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Commision settles lawsuit


The Walworth County Commission, Thursday, Nov. 5,  approved signing the jail class action lawsuit settlement agreement and to pay the $91,000 attorneys fee out of the commissioners’ services and fees budget.
Payment is to be made by Thursday, Nov. 12.
Part of that agreement is that the former jail building cannot be used to for a holding facility or for any other housing of prisoners. The building cannot be used as for anything related to jail use.
The funding for the settlement payment will be taken from the commissioner’s service and fees. A budget supplement could possibly be needed to fund the payment. It was agreed that at the end of the budget year, the commission will either advertise for a budget supplement or use contingency funds to repair those funds to the commissioner’s budget.

Transporation
There was discussion on transportation issues with Mobridge and the South Dakota Highway Patrol, and also where to have temporary holding areas for those in custody, but no decisions were made.
Commissioners Scott Schilling and Marion Schlomer questioned Sheriff Josh Boll about whether the City of Mobridge and the patrol should be paying the county to transport prisoners from the origin of arrest to the holding facilities. Schlomer said the city has taxing avenues that could be used to pay the county transportation fees. He cited a South Dakota Attorney General’s opinion that the agency that arrested the individual was responsible for that individual, not the county.
Walworth County State’s Attorney Jamie Hare said the opinion was written during a time when the arresting agency would transport an arrestee to a magistrate for charges and the setting of bond. The magistrate system is no longer used and in Hare’s opinion the AG’s opinion is no longer relevant.
Schilling wondered why the county did not receive any funds from the highway patrol from tickets written in the county.
It was pointed out that funding from the tickets was part of the funding for schools and other programs throughout the state.
Boll reminded the board that all county residents pay taxes and he serves all the taxpayers.
“I already have the transport team in place and it is my intension to use them,” he said. “We are doing things in compliance of our insurance carrier.”
Boll was questioned about requesting a new vehicle, a Chevrolet Tahoe, as well as a van for transporting inmates from holding facilities back to Walworth County for court days.
Boll told the board that he needs to purchase newer vehicles for transport to replace older sheriff’s office vehicles that have high mileage.
There was some confusion about where the funding for the transport vehicles will be used. Walworth County Auditor Rebecca Krein told the board all transport costs need to be taken from the sheriff’s budget.
Asked why the new vehicle had not been requested at the time the budget was approved, Boll told the board he did not know the jail facility would be closed and therefore more reliable vehicles would be needed.
“I am in kind of a predicament here,” he told the commission. “I’m doing what I can to make this work. I need a little cooperation with transportation for at least a year. There are a lot of unexpected situations occurring right now.”
Commission chair Schilling asked that the lines of communication stay open between Boll and the commission during this time.

In other business the Walworth County Commission:
• Approved eliminating the current jail administrator position with Justin Jungwirth taking on the deputy sheriff position.
• Approved replacing Lyle Perman on the North Central Regional Jail board with Marion Schlomer. Perman asked to be replaced by Schlomer.
• Approved donating surplus food items from the jail to the Walworth county Care Center, the Senior Citizens Centers or the Ministerial Association Thrift Store food bank.
• Approved highway superintendent Gary Byre signing a striping agreement with the Department of Transportation; a cost proposal from KLJ Engineering for a survey of flooded area in the county; and a utility easement with the Java Fire District to permanently place a sewer line in the county right of way.
• Approved having Krein sign the Wellmark Health insurance renewal.
• Certified the election results for the county.

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