Ashamed of assertion
February 7, 2013
To the Editor:
After attending the Board of Supervisors’ meeting on Tuesday, Feb. 5, I have to state that I am more than a little amazed by the County Attorney’s assertion that if the Board of Supervisors do not follow his outline of the procedures to rescind zoning, then he will not represent the County in any lawsuit arising from their rescinding of zoning. To be sure, a few members of the public and at least one member of the Board of Supervisors expressed some reservations about the rather seemingly awkward and convoluted procedures Mr. Brock had outlined. However, all who spoke about the procedures did so respectfully and did not flat out state that Mr. Brock’s assessment was wrong; rather the speakers presented alternative procedures to rescind zoning by quoting from pertinent Iowa Code to support their positions.
When the Board of Supervisors does rescind the zoning ordinance, there well may be a legal challenge for some yet to be unspecified reason. If there is a challenge, I urge both the Board of Supervisors and Mr. Brock to read Iowa Code 331.756 as it outlines the duties of the County Attorney. As I read the section, nowhere does it mention that the County Attorney gets to take his “bat and ball, sit on the sidelines and pout” simply because the Board of Supervisors used a different set of principles than what Mr. Brock outlined.
Lastly, in my work experiences there were times when my advice was sought but then not followed. And I do not believe that threatening to “hold my breath until I turned blue in the face and passed out” would have been a very useful strategy. Perhaps if Mr. Brock feels his advice as County Attorney is unappreciated, he should just resign.
Harold R. Frakes