BC 2012 12 03 Recessed Meeting - Laserfiche WebLink

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December 3, 2012 (Recessed Meeting) Page 1324 wants to make a comment? That's my holding point, if you will, that's where I'm trying to get to that comfort spot. Measmer: Well, you know I'll just say I agree Commissioner Poole; the gravity of this situation is something that I've been thinking about of course over the weekend since our meeting on Thursday. You know Ben, I've considered you a personal friend and still do, you know it's nothing against you personally, but I'm very concerned with the fact that - you know - each board member that sits here is personally responsible for anything that could go wrong. And the question of whether or not your law suspension has been communicated, you know with Liberty Mutual and Liberty National - whichever company it is that you were working with. It's concerning to me. You know if we were to pass this bond and you take office and that bond is rescinded, that puts each one of us in a position. And you know that's something I can't take lightly. And it's a very difficult decision but it's just something I'm not prepared to take that risk. Small: Okay. I appreciate that. Certainly what I'm about to say may not make you feel any better. But as a matter of record, I don't think there is anything in the appellate record where a county commissioner has been sued personally over register of deeds bond and you're talking about dating back to the origin of this Chapter 58 and its predecessor, which goes back to about the mid 1800's. Not saying it couldn't happen, I'm just saying there's certainly nothing on the appellate record that says it has happened. I understand your position. Measmer: And I understand that this is - this is probably a situation that has never happened in the history of Cabarrus County that I'm aware of, probably much less around in any counties around the state. So this is an unusual situation, it's very unfortunate, and it's a difficult position to make but it is business. And that's what it comes down to, I have to make the best decision I can with the information I have been provided. Koch: There is a 1933 case from Bladen County that deals with that issue. It was a relatively small sum of money, but - and it dealt with the clerk' s office not with the register of deeds - but there is a case for that statute where some part of it was portrayed. White: Well, I will reiterate what Commissioner Measmer says and what Commissioner - or Chair Poole says that I - my concern is that that information wasn't provided. And Mr. Cash has been in this county for a number of years and I certainly think that information, he would have had his office make certain that that information was sent on. And it was just an oversight or it just wasn't passed on. So I would not be able to approve the bond and I make a motion to disapprove the bond. Small: I would ask that the board delay any type of a vote until we've had some type of opportunity to contact the insurance company to get something in writing. White: The only concern that I have is we've got - I don't know what the status of our register of deeds has been today. Poole: It's been closed. Measmer: I'll second Commissioner White's motion. Poole: We have a motion and we have a second on the table. Any discussion? Carruth: It's not something you normally hear me do, Ben, we've known each other for several years and it's a very difficult - this is a difficult decision to make because what you're talking about here (inaudible)good bond it affects a - you're not able to take office. But if we approve the bond, and something happens, think about the gravity of what we have to deal ourselves with and go see who all is downstairs. It's one of the down - thought valid offices, it's an important office, it's one that I think that (inaudible) for him to fax it. And I don't mean to drudge up old stuff because I mean this is stuff that has been dealt with, that I do believe that had that been disclosed, I don't think - I think that would have been a critical thing, that information (inaudible) . I think the bond is a valid (inaudible) work for a living (inaudible) , you know? But I think in that perspective that information, I think is something that would have had effect on this bond. I cannot, I just - I - you know it's a very hard decision, here's why: cause you are duly elected by the citizens of Cabarrus County. You won the election. I mean what we're doing here is doing something that we can't even do to one of our own board members and that's to take steps to make the person ineligible for office by our vote - so it's something very, very serious when we do, and it will be the last vote I take on this board. You know, but I've got to look at the fact - and I know that in (inaudible) past we're - they kind of recognize that we own the state statutes by making us personally responsible if we don't disclose and have an obligation to disclose. So if we approve the bond and disclose it after we approve the bond, knowing that very well two months down the road or a month down the road or two weeks down the road that we're back on (inaudible) of our vote, then we'll have to deal with the issue then when you deal with it now. And honestly, (inaudible) therefore you reserve some sort of continuity until you know, this is resolved as far as the office is concerned, so I would have to agree with Chairman, Commissioner White and Commissioner Measmer - I just