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November 29, 2012 (Special Meeting) Page 1303 be, or which by reasonable diligence he could have discovered to have been, insufficient in the penal sum, or in the security thereof, shall be liable as if he were a surety thereto, and may be sued accordingly by any person having a cause of action on such bond." So that's - like I say that's basically what the statutes says and it ... I had some communication with a Professor Chuck Szypszak at the North Carolina School of Government. He is considered the expert at the school of government concerning the office of the register of deeds and inquired of him just all while you're trying to make sure that my reading of those statutes was correct, as to the appropriateness of any inquiry by members of the Board of Commissioners into a bond that was obtained by the candidate or the elected register in his own behalf. And I can share with you his opinion, to summarize it, to simply say that he said it is certainly appropriate for you to do so based on your potential personal exposure under the statute I just read. And I think that unless you have any questions, that's all. I think that summarizes the position that the board is in the afternoon. Burrage: Would - would you run that last statement by us again? Poole: I was gonna say, if anybody has questions of Mr. Koch now would be, you would wanna do that - so, you want which statement? Koch: Which statement? Burrage: The one you just got through making. Koch: The one about the statute or what Professor Szypszak said? Burrage: What he said about the... responsibility to commissioners, I think is what he said. Koch: Let me just read his opinion, that might - it's, it's I think might be helpful. It just says this: "In my opinion it is appropriate and lawful for the commissioners to inquire about the information provided by Mr. Small in support of the bond application. As you point out the commissioners are responsible for approving the bond and can be held accountable if they allow the office to be taken without one. Presumably the bond company reserved the right to revoke the bond if relevant information was withheld. It seems reasonable and appropriate that the commissioners be assured that relevant known information has been presented. One approach would be to ask for a copy of the application, and it would seem within the commissioners` authority to do SO. Of course the commissioners would want to be very careful about communications with the bonding company that could be construed as providing incorrect or partial information or as challenging an underwriting decision based on full disclosure." And it's based on those last sentences in that opinion that - that neither I nor anyone else from the county, to my knowledge, has contacted Western Surety Company to inquire about this bond. Burrage: But they did issue a $50,000 bond. Koch: They issued a $50,000 bond. Burrage: Are they responsible for any more than that $50,000 if something does go wrong? Koch: No, sir. Burrage: Well, Western Surety's been in business what over a hundred years, I've used `em for 40 years, I know. Koch: They have been around a long time and have written a lot of bonds, that is true. We've seen some of them on some construction jobs that which bonds had been provided by contractors of those jobs. So, it's a familiar company. Yes, sir. Burrage: And what other - other than the fact that he didn't, he did not sign this bond - is that one of the problems? Koch: Yes, sir. Those were the four technical things about the bond. Burrage: Has it been signed now? Koch: I do not know. I think Mr. Small can answer that question. I've had no communication with him since the letter that I sent to him that pointed out those specific issues. Small: I'll be glad to respond to all of the statements made by Mr. Koch, if you'd like me to, Mr. Burrage. I got a phone call - Poole: (inaudible) one second - if you don't mind, one second. Are there other questions that you have of Mr. Koch, just to make sure - I - I do want you to, don't worry, you'll have plenty of time - Small: Okay, thank you Madam Chairman. Poole: I just want to make sure that if he has - if you had any questions about the statutes that he needs to answer, then I want to give everybody a chance to ask those questions of Rich. So, are there any other questions about the statutes that you want answer - ask? And then we will give Ben plenty of time. Carruth: One question, and it's probably pretty obvious, but if the Board votes and it's not unanimous, not to grant - I mean to grant the bond - does the liability go to all the commissioners or is (inaudible) in statute that if you record any dissenting votes, I wondered about that, if you vote - if the Board votes to give a bond and it turns out to be bad, did those voting against it also liable just as those who voted for it.