April 23, 2013 - Laserfiche WebLink

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COUNTY ATTORNEY EXECUTIVE SESSION - Quandt made a motion and Ziola seconded to go into executive session regarding personnel. This executive session is to prevent needless harm or injury to an individual. Arnold, Lancaster, McFarland, Purdy, Quandt, Schuppan and Ziola all voted yes and none voted no. Motion carried. Lancaster stated that County Attorney Mark Young and Deputy County Attorney Jack Zitterkopf will stay for the executive session. 9:07 a.m. executive session 9:18 a.m. Quandt made a motion and Ziola seconded to go out of executive session. No other subject was discussed during the executive sessian and no action was taken. Arnold, Lancaster, McFarland, Purdy, Quandt, Schuppan and Ziola all voted yes and none voted no. Motion carried. 9:20 a. m. Held a Board of Equalization meeting. 9:25 a.m. adjourned back to the regular meeting. PUBLIC PARTICIPATION — Chairman Lancaster called far public participation and no one responded. 6 A. DISCUSSION ON CLAIMS FROM ATTQRNEY J�RRY FOGERTY— Claim number 13040192 from Attorney Jerry Fogarty for mental health board services dating back to 2010 was submitted for payment. Mr. Zitterkopf stated that he is not sure why the claims were so late. Mr. Fogarty was assigned by the mental health baard to provide services. This is different than the regular court appointed attorneys because those claims are reviewed by the judges and these attorneys are appointed by the mental health board. These claims are ov�r 1 '/a years old. Nebraska State Statute 23-135 states that claims over 90 days old shall not be paid. Mr. Zitterkopf stated that he Iooked at various cases but they were not very helpful. Mr. Fogarty was appointed by the mental health board and that is an offer and an acceptance to perform services and the claim for services should be submitted in 90 days. Mr. Zitterkopf stated that it is his opinion that the County Board would be within their rights to deny the claim. Does the statute allow the board to pay claims in spite of the fact that it is old there is no concrete answer for that. A report was run from 2010 and these claims have not been paid. Ms. Lancaster stated that the most recent s�rvice was December 2010 and the person has some responsibility to submit the claim. The action that the board takes will set precedence for future claims. Mr. Ziola stated that he researched the statutes and the part that makes him pause is the verbiage "shall". The word shall daes not allow a chance to waiver. Arnold questioned how the attorneys for th� mental health board hearing are appointed and Mr. Zitterkopf stated he is not sure but in criminal cases the judges appoint the attorneys and there may be a select f�w for the mental health board hearings. Arnold stated that he would like to check on this. Arnold made a motion to hold this claim for clarification. Discussion was held and Mr. Arnold withdrew his motion. 2