Observations all along the line - Kimball & the Southern Panhandle First

Wilson gets go ahead for deputy attorney

Continuing discussion about hiring a deputy county attorney to assist Kimball County Attorney David Wilson with his daily appointments was heard at the regularly scheduled Kimball County Commissioner’s meeting, Nov. 3.

The item has come before the board previously and ongoing discussion reveals that the funds for the deputy attorney would come from the budget set aside for Wilson as the county attorney. Additionally, hiring for the position on a contract basis instead of hiring the prospective deputy as a county employee is a cost-saving measure that ensures the county would not be responsible for insurance premiums or other benefits.

Wilson brought Jonathon Stellar’s name to the board as a possibility. Stellar presently works as a deputy county attorney for Cheyenne County in Sidney, Nebraska.

“To be a contracted deputy attorney, he (Stellar) had some concerns of possible liability issues that he could face with not being an employee. An employee of the county, he would be covered with the county’s insurance that I get through the National District Attorney’s Association. He didn’t know if it would be worthwhile to get his own malpractice insurance, considering what he would be paying in taxes and then you add another $1,500 (per year) for insurance. He really is not making anything,” Wilson said.

Wilson explained to the board that his interest in hiring Stellar as a deputy attorney was due to his experience as a deputy county attorney in Cheyenne County, and the fact that he is also familiar with both the local judges and attorneys.

“I like to know what the county is paying for,” expressed Commissioner Nolting, “whether it’s an employee or a contract. If we are set on a contract, then we need to know what that contract is going to cover and what it’s going to cost us. If we have more than one option, then we should entertain those options.”

County Clerk, Cathy Sibal shared with the board that there were a couple of interested parties that called her confidentially in regards to the meeting’s agenda item on the hiring for a deputy county attorney for Kimball county. “I explained to both that Dave had someone in mind.”

“When we talked about this during the budgeting process about contracting a deputy attorney,” questioned Nolting, “do we have to advertise for that need?”

“Not if it’s a private contract,” stated Audrey Elliott, attorney for the commissioners. “It’s for a professional, specific purpose. So, you don’t have to advertise, you can hire.”

“If I’m the guy who is doing the hiring; then I want that other guy. Is that wrong?” questioned Chairman Engstrom to Wilson, “You are the one hiring, right?”

“Right,” responded Wilson, “but, I think I still have to do it with your consent.”

“It’s a timing issue,” expressed Engstrom, “because we have $15,000 set aside and he hasn’t anybody on board now. So, as you go through the fiscal year – you still have $15,000.”

“You might be able to do it this year,” explains Elliott, “if he (Stellar) starts Dec. 1, then direct him that he could use the extra for his malpractice insurance and then look at it again when you can budget next year.”

After further board discussion, Nolting stated that he felt the county attorney had been delayed long enough on the issue and made the motion to allow Wilson to contract Stellar as Kimball’s new deputy county attorney. Commissioner Anderson-Faden seconded the motion and the motion carried.

 
 
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