.

Judge Harbison stated she didn't know of the county receiving notice of the suit yet and Rodgers stated he has received notice.

"You need to get that to our county attorney and me a copy too to check it out," said Judge Harbison.

A motion carried to pay the past month's bills excluding the $5,700 bill to Precinct 3.

The commissioners were to consider dispersing Child Safety Fee Funds and Stephen Shires, Assistant District Attorney/Children's Advocacy Center board member, updated the commissioners on the program. He stated the Children's Advocacy Center (CAC) has serviced 142 children for counseling and various services, 99 forensic interviews were also handled on the investigation and treatment side.

Programs to over 1,200 adults and 2,000 children in Shelby County in efforts to uncover and prevent child abuse of all sorts. Shires explained money comes in from the state; however, he stated that was contingent on receiving local funding support.

Shires informed the commissioners CAC Sex Assault Nurse Examiner (SANE) for children and at this time is making attempts to provide a SANE for adults. At this time adult victims have to be taken out of the area for examination, which can add to their trauma.

"I'm glad that we are able to investigate and prosecute successfully these terrible things, but I believe where we can really do a lot more good is more prevention," said Shires.

Judge Harbison stated there was $12,061.07 available for distribution after the administration fee and distribution fees to incorporated are taken out.

"We actually disbursed this back in March, I believe we've been doing it twice a year. In March we gave 65% to the Children's Advocacy Center and 35% to CASA and we did that on March 28, 2016," said Judge Harbison.

Harbison explained the money collected through the Child Safety Fee can be used at the county level to fund programs to enhance child safety, health or nutrition including child abuse prevention and intervention as well as drug and alcohol abuse prevention.

A motion carried to continue the 65% to CAC-35% to CASA split.

The meeting adjourned at 10:08am.

Agenda items approved during the meeting include:
1. Pay Monthly expenses.
2. 1 South East to Pineywoods Family Outreach Center and Precinct 3 to Campti Pentecostal Church.
3. Disperse Child Safety Fee Funds at a split of 65% to CAC and 35% to CASA.
4. Grantworks to provide administration services for the 2017 - 2018 Community Development Fund.
5. KSA to provide engineering services for the 2017 - 2018 Community Development Fund.
6. Adjourn at 10:08am.

Tabled agenda items:
1. City of Huxley gas bill to Precinct 3.