Minutes April 29, 2008
Wabasha County Board of Commissioners
Meeting of April 29, 2008
The Board of County Commissioners of Wabasha County, Minnesota, convened in Special Session at the Wabasha County Services Building, in the City of Wabasha, Minnesota on Tuesday, April 29, 2008 at 9:15 a.m.
The meeting was called to order by Board Chairman Riester. The following Commissioners were present: Windhorst, Dwelle, McNallan, and Riester. Springer was absent.
McNALLAN - WINDHORST
Motion to approve the agenda.
Adopted Unanimously
No action taken on the Wabasha County Policy and Procedure Manual. Will be completed at May 6 meeting. Below are some notes from this special meeting from Assistant Wabasha County Attorney Lisa Bayley:
1) #102 Employment Processing—Do Department Heads have to ask for permission to advertise for empty positions (when they are already budgeted)? Option One: DH can advertise without permission but must (as they do now) come the Board for permission to hire the winning candidate; Option Two: DH must request permission to advertise; Option Three: DH can advertise without permission but must request Board permission to interview, and then again to hire once the winning candidate is identified.
2) #301 Donation of Leave to Other County Employees. Does the Board want this policy?
3) Application of This Policy to Certain Public Health Employees: The Board needs to decide the issue presented in my earlier memo regarding whether those certain public health employees who are currently under the Goodhue-Wabasha policy will have their benefits reduced.
Other questions:
4) Use of Take Home Vehicles: I was asked to locate the statutory authority for the Sheriff to decide where to leave law enforcement vehicles during off-hours. I believe that the authority contained in Minn. Stat. §387.03 Sheriff: Powers, Duties, covers this. It says:
“The sheriff shall keep and preserve the peace of the county, for which purpose the sheriff may require the aid of such persons or power of the county as the sheriff deems necessary. The sheriff shall also pursue and apprehend all felons, execute all processes, writs, precepts, and orders issued or made by lawful authority and to the sheriff delivered, attend upon the terms of the district court, and perform all of the duties pertaining to the office…”
This statute has been interpreted broadly to allow the sheriff to determine how he “keeps and preserves the peace of the county.” There is one statutory provision Minn. Stat. 387.29, Subd. 2 Sheriff: Motor Vehicle which says that the county board may provide the necessary motor vehicles for the sheriff to carry out his duties, but there is no provision for the county board to direct the sheriff how his to do so.
5) The other policies which were amended during our meeting have now been revised and you will be provided with a clean copy at the meeting. Break – 12:16 p.m. Reconvened – 12:30
McNALLAN - DWELLE
Motion to close the meeting for personnel issue.
Adopted Unanimously
DWELLE – WINDHORST
Motion to re-open meeting.
Adopted Unanimously
DWELLE - WINDHORST
Motion to adjourn.
Adopted Unanimously
 

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