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Show Cousrstfy pesss door The Uintah County Commission Monday rescinded a paragraph dealing with the number of persons that can serve from one precinct in the Ashley Valley Water and Sewer District which could open the way for Dennis Mott to qualify for a position on the board. After consultation with legal officials, of-ficials, County Commissioners unanimously struck the paragraph in the bylaws of the AVWSID which says: "it is further provided that no more than two trustees of the District shall be a resident of any one voting district included therein." The Commissioners explained that since in the recent AVWSID election all qualified voters voted at-large that the number of trustees from any district could not be limited to two as formerly stated in the bylaws. Presently the AVWSID board is represented by two members from the Naples precinct, where Dennis Mott resides, which according to the rescinded resolution, would disqualify Mott who received the second most votes in the district election last month. According to David Burningham, legal council for Mott, he and Gayle McKeachnie conversed with Judge David Sam, Fourth Judicial Court, asking for a clarification based on opinion submitted by both attornevs. Judge Sam ordered that Mott be given a certificate of election, and that the district be given seven days (until Monday, Jan. 11) to decide whether they will contest Mott's qualifications to be a trustee. "If the district is serious about seating him (Mott), here is their chance," Burningham commented about the County Commissioners rescinding the paragraph that would disqualify Mott. "They gave Mott 60 days to qualify, and there is no reason now why he doesn't," Burningham added. Burningham said he also questioned , the power of the County Commissioners to put such a stipulation on the district election, and also the constitutionality of the stipulation. The commissioners' action came after several letters were delivered to the county concerning the matter. One letter was written by Larry Hacking, write-in candidate for the AVWSID board, who asked the commissioners com-missioners to rescind the resolution from 1974. He also requests that "you (commissioners) declare the election null and invalid" because of irregularities in the election. Hacking lists improper announcement of the election, candidate notification, registration record inaccurate, and voters turned away at the polls are probably cause to null the election. The AVWSID board of trustees will decide if Mott qualifies to be a trustee at this Wednesday's meeting when Larry Hacking will be sworn in. |