BOA agenda 070918 - Laserfiche WebLink

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allowing thesubpoenas to be issued. Without the subpoenas and information, there are remaining 438 questions to be answered. Herposition is to allow the subpoenas to be issued. 439 440 Karen Barrows asked Randy Herman to expresshis thoughts.Randy Herman said he thinks it is legitimate 441 to ask whether the entitythat owned the propertywas issued the certificate. He does notthink the rest is 442 within the scopeof this board.He does not think it is within the scope of this board to look behind the 443 Department of Revenue’s decision. So, if it is possible to rewrite the request to limit the subpoenas only to 444 the issues of identity, he would be in favor of that. He deferred to the county attorney on whether or not the 445 board can do that. 446 447 Susan Halkiotis said she had a related question. LeAnnBrown mentioned questions about thequalifying 448 financial information to gain one of the farm tax exemptions. Susan Halkiotis does not know how that is 449 unraveled when the question of the entities is resolved. Ifinformation was given to acquire a certificate and 450 that certificate was then used to base adecision on, and the certificate should nothave beenissued, then 451 the whole thing falls apart. 452 453 Randy Herman said even if theoretically in another case fraudulent information was provided to obtain the 454 certificate, he does notthink the countycan look behind it. Hethinksthe only question this boardcan look 455 at is whether the entity issued the certificate was the one that owned the property.His opinion is that the 456 board does not have the power to look at whether the Departmentof Revenue miscalculated the revenue. 457 458 Barry Katz said this is the kind of information that the boardneedsto know and would be argued before us 459 at the next hearing we have with these parties. He then said he was not sure whether Randy Herman is a 460 lawyerand giving a legal opinion. He is in favor of issuing the subpoenas and that LeAnn Brown and her 461 party have a legitimate right to have this information. 462 463 Randy Herman said he is an attorney, but there is no case lawthat he is aware of on the interpretation of 464 these statutes.His opinion is based on what he thinks is a straightforward reading of the statutes. 465 466 Karen Barrows said she agrees withSusan Halkiotis and BarryKatzthat the boardshould allow the 467 subpoenas to go forward, for the reasons they have stated. 468 469 MOTION by Barry Katztoissues the subpoenas.Seconded by Susan Halkiotis. 470 471 VOTE:3-1(RANDY HERMANFOR REASONS PREVIOUSLY STATED) 472 473 Karen Barrows called for a vote to adjourn. 474 475 Michael Harvey said that before adjournment the board needed to set the date for the next hearingon this 476 case, with guidance from James Bryan. 477 478 There was agreement to give LeAnn Brown time to recover from surgery. 479 480 LeAnn Brown requested that the date that the documents requested in the subpoenas be submitted to the 481 board be before the next hearing on this case so that she would have time to prepare. Andy Petesch 482 objected to providing the documents in advance of the hearing, explaining that he believes he and his 483 clients would be obligatedto produce the documents at a hearing and not before. Randy Herman agreed 484 with that interpretation. 485 486 26