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9:05 a.m. Held a Board of Equalization meeting <br /> COUNTY ATTORNEY— REPORT ON PURCHASE OF BOBCAT SKID-STEER <br /> QUESTION REFERRED TO THE COUNTY ATTORNEY FOR OPINION —Deputy <br /> Attorney Jack Zitterkopf stated that the question on the purchase of the Bobcat was <br /> referred to him regarding the county purchasing act and the authority of elected officials <br /> to spend money in their budgets. The county purchasing act states that anything in <br /> excess of$20,000.00 must go out for formal bids, if it is between $5,000.00 and <br /> $20,000.00 the informal bid process can be used. The claim was $886.00 but the price <br /> of the unit was $30,000.00, there was an $11,000.00 exemption and they traded a piece <br /> of equipment in, so the final cost was $886.00, even without the trade the purchase was <br /> under the $20,000.00. He also discussed this issue with Mark Young and they <br /> disagreed. But the original contract had an option to trade the unit in if it was under a <br /> certain number of used hours and they could receive a newer model. Mr. Ruiz also <br /> looked at the cost of the maintenance on the unit which could have been $1200.00 or <br /> $1600.00 but because of the option in the contract he could trade for $886.00. So in the <br /> long run he saved money and regardless of the purchasing act he was able to get the <br /> best deal and even with 3 informal bids he could not trade for less. This clause was part <br /> of the original purchase contract. Mr. Zitterkopf stated that in his opinion he did a good <br /> job. <br /> The other question that has been coming up is when and how purchases are authorized <br /> by the board. He did research the county budget act 23-912, a copy was distributed to <br /> the board members, and he quoted the act. The county board is involved at the budget <br /> process and once approved the board is finished. The department head has to comply <br /> with the county purchasing act to make purchases. He also included a copy of the <br /> attorney general's opinion from 1981 that states once a budget is set and approved that <br /> the county boards function is to make sure that the budget is not exceeded and the <br /> official has not made expenditures that are arbitrary, capricious or unreasonable. The <br /> official can make purchases and borrow money from another line item as long as they do <br /> not exceed the total budget. In conclusion the county board could deny a purchase that <br /> would exceed the budget or deny expenditures that are arbitrary, capricious or <br /> unreasonable. Elected official can proceed but in the case of the election commission, <br /> corrections director and veterans service officer they are not elected officials so they <br /> would go to the board of corrections or a higher authority. <br /> The board will return to this issue after the bid opening <br /> PUBLIC PARTICIPATION — Chairman Jeffries called for public participation and no one <br /> responded. <br /> 2 <br />