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Attorney Vitunac confirmed that the 13 people have to be hired even though they are not trained adequately. Chairman Scurlock noted that this would mean we can't open the jail until these people are on staff, and if that is so, he felt it is time we took a little stronger position with the D.O.C. We can't even hire these people, and would we rather have some uncertified people operating the jail, or would it be preferable to keep a 4 million dollar complex closed and prisoners out on the street. That doesn't make any sense, and the Chairman felt it is time to say we will make a commitment to hire the required people as soon as we can. but if we can't, we are going to open the jail with what we have got and go ahead and sue us. Commissioner Eggert's question was whether we have no choice but to provide the funds to hire these people whether the people are on board or not, and Chairman Scurlock believed the only choice we have would be to disagree with their estimate of staffing totally. He noted that the requirement for thirteen additional staff is an administrative ruling. There is no federal or state statute that spells out this number; it is the D.O.C.'s interpretation of the manning level that is adequate to keep your liability under control. Commissioner Eggert asked if there is adequate staff hired at this moment to open the new jail. Captain Reese advised that, according to Chapter 33-8 of the D.O.C. statutes which he has to follow, there is not, and the D.O.C. will not issue a certificate of occupancy for that facility. Attorney Vitunac cautioned the Board that while they can be belligerent with the D.O.C., the D.O.C. could file an injunction to close the jail down, and he just wished the Board to be aware that they stand at this risk. Chairman Scurlock felt what we need is some reasonableness about this whole situation, and possibly we could have a program MAR 1 1988 49 BOOK 71 PAGE 147