With the 30-day timeline now expired, a temporary board will fill the vacant Commissioner position.
During an afternoon Administration Workshop, Legal Counsel Wally Hicks told the Board of Commissioners that when schedules with the other elected officials lined up, he recommended a meeting of the temporary board, without the Commissioners inclusion.
Commissioner Chris Barnett had given Hicks a memorandum, and argued there was a quorum present, notwithstanding a commissioner's recusal. He said a recusal doesn't eliminate quorum nor divest the remaining commissioner of any authority.
Commissioner Ron Smith disagreed, arguing there isn't anything to strip him of his discretionary rights, and that there's no point in having an elected official if they don't have said rights. Hicks said, regarding the vacancy filling, the safest route to take would be when the second vacancy occurs.
Earlier in the workshop, Hicks provided updates on court cases, but said he was "conflicted out" of Ronald L. Lamb vs. Ron A. Smith, regarding Smith's participation in recent meetings. The Commissioner said he has legal representation "in the works." Hicks drafted a response to the Complaint of an Illegal Meeting December 18, 2025, and the board authorized him to reply on their behalf.
In Josephine County vs. Stephen Eric Fitch, a petition for injunctive relief, it's alleged that conduct violating the law has occurred against one of the commissioners. The case is pending.
In 2 Guys 1 Truck LLC, Konnor Kirkpatrick vs. Josephine County et al, the court signed an alternative writ of mandamus requiring the county to process, sign, or deliver a $68,145 check, or show cause why the act hasn't been performed by January 15th. Counsel's recommendation was to dismiss the mandamus.
