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Fr - <br />SUN 2 ® 1986 BOOK 6, 4 F 772 <br />matters, and Commissioner Bird stated that he would vote to <br />relinquish control of the jail to the Sheriff as soon as he is <br />willing to accept it. <br />COMMISSIONERS LYONS AND BOWMAN AGREED TO REWORD THEIR <br />MOTION to allow for transition of the detention system <br />to the Sheriff as soon as he is willing to accept it. <br />THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on <br />and carried unanimously. <br />DISCUSSION RE LIABILITY IN FIRE DISTRICTS <br />The Board of County Commissioners recessed temporarily and <br />reconvened acting as the District Board of Fire Commissioners of <br />both the North and South County Districts. <br />Commissioner Lyons wished to know if we are covered in both <br />Fire Districts from the standpoint of personal liability, and <br />Chairman Scurlock advised that we are not but he believed a while <br />back we voted to indemnify ourselves as the County Commission. <br />Attorney Vitunac clarified that the Board members cannot be <br />sued individually; they would have to be sued in the name of the <br />county unless it is alleged that one acted beyond the scope of <br />his duty and did something malicious or criminal, and in that <br />case the county wouldn't defend them anyway. <br />Commissioner Lyons asked what happens if you are not guilty <br />but you go through a lot of money defending yourself, and <br />Attorney Vitunac stated that the county would defend the <br />Commissioner unless it looked on the face of it as if the other <br />side has stated a good case against him - then he would have to <br />defend himself. If the Commissioner wins, the County pays him <br />back, but if he loses, it is his own expense. <br />Commissioner Bird asked if the Board is at any more risk. <br />sitting as the South County Board of Fire Commissioners than as <br />the Board of County Commissioners, and Attorney Vitunac advised <br />10 <br />