DELAWARE COUNTY COMMISSIONERS MEETING

October 31, 2011

The Board of County Commissioners of Delaware County, Oklahoma, met in Special Session on October 31, 2011 at 4:15 PM. The meeting was recessed on October 31, 2011 at 4:30 PM. The meeting reconvened in Tulsa at the US Courthouse on November 1, 2011 at 9:30 AM.  Meeting was recessed in the Tulsa US Courthouse on November 1, 2011 after proceedings at  4:15 PM. Meeting was reconvened on November 2nd, 2011 in Jay, OK at the Delaware Co. Courthouse in the Commissioner’s meeting room at 9:00 AM. The meeting was adjourned at 9:10 AM on November 2nd, 2011.  Agenda was posted October 27, 2011 at 4:00 PM on east entrance door and the south west entrance. 

 

Members of the Board present were Commissioner Doug Smith-Chairman, Commissioner Danny Duncan –Member, Commissioner- Billy Cornell-Member.  The Board of Delaware County Commissioners has called to order this meeting of October 31, 2011 and is hereby authorized to take action on the following items:

 

AGENDA #1-A motion was made by Commissioner Duncan and seconded by Commissioner Cornell

to approve the agenda as posted.  Roll call:  Commissioner Smith-yes, Commissioner Duncan – yes, Commissioner Cornell-yes.  Motion carried.

 

AGENDA #2- A motion was made by Commissioner Smith and seconded by Commissioner Duncan upon advice of ADA Lelecas regarding: Sherry England, et al., Plaintiffs v. Sheriff of Delaware County, in his official capacity, United States District Court for the Northern District of Oklahoma, Case No. 09-CV-407-JHP-TLW. Board of Delaware Co. Commissioners to go into Executive Session  for the purpose of confidential communications between the Board of County Commissioners of Delaware County and it’s attorney concerning the federal lawsuit previously referenced. Public disclosure to these confidential communications would be seriously impair the ability of the Board and its attorney to properly process and defend this litigation.  As such, the communications in this Executive Session are confidential. Authority: Title 25 Okla. Statute, Sec. 307Z(B)(4).   Roll call: Commissioner Smith-yes, Commissioner Duncan – yes, Commissioner Cornell-yes.  Motion carried.

 

AGENDA #3- A motion was made by Commissioner Duncan and seconded by Commissioner Cornell to return to open meeting and vote to return to open meeting.  Roll Call: Commissioner Smith-yes,  Commissioner Duncan – yes, Commissioner – Billy Cornell – yes.  Motion carried.

 

AGENDA #4-A motion was made by Commissioner Duncan and seconded by Commissioner Cornell to vote to reconvene Special Meeting in Tulsa, Oklahoma, at the U.S. Courthouse, 333 W. 4th Streeet, before Chief District Judge Claire Eagan on November 1, 2011 at 9:30 AM with the option of voting to at reconvened meeting to return to Executive Session in Tulsa for purposes of a Court ordered Settlement Conference in the litigation matter of: Sherry England, et al., Plaintiffs v. Sheriff of Delaware County, in his official capacity, United States District Court for the Northern District of Oklahoma, Case No. 09-CV-407-JHP-TLW, pursuant to 25 O.S. Sec. 307(B)(4).   Roll call: Commissioner Smith-yes,  Commissioner Duncan – yes, Commissioner- Billy Cornell-yes.  Motion carried.

 

AGENDA #5-A motion was made by Commissioner Cornell  seconded by Commissioner Duncan to

Vote to reconvene Special Meeting in Tulsa, Oklahoma, at the U.S. Courthouse, 333 W. 4th Street, before Chief District Judge Claire Eagan on November 1, 2011 at 9:30 AM (This action took place in Tulsa on November 1, 2011 at 9:30 A.M.)  Roll call: Commissioner Smith-yes,  Commissioner Duncan – yes, Commissioner- Billy Cornell-yes.  Motion carried.

 

 

 

AGENDA #6-A motion was made by Commissioner Duncan and seconded by Commissioner Cornell upon advice of ADA Lelecas  to vote to reconvene Executive Session for the purpose of a Court Ordered Settlement Conference on November 1, 2011 in the litigation matter of:

Sherry England, et al., Plaintiffs v. Sheriff of Delaware County, in his official capacity, United States District Court for the Northern District of Oklahoma, Case No. 09-CV-407-JHP-TLW pursuant to 25 O.S. Section 307(B)(4) (This action took place in Tulsa on November 1, 2011 after reconvened meeting was opened). Those in attendance were: Delaware Co. Dist. Atty.- Eddie Wyant, ADA Nick Lelecas, Judge Claire Eagan, Denny Butler. Also present were attorneys representing Delaware County- Chris Collins, Amber Gooch and Phil Anderson.  Roll call: Commissioner Smith-yes,  Commissioner Duncan – yes, Commissioner- Billy Cornell-yes.  Motion carried.

 

AGENDA #7-A motion was made by Commissioner Cornell and seconded by Commissioner Duncan to return to open meeting and vote to return to open meeting.  (This action took place in Tulsa after Settlement Conference was concluded).  Roll call: Commissioner Smith-yes,  Commissioner Duncan – yes, Commissioner- Billy Cornell-yes.  Motion carried.

 

AGENDA #8- A motion was made by Commissioner Duncan and seconded by Commissioner Cornell  to vote in Tulsa, Oklahoma to reconvene Special Meeting in Jay, Oklahoma at the Delaware Co. Courthouse on November 2, 2011 at 9:00 A.M. (This action took place in Tulsa immediately after coming out of Executive Session). Roll call:  Commissioner Smith-yes,  Commissioner Duncan – yes, Commissioner- Billy Cornell-yes.  Motion carried.

 

AGENDA #9-A motion was made by Commissioner Duncan and seconded by Commissioner Cornell

to vote to reconvene Special Meeting in Jay, Oklahoma at the Delaware County Courthouse on November 2, 2011 at 9:00 A.M. (This action took place in Jay, Ok on November 2, 2011 at 9:00A.M.). Roll Call: Commissioner Smith-yes, Commissioner Duncan-yes, Commissioner- Billy Cornell-yes. Motion carried.

 

AGENDA #10-A motion was made by Commissioner Smith and seconded by Commissioner Cornell to take action regarding the Court Ordered settlement Conference held in Tulsa, Oklahoma on November 1, 2011 in the matter of the litigation of: Sherry England, et al., Plaintiffs v. Sheriff of Delaware County, in his official capacity, United States District Court for the Northern District of Oklahoma, Case No. 09-CV-407-JHP-TLW.  

Upon the recommendation of Chief District Judge Claire Eagan,  the Board of Delaware County  Commissioners of Delaware County agree to settle this lawsuit in the amount of $13.5 million dollars with details of settlement to be finalized.  Roll Call: Commissioner Smith-yes, Commissioner Duncan-yes, Commissioner- Billy Cornell-yes. Motion carried.

 

AGENDA #11-A motion was made by Commissioner Duncan and seconded by Commissioner Cornell to adjourn the meeting at 9:10 AM.  Roll Call: Commissioner Smith-yes, Commissioner Duncan–yes, Commissioner- Billy Cornell-yes.  Motion carried.

 

 

ATTEST:                                                                                                                              

                                                                                DOUG SMITH -Chairman

                                               

CAROL FORTNER                                                                                                           

Delaware County Clerk                                     BILLY CORNELL -Member

                                                               

                                                                                                                                               

                                                                                DANNY DUNCAN -Member