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I\7ovember 29, 2012 (Special Meeting) Page 1307
<br />White: And then if you can talk about, and I guess we've just kind of been
<br />talking around it and somewhat defining it, the next one "...or in the security
<br />thereof...".
<br />Koch: Well that was the one that - that seemed to be less precisely defined
<br />and because of the way it was worded, and this is a very old statute, I'm
<br />looking at the history on it-
<br />White: 1879
<br />Koch: Well the first iteration of it was 1869 and then it was apparently
<br />amended in 1879, in some fashion, but that language is a little bit archaic
<br />compared with the way that we express and draft statutes these days. So it's
<br />sometimes hard to really know what they were saying. And it was for that
<br />reason that I pitched the matter to Professor Szypszak because I wanted to
<br />get his take on what he thought that meant. And based on his opinion, that I
<br />read to you, and in my own it seemed to encompass being satisfied that the -
<br />that there wasn't any other type of problem with the bond - that it would be
<br />there (inaudible) without any reservations, without any conditions,
<br />throughout the term of the office and the term of the bond. I consider it to
<br />be a very broad and inclusive word, "security ", to make sure that the county
<br />is protected and that the commissioners are protected, that if there is a
<br />claim made against that bond, that they won't be any push back or issue
<br />raised by the bonding company as to the propriety of that bond and that they
<br />will stand good for it and that they won't be making any claim that either
<br />the county or any individual commissioner had done something or failed to do
<br />something that would have affected their obligation to stand behind that
<br />bond. That's how - that's how I interpreted it and I think that's consistent
<br />with Professor Szypszak's opinion as well.
<br />White: That's all the questions I have right now.
<br />Poole: Anybody? Do you have a question?
<br />Measmer: Going back to one of the things that was discussed earlier by
<br />Commissioner White. So if we fail to approve this bond today, then
<br />essentially, next week we'll have a register of deeds office that cannot
<br />conduct business, is that correct?
<br />Koch: No, contrary, I think that the existing register would essentially
<br />hold over and continue on under the existing bond.
<br />Measmer: So there's no - the existing bond is not due to expire?
<br />Koch: The existing bond is due to expire, but it can be extended - to cover
<br />that kind of situation. And Tony, I believe, has some additional information
<br />on that.
<br />Harris: The bond is currently, it automatically renewed for this term and
<br />once we have a final decision we can let them know to cancel it. So, there
<br />won't be a lapse.
<br />White: I want to make it clear, with what Commissioner Measmer asked, when
<br />you say it automatically renewed, it automatically renewed for Mrs. McAbee.
<br />Harris: Yes.
<br />White: Okay. That's - that's what I want to make certain. And even though
<br />Ms. McAbee has ret- has she - when is the official resignation date,
<br />retirement, excuse me. So even if she is retired, her office is still
<br />bonded, because that's what I read the bond as here - not only are - not only
<br />is the bonding company bonding the register of deeds but also the deputy
<br />register of - the deputy registrar, so whoever the deputy is would cover that
<br />- would stand in that position of being bonded.
<br />Harris: We also have a blanket bond to cover the deputies and the
<br />assistants, so that's how we take care of that.
<br />White: Okay. That's all I wanted to -
<br />Koch: And the statute covers that as well on the holdover period, would
<br />cover the deputies and assistants.
<br />White: I didn't mean to interrupt, Commissioner Measmer, I just wanted to
<br />make certain.
<br />Carruth: That brought me to another question when you said that. If we have
<br />a blanket bond for the assistant and deputy of the register of deeds,
<br />(inaudible) of course we won't have a new bond for that until we've appointed
<br />another register of deeds, so if Mr. Small takes office and he appoints
<br />those, they would have to be approved as well by the bonding company.
<br />Harris: We have a Fidelity blanket bond for all the employees. It's built
<br />into -
<br />Carruth: Okay. Thanks.
<br />Poole: Any other questions of Rich? And you can ask more if they come up -
<br />that's fine - I just wanted to kinda make sure we were, you know, going with
<br />him first.
<br />Burrage: So regardless of what happens next week, the register of deeds
<br />office will be open, correct?
<br />Koch: Yes, sir.
<br />Burrage: Now where it says here, Commissioner White brought up this 58 -72-
<br />60, where it says "...which he knows to be," now there's gotta be something
<br />that you have to know before voting for the bond. I don't know any reason
<br />not to vote for it, but if this is the case to where we're responsible for
<br />everybody we bond, I don't know why we vote to bond anybody.
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