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Mr. Humphrey stated that they had to remove some park equipment because it was under water <br /> all summer and it is not safe to use. <br /> 13 EXECUTIVE SESSION STRATEGY SESSION REGARDING THREATENED LITIGATION — <br /> Peterson made a motion and Bredthauer seconded to go into executive session. This executive <br /> session to protect the public interest and to prevent needles harm to an individual. Bredthauer, <br /> Hartman, Hurst, Lancaster, Quandt, Peterson and Richardson all voted yes and none voted no. <br /> Motion carried. <br /> 12:55 p.m. executive session <br /> 1:02 p.m. Peterson made a motion and Richardson seconded to go out of executive session. <br /> No other subjects were discussed no votes were taken and no action was taken. Bredthauer, <br /> Hartman, Hurst, Lancaster, Quandt, Peterson and Richardson all voted yes and none voted no. <br /> Motion carried. <br /> 14 DISCUSSION & POSSIBE ACTION REGARD SEPARATION AGREEMENT— Peterson <br /> made a motion and Richardson seconded to approve the separation agreement with Dave <br /> Krolowski. Bredthauer, Hartman, Hurst, Lancaster, Quandt, Peterson and Richardson all voted <br /> yes and none voted no. Motion carried. <br /> 4B DISCUSSION & POSSIBLE ACTION TO HIRE LEGAL COUNSEL FOR LAWSUIT FILED <br /> ON ELECTION COMMISSIONER — Election Commissioner and Deputy County Attorney Sarah <br /> Carstensen stated that the county will need to respond to this lawsuit. They may not need to do <br /> it yet because the Secretary of State has a common interest since this is a provision of the law <br /> but they want to make sure that they follow the right process so she is recommending to hire an <br /> attorney. <br /> Quandt ask if Hall County could jump on board with other counties and Sarah stated that they <br /> would have the same common interest but she talked to 2 others and they have not been sued <br /> yet. They want to make sure that they respond. Hall County it the largest of the small and the <br /> smallest of the large in Sarpy Lancaster and Douglas County the governor makes the <br /> appointments and others the county board appoints the election commissioner. <br /> Quandt stated that he talked to the Secretary of State and ask if the county could join them it is <br /> the same set of state statutes. Sarah stated that the statutes are effective and lawful and <br /> constitutional. The Attorney General's office did write an opinion regarding this. Sarah stated it <br /> does have merit to work on this we do not want the integrity of our elections questioned. <br /> Peterson made a motion and Quandt seconded to pursue the most economical way to address <br /> this lawsuit and to include other counties. Bredthauer, Hartman, Hurst, Lancaster, Quandt, <br /> Peterson and Richardson all voted yes and none voted no. Motion carried. <br /> Hartman suggested letting the other counties fight the battle then join in. <br /> Election Commissioner Tracy Overstreet expressed frustration as to why this is coming up now. <br /> They said that there is no definition of a county official and claim that it does not match state <br /> statute. They ask for a definition and they ask for an attorney general opinion. This went to the <br /> Nebraska Supreme Court and it was dismissed they have refused to look at the issue. Some <br /> counties the county clerk is the exofficio and this was added for the board to make the <br /> 10 <br />