December 13, 2007 Special Meeting

A special meeting of the Ward County Commissioners to discuss guardianship/conservatorship files formerly handled by the Ward County Public Administrator was called to order by Chairman Erickson at 8:05 am with Comms. Fjeldahl, Watne and Lee present. Comm. Gruenberg was absent. Also present were Auditor/Treasurer Devra Smestad; State’s Attorney John Van Grinsven; Assistant State's Attorney Tim Wilhelm; and Social Services Director Dan Richter.

 

Richter appeared to inform the Board that he had received a court order which appointed him as temporary guardian/conservator for indigent incapacitated persons receiving services from Ward County Public Administrator Mark Westereng for a period of 90 days beginning December 16, 2007. Also appearing for comment were Van Grinsven and Wilhelm.

 

At 8:52 a.m. Comm. Lee left the meeting.

 

At 8:53 a.m. Comm. Lee returned to the meeting.

 

After much discussion, Comm. Watne requested to continue the meeting at a later time with Judge McLees and Mark Westereng and left at 9:04 a.m. for an appointment.

 

At 9:05 a.m. the Board recessed.

 

At 9:07 a.m. the Board reconvened with all members except Comm. Gruenberg present.

 

At 9:09 a.m. the Board recessed until 11:00 a.m.

 

At 11:00 a.m. the Board reconvened with all Commissioners present except Comm. Gruenberg.

 

Appearing for comment were Judge William McLees and Public Administrator Mark Westereng. After much discussion it was moved by Comm. Lee, seconded by Comm. Fjeldahl to move into executive session under authority of NDCC 44-04-19.1 and NDCC 44-04-19.2 for the purpose of discussing Ward County’s legal options if the Board refused the court order appointing Dan Richter as temporary guardian/conservator for indigent incapacitated persons receiving services from the Ward County Public Administrator. Roll call: Comms. Lee, Fjeldahl and Erickson voted yes, Comm. Watne voted no; motion carried.

 

At 11:56 a.m. the Board moved into executive session.

 

At 12:23 p.m. the Board reconvened in regular session with all Commissioners present except Comm. Gruenberg.

 

Chairman Erickson informed the audience that the Board had convened in executive session to discuss a court order appointing Dan Richter as guardian/conservator for indigent incapacitated persons receiving services from Ward County Public Administrator and that no action was taken during executive session.

 

It was then moved by Comm. Watne, seconded by Comm. Fjeldahl to meet with Westereng to discuss and re-negotiate a contract. Comm. Fjeldahl moved an amended motion to meet with Westereng to discuss a 60 day continuation of the current contract at the rate of his current contract. Amended motion died for lack of a second. Roll call on the original motion: Comms. Watne and Erickson voted yes, Comms. Fjeldahl and Lee voted no. Chairman ruled the motion failed.

 

After further discussion it was moved by Comm. Fjeldahl, seconded by Comm. Watne to request a meeting with Westereng about continuing the Public Administrator contract for 90 days. After further discussion Comm. Watne withdrew her second and motion failed for lack of a second.

 

Moved by Comm. Erickson, seconded by Comm. Watne to re-negotiate a four year contract with Westereng with a one-year salary review. Roll call: Comms. Erickson, Watne and Fjeldahl voted yes; Comm. Lee voted no; motion carried.

 

It was then moved by Comm. Erickson, seconded by Comm. Watne to offer Westereng $1,000 per month to be re-negotiated after one year. Roll call: Comms. Erickson and Watne voted yes, Comms. Fjeldahl and Lee voted no; Chairman ruled the motion failed.

 

Comm. Lee then moved to offer Westereng a monthly salary of $950. Motion died for lack of a second.

 

With Westereng present it was moved by Comm. Watne, seconded by Comm. Erickson to request the District Court to appoint Mark Westereng as Ward County Public Administrator at a rate of $1,000 per month with compensation being reviewed annually. Roll call: Comms. Watne, Erickson and Lee voted yes, Comm. Fjeldahl voted no; motion carried.

 

It was then moved by Comm. Watne, seconded by Comm. Fjeldahl to authorize the Chairman’s signature on a new contract with Westereng and to authorize the salary to be paid out of the Commissioner’s contingency fund. Roll call: all voted yes; motion carried.

 

At 1:04 p.m. it was moved by Comm. Watne to adjourn. Motion carried with all present voting yes.

 

APPROVED THE 18^th DAY OF DECEMBER, 2007

 

s/Carroll W Erickson, Chairman
Ward County Board of Commissioners

 

ATTEST:

s/Devra Smestad, Auditor/Treasurer

Ward County