×

Webster County attorney vote must be re-done

Crimmins: Vote was taken past statutory deadline

The vote appointing the new Webster County attorney will have to be redone in order to comply with publication requirements, according to attorney Mark Crimmins.

The supervisors have announced the appointment will be held on Tuesday, at their next regular meeting.

First Assistant County Attorney Ryan Baldridge had been made county attorney by a vote on Feb. 13, replacing Jennifer Benson who resigned in January.

When someone is appointed to fill what is usually an elected government position, Iowa code requires the board to publish a notice in a newspaper not less than four and not more than 20 days before the date of the hearing, Crimmins said.

The publication was made after Jan. 9. The plan was to appoint an attorney at the Jan. 30 meeting, Crimmins said.

Instead, the attorney was appointed on Feb. 13.

“So that 20 days had expired,” Crimmins said.

After this discrepancy was brought to the supervisors’ attention, they came to Crimmins for legal advice, he said.

“Out of probably an abundance of caution, I’ve advised them to rescind the appointment,” Crimmins said. “Because I think if someone raises the issue — it has been brought to their attention. Now that they’re aware of it they want to make sure the proper notice has been given out.”

Crimmins said the supervisors asked him for legal advice, rather than asking one of the assistant county attorneys, to avoid “even the appearance” of a conflict of interest, whether or not such a conflict would exist.

Crimmins is the city attorney for Fort Dodge, as well as a private practice attorney.

The supervisors met in closed session with three candidates for county attorney on Jan. 30. A week later, on Feb. 6, they voted 4-1 to offer the position to Boone County Attorney Dan Kolacia. After Kolacia turned down the position, they voted to appoint Baldridge on Feb. 13.

When a vacancy appears in this sort of elected office, Iowa Code allows for either the board to appiont someone or to hold a special election. The attorney will be up for re-election in November.

A special election could still be held if enough people sign a petition calling for one. Webster County Auditor Doreen Pliner said 1,743 signatures would be needed on the petition, within 14 days from when the supervisors officially make the appointment.

Newsletter

Today's breaking news and more in your inbox

I'm interested in (please check all that apply)
Are you a paying subscriber to the newspaper? *

Starting at $4.62/week.

Subscribe Today