author: SANDSTROM, Justice.

text:
    2006 ND 127
    Jerric D. BALLENSKY, Plaintiff and Appellant v. Jan Marie FLATTUM-RIEMERS, M.D., Defendant and Appellee Hazen Memorial Hospital Association, d/b/a Sakakawea Medical Center and Missouri Slope Medical Arts, and Missouri Slope Medical Arts, a partnership of Jan Flattum-Riemers and Roger Kulas, Defendants.
    No. 20050277.
    Supreme Court of North Dakota.
    June 5, 2006.

      Michael Ray Hoffman, Bismarck, N.D., for plaintiff and appellant.
    Michael T. Andrews, Vogel Law Firm, Bismarck, N.D., for defendant and appel-lee.
   SANDSTROM, Justice.

[¶ 1] Jerric D. Ballensky appeals from a summary judgment dismissing his lawsuit against Dr. Jan Flattum-Riemers for damages for breach of the physician-patient privilege. We conclude Ballensky’s failure to file his complaint after one defendant’s demand to file the complaint does not void service of the summons as to other defendants, Ballensky presented sufficient evidence to raise a factual dispute about whether he was damaged by Dr. Flattum-Riemers’ alleged unauthorized disclosure of privileged information, and Ballensky presented sufficient evidence to raise a factual dispute about whether Dr. Flattum-Riemers made a good faith report to a highway patrol officer under N.D.C.C. § 43-17-41(1993). We reverse and remand.

I

[¶ 2] In October 1995, Dr. Flattum-Riemers treated Ballensky for injuries he sustained in a motor vehicle accident in which Ballensky was the driver and Bal-lensky’s friend, a passenger in the vehicle, was killed. The accident occurred when Ballensky’s vehicle inexplicably swerved into the wrong lane of a state highway and collided with an oncoming vehicle. Both Dr. Flattum-Riemers and a highway patrol officer investigating the accident testified in their depositions that they did not believe Ballensky was under the influence of alcohol or drugs at the time of the accident. Dr. Flattum-Riemers nevertheless ordered a drug screen as part of her treatment of Ballensky. Ballensky tested positive for cannabinoids, and Dr. Flat-tum-Riemers provided the results of the drug screen to the highway patrol officer investigating the accident. According to Dr. Flattum-Riemers, she also told the officer the decedent’s family was interested in the results, and she told the family that they needed to talk to the officer. The State ultimately charged Ballensky with manslaughter, and he subsequently pled guilty to negligent homicide.

[¶ 3] In a complaint dated October 16, 1997, and served on Dr. Flattum-Riemers on October 18, 1997, Ballensky alleged Dr. Flattum-Riemers breached the physician-patient privilege by informing the highway patrol officer on October 17, 1995, that Ballensky “had tested positive for the presence of marijuana in his urine.” Bal-lensky alleged the highway patrol officer was investigating the motor vehicle accident and the information provided by Dr. Flattum-Riemers to the officer was used against Ballensky in the criminal prosecution for negligent homicide. He claimed Dr. Flattum-Riemers’ actions injured him physically and emotionally and he suffered economic and noneconomic damages under N.D.C.C. § 32-03.2-04.

[¶ 4] Ballensky’s complaint also named Hazen Memorial Hospital Association, doing business as Sakakawea Medical Center, as a defendant. In November 2000, Hazen Memorial Hospital served Ballen-sky with a demand to file the complaint, which informed Ballensky if the complaint was not filed within 20 days, the summons was void under N.D.R.Civ.P. 4(c)(3). According to Ballensky, he decided not to pursue his lawsuit against Hazen Memorial Hospital, and he did not file his complaint until February 2004. In April 2004, Bal-lensky voluntarily dismissed his lawsuit against Hazen Memorial Hospital.

[¶ 5] The district court subsequently granted Dr. Flattum-Riemers’ motion for summary judgment, concluding (1) Ballen-sky’s lawsuit was barred by the two-year statute of limitations for medical malpractice actions because the summons and complaint were served on Dr. Flattum-Riemers one day after the statute of limitations had run, and (2) Ballensky failed to state a cause of action upon which relief could be granted because any damage incurred by him resulted from his own conduct in pleading guilty to negligent homicide.

[¶ 6] The district court had jurisdiction under N.D. Const, art. VI, § 8, and N.D.C.C. § 27-05-06. The appeal is timely under N.D.R.App.P. 4(a). This Court has jurisdiction under N.D. Const, art. VI, §§ 2 and 6, and N.D.C.C. § 28-27-01.

II

[¶ 7] We consider the issues raised in this appeal in the posture of summary judgment, which is a procedural device for the prompt resolution of a controversy on the merits without a trial if there are no genuine issues of material fact or inferences that reasonably can be drawn from the undisputed facts, or if the only issues to be resolved are questions of law. Johnson v. Nodak Mut. Ins. Co., 2005 ND 112, ¶ 9, 699 N.W.2d 45. A party moving for summary judgment must show there are no genuine issues of material fact and the case is appropriate for judgment as a matter of law. Green v. Mid Dakota Clinic, 2004 ND 12, ¶ 5, 673 N.W.2d 257. On appeal, we view the evidence in the light most favorable to the opposing party, and that party must be given the benefit of all favorable inferences. Hurt v. Freeland, 1999 ND 12, ¶ 7, 589 N.W.2d 551. Whether a district court properly granted summary judgment is a question of law that we review de novo on the entire record. Johnson, at ¶ 9.

Ill

[¶ 8] On appeal, Ballensky argues the district court erred in granting summary judgment under the two-year statute of limitations for medical malpractice actions in N.D.C.C. § 28-01-18(3), because his action is not a medical malpractice action. He argues that even if his action is characterized as a medical malpractice action, it was commenced within the two-year period in N.D.C.C. § 28-01-18(3), because the sheriff for Mercer County received the summons and complaint on October 16, 1997. Ballensky asserts he complied with N.D.C.C. § 28-01-38(1), which provides that an action is commenced when the summons, with intent that it actually shall be served, is delivered to the sheriff of the county in which the defendant resides. See Long v. Jaszczak, 2004 ND 194, ¶ 11, 688 N.W.2d 173 (an action begins when summons is delivered to the sheriff). In her appellate brief to this Court, Dr. Flat-tum-Riemers admitted the district court overlooked that Ballensky had delivered process to the sheriff, and during oral argument, Dr. Flattum-Riemers conceded the court erred in concluding Ballensky’s lawsuit was not commenced within the applicable statute of limitations.

[¶ 9] Relying on Howes v. Kelly Services, Inc., 2002 ND 131, 649 N.W.2d 218, Dr. Flattum-Riemers nevertheless argues Ballensky’s service of the summons on her became void under N.D.R.Civ.P. 4(c)(3), because Ballensky did not file his complaint within twenty days after Hazen Memorial Hospital’s November 2000 service on him of a demand to file the complaint. In Howes, at ¶ 12, the plaintiff sued three separate defendants for negligence. Two defendants separately answered and demanded a nine-person jury. Id. The third defendant, Kelly Services, answered but did not demand a jury trial. Id. Before trial, the other two defendants were dismissed from the lawsuit. Id. This Court held Kelly Services was entitled to rely on the other two defendants’ demand for a nine-person jury. Id. at ¶ 16. Dr. Flattum-Riemers argues Howes controls this case, and she is entitled to rely upon her co-defendant’s demand to file a complaint. She argues she relied on Hazen Memorial Hospital’s demand, and because Ballensky undisputedly failed to file the complaint within twenty days of that demand under N.D.R.Civ.P. 4(c)(3), the service of the summons on her became void and Ballensky’s claims are now time barred under any applicable statute of limitations.

[¶ 10] Ballensky argues service of process is personal, and although his service on Hazen Memorial Hospital became void, his service on Dr. Flattum-Riemers did not become void when he failed to file the complaint within twenty days after Hazen Memorial Hospital’s demand. He argues the demand under N.D.R.Civ.P. 4(c)(3) was not made by Dr. Flattum-Riemers, and the summons did not become void as to her, but became void only as to Hazen Memorial Hospital. Ballensky argues Howes is distinguishable because it involved a demand for a jury trial and not a demand to file a complaint. He claims federal authority on jury requests and the applicable North Dakota rule both provide that once a request for a jury trial has been made, it may not be withdrawn without consent of the “parties.”

[¶ 11] We agree with Ballensky that Howes is not controlling. A jury demand by one party governs the trial of the entire action and may not be withdrawn under N.D.R.Civ.P. 38(e) without consent of the “parties.” See Howes, 2002 ND 131, ¶ 16, 649 N.W.2d 218. A demand to file a complaint under N.D.R.Civ.P. 4(c)(3) relates to service of a summons upon a defendant, and if a plaintiff does not file a complaint within twenty days after service of the demand, service of the summons is void. Under our procedural rules, a demand to file a complaint is personal to the demanding defendant, and the fact a summons may be void as to one defendant does not void service of the summons as to other defendants. We conclude Ballen-sky’s failure to file the complaint within twenty days after the demand by Hazen Memorial Hospital does not affect his claims against Dr. Flattum-Riemers.

IY

[¶ 12] Ballensky argues the district court erred in granting summary judgment because damages are a question of fact. He argues he presented sufficient evidence to the district court to preclude summary judgment on damages, including evidence of emotional distress, embarrassment, and humiliation. He contends he lost his best friend in an automobile accident in which he was the driver and Dr. Flattum-Riemers’ unauthorized release of privileged medical information provided an unwarranted explanation for the cause of the accident. Dr. Flattum-Riemers responds the district court properly granted her motion for summary judgment because no reasonable juror could conclude she caused Ballensky any harm. She argues the undisputed facts establish the results of the drug screen were not used against Ballensky in the criminal prosecution.

[¶ 13] Under N.D.C.C. § 32-03.2-04, damages in a civil tort action may be awarded by the trier of fact as compensation for economic and noneconomic damages. See Albrecht v. Metro Area Ambulance, 2001 ND 61, ¶ 11, 623 N.W.2d 367 (award of economic damages is not a prerequisite to award of noneconomic damages for pain and suffering and similar injury). Noneconomic damages include damages arising from pain, suffering, inconvenience, mental anguish, emotional distress, humiliation, and other nonpecuni-ary damage. N.D.C.C. § 32-03.2-04. See Albrecht, at ¶ 11. A tort victim need not establish economic damages as a prerequisite to an award of noneconomic damages. Albrecht, at ¶¶ 11, 14. A trier of fact may consider wounded feelings, mental suffering, humiliation, degradation, and disgrace in deciding whether to award damages under N.D.C.C. § 32-03.2-04. Blessum v. Shelver, 1997 ND 152, ¶ 38, 567 N.W.2d 844. A determination of damages generally involves a question of fact. Valley Honey Co. v. Graves, 2003 ND 125, ¶ 21, 666 N.W.2d 453; Volk v. Wisconsin Mortgage Assurance Co., 474 N.W.2d 40, 44 (N.D.1991).

[¶ 14] According to Ballensky, he was going hunting with his friend on the day of the accident, and he had not been drinking alcohol or using marijuana. Ballensky testified in his deposition he did not recall how the accident happened, but he and the decedent were “horsing around, but [he did not] remember how.” Ballensky presented evidence to the district court that indicated marijuana could have been in his system for up to two weeks before the accident, he displayed no visible signs of impairment when Dr. Flattum-Riemers examined him, both Dr. Flattum-Riemers and the investigating officer did not believe Ballensky was under the influence of alcohol or drugs when the accident occurred, the results of the drug screen prompted the charges against him, and there would have been no charges against him if Dr. Flattum-Riemers had not disclosed the privileged information to the investigating officer. According to Dr. Flattum-Riemers, she told the investigating officer the decedent’s family was interested in the results of the drug test and she told the family that they needed to talk to the officer.

[¶ 15] Ballensky testified in his deposition:

Q.What other losses have you suffered or do you claim to have suffered?
A. Emotional distress, people looking down on me; basically embarrassment.
Q.What kind of emotional distress have you suffered, do you believe, as a result of having to plead guilty to the negligent homicide?
A. What do I believe? I believe that I have to live with the fact that everyone looks down on me for the rest of my life. The whole town talks of me. It makes me look bad because they think that I was using drugs at the time of the accident. It just don’t look good on my part.
Q. Okay. So the emotional distress is primarily related to the people looking down on you in the community?
A. Yes.
Q. And when you say community, you’re talking about what community?
A. Beulah.
Q. Has anyone in Beulah come up to you personally or made comments to you about your actions — you know, when you say looking down on you?
A. There’s been comments about a lot of people saying stuff; not only to me, to my parents, to my family.
Q. What comments have you heard that you believe, you know, caused people or you to believe that people are looking down on you?
A. What comments have I heard?
Q. Right.
A. Well, I’ve heard plenty about the whole accident situation, how they believe what happened and how it was all my fault; and — I don’t know, just basic stuff about the accident, I guess.
Q. Is there anything else you can think about, comments made, specific comments, that tend to lead you to believe that you’re being looked down upon, other than what you’ve just stated?
A. I hear about it all the time from my own friends, from my — I just — I just hear about it.
Q. What do your friends tell you?
A. They just talk about what happened, and the whole town knows about it. They all look at me funny. They all say that I’m a bad kid because of what happened, and I hear it from my friends because their parents tell them about me and about what happened in my accident.

[¶ 16] We conclude the evidence presented by Ballensky to the district court, viewed in the light most favorable to him, was sufficient to create a factual issue whether he suffered damages because of Dr. Flattum-Riemers’ alleged unauthorized disclosure of privileged information. We therefore conclude the district court erred in granting summary judgment on this issue.

V

[¶ 17] Dr. Flattum-Riemers nevertheless argues Ballensky failed to proffer the requisite expert opinion under N.D.C.C. § 28-01-46 for his lawsuit, which she asserts clearly sounds in medical malpractice. Dr. Flattum-Riemers claims Ballensky failed to meet his burden of demonstrating a prima facie case of medical negligence. Ballensky responds the applicable standard of care is established by law and a violation of that standard is established by the facts of this case.

[¶ 18] Courts have generally recognized a patient’s right to recover damages from a physician for the unauthorized disclosure of medical information about the patient. See Tehven v. Job Serv., 488 N.W.2d 48, 51 (N.D.1992) (affirming denial of unemployment compensation benefits to hospital employee who was terminated for violating hospital’s confidentiality policy). See generally Judy E. Zelin, Annotation, Physician’s Tort Liability for Unauthorized Disclosure of Confidential Information About Patient, 48 A.L.R.4th 668, § 2 (1986); 61 Am.Jur.2d Physicians, Surgeons, and Other Healers § 144 (2002). In Tehven, at 51, this Court said, “Courts have generally recognized a patient’s right to recover damages from a physician for unauthorized disclosure of medical information as an invasion of privacy, a breach of the physician-patient confidential relationship, a violation of statute, or breach of the fiduciary relationship between a physician and a patient.” Rule 503, N.D.R.Ev., establishes an evidentiary privilege that authorizes a patient to prevent any person from disclosing confidential communications made for the purpose of diagnosis or treatment. See State v. Schroeder, 524 N.W.2d 837, 840-42 (N.D.1994) (construing communications).

[¶ 19] In a lawsuit for professional negligence, N.D.C.C. § 28-01-46 generally requires a plaintiff to serve on the defendant an affidavit containing an admissible expert opinion supporting a prima facie case of professional negligence unless the plaintiffs claim fits within one of the statutory exceptions. See Larsen v. Zarrett, 498 N.W.2d 191, 192 (N.D.1993) (expert testimony not necessary to establish breach of duty so egregious that a layperson is capable of comprehending its enormity). The issue in this case is whether that statute applies to Ballensky’s claim for breach of the doctor-patient privilege and, if so, whether one of the exceptions in that statute applies to his claim. The district court did not decide this issue, and on this record and without benefit of a district court ruling, we decline to address that issue.

VI

[¶ 20] Dr. Flattum-Riemers also argues she is immune from liability under N.D.C.C. § 43-17-41 (1993) for her report to the highway patrol officer.

[¶ 21] Section 43-17-41, N.D.C.C. (1993), authorizes physicians to report certain information to a sheriff or state’s attorney. At the time of Dr. Flattum-Riem-ers’ 1995 report to the highway patrol officer, the statute, which was initially enacted in 1977 N.D. Sess. Laws ch. 403, § 1, and remained unchanged until 2001, provided:

1. Any physician or other medical or mental health professional, who has under his charge or care or performs any professional services for any person suffering from any wound, injury, or other physical trauma inflicted by his own act or by the act of another by means of a knife, gun, or pistol, or which he has reasonable cause to suspect was inflicted in violation of any criminal law of this state, shall as soon as practicable report the same to the sheriff or state’s attorney of the county in which such care was rendered. The report must state the name of the injured person, if known, his whereabouts, and the character and extent of his injuries.
2. The reports mandated by this section must be made as soon as practicable and may be either oral or in writing. Oral reports must be followed by written reports within forty-eight hours if so requested by the sheriff or state’s attorney to whom the oral report is originally made.
3. Any person required to report as provided by this section who willfully fails to do so is guilty of an infraction.
4. Any person making a report in good faith pursuant to this section is immune from liability for making said report.

[¶ 22] Statutory interpretation is a question of law, fully reviewable on appeal. GO Comm. ex rel Hale v. City of Minot, 2005 ND 136, ¶ 9, 701 N.W.2d 865. The primary objective in interpreting a statute is 'to determine the legislature’s intent. Amerada Hess Corp. v. State ex rel. Tax Comm’r, 2005 ND 155, ¶ 12, 704 N.W.2d 8. Words in a statute are given their plain, ordinary, and commonly understood meaning, unless defined by statute or unless a contrary intention plainly appears. N.D.C.C. § 1-02-02. Statutes are construed as a whole and are harmonized to give meaning to related provisions. N.D.C.C. § 1-02-07. If the language of a statute is clear and unambiguous, “the letter of [the statute] is not to be disregarded under the pretext of pursuing its spirit.” N.D.C.C. § 1-02-05. The language of a statute must be interpreted in context and according to the rules of grammar, giving meaning and effect to every word, phrase, and sentence. N.D.C.C. §§ 1-02-03 and 1-02-38(2). We presume the legislature did not intend an unreasonable result or unjust consequences. N.D.C.C. § 1-02-38(3). We construe statutes to give effect to all of their provisions, so that no part of the statute is rendered inoperative or superfluous. N.D.C.C. § 1-02-38(2) and (4). A statute is ambiguous if it is susceptible to different, rational meanings. Amerada, at ¶ 12. If the language of a statute is ambiguous or doubtful in meaning, a court may consider extrinsic aids to determine legislative intent. N.D.C.C. § 1-02-39.

[¶ 23] The unambiguous language of N.D.C.C. § 43-17-41(1) (1993) required “[a]ny physician ... who ... performs any professional services for any person suffering from any wound, injury, or other physical trauma ... which [the physician] has reasonable cause to suspect was inflicted in violation of any criminal law of this state” to “as soon as practicable report the same to the sheriff or state’s attorney of the county in which such care was rendered.” That statute provided the report may be oral or in writing and must state the name of the injured person, his whereabouts, and the character and extent of his injuries. N.D.C.C. § 43-17-41(1) and (2) (1993). That statute also granted immunity from liability to any person making a report in good faith. N.D.C.C. § 43-17-41(4) (1993).

[¶ 24] We construe that statutory language to provide a physician with immunity from liability for making a good faith report when the physician has treated a person for any wound, injury, or physical trauma and has reasonable cause to suspect the wound, injury, or physical trauma was inflicted in violation of any criminal law of this state. The plain language of that statute authorizes the physician to make a report when the physician has reasonable cause to suspect an injury was inflicted in violation of any criminal law of the state and does not exclude motor vehicle accidents that may involve criminal violations.

[¶ 25] Our interpretation is consistent with a 1988 attorney general’s opinion that construed N.D.C.C. § 43-17-41 (1993) to authorize a physician to report injuries or physical trauma received by an intoxicated driver as a result of a motor vehicle accident if the physician has reasonable cause to suspect the injuries or physical trauma were inflicted in violation of any criminal law of this state. N.D. Op. Atty. Gen. 1988-2. The attorney general’s opinion concluded the intent of the statute was to require physicians to report all injuries that were, or may have been, suffered as a result of a criminal act to permit law enforcement authorities to immediately begin an investigation to determine the cause and circumstances surrounding the infliction of the injuries or physical trauma. Id. The attorney general’s opinion explains that to the extent it conflicts with a June 20, 1977, attorney general’s opinion, which was issued before N.D.C.C. § 43-17-41 (1993) became effective, the 1988 opinion should be followed. N.D. Op. Atty. Gen. 1988-2.

[¶ 26] Formal opinions of the attorney general are entitled to respect, and courts should follow them if they are persuasive. Roe v. Doe, 2002 ND 136, ¶ 12, 649 N.W.2d 566. Although not binding on courts, an attorney general’s opinion nevertheless has an important bearing on the construction and interpretation of a statute. Edinger v. Governing Auth. of Stutsman County Corr. Ctr., 2005 ND 79, ¶ 13, 695 N.W.2d 447. The 1988 attorney general’s opinion construing N.D.C.C. § 43-17-41 (1993) is persuasive and consistent with the principle that we construe privileges narrowly because they are in degradation of the search for the truth. Trinity Med. Ctr. v. Holum, 544 N.W.2d 148, 152 (N.D.1996); Schroeder, 524 N.W.2d at 840. We conclude N.D.C.C. § 43-17-41 (1993) provides a physician with immunity from liability for making a good faith report that the physician treated a person for an injury sustained in an automobile accident if the physician has reasonable cause to suspect the injury was inflicted in violation of any criminal law of this state, including driving under the influence of illegal drugs.

[¶ 27] Under N.D.C.C. § 1-01-21, good faith means “an honest intention to abstain from taking any unconscientious advantage of another even through the forms or technicalities of law, together with an absence of all information or belief of facts which would render the transaction unconscientious.” Good faith is generally a question of fact. See Heng v. Rotech Med. Corp. and PSI Healthcare, Inc., 2004 ND 204, ¶ 26, 688 N.W.2d 389; Diocese of Bismarck Trust v. Ramada, Inc., 553 N.W.2d 760, 769 (N.D.1996); Belfield Educ. Ass’n v. Belfield Pub. Sch. Dist., 496 N.W.2d 12, 14 (N.D.1993).

[¶ 28] Here, both Dr. Flattum-Riemers and the investigating officer testified in their depositions that they did not believe Ballensky was under the influence of alcohol or drugs when the accident occurred. There was also evidence that marijuana may remain in a person’s system for up to two weeks after use. On this record and viewing the evidence in the light most favorable to Ballensky, we decline Dr. Flattum-Riemers’ invitation to rule, as a matter of law, her report to the investigating officer was made in good faith and she is immune from liability under N.D.C.C. § 43-17-41 (1993). Whether Dr. Flattum-Riemers’ report was made in good faith is a question of fact not suitable for summary judgment.

VII

[¶ 29] We reverse the judgment and remand for proceedings consistent with this opinion.

[¶ 30] GERALD W. VANDE WALLE, C.J., ZANE ANDERSON, D.J, DANIEL J. CROTHERS and MARY MUEHLEN MARING, JJ., concur.

[¶ 31] The Honorable ZANE ANDERSON, D.J., sitting in place of KAPSNER, J., disqualified.

      . In 2001, the legislature amended N.D.C.C. § 43-17-41. See 2001 N.D. Sess. Laws ch. 379, § 1. The 2001 amendments essentially renumbered the subsections and added a new subsection with language about reports of domestic violence and reports of injuries from a sexual offense, but did not substantively change the language at issue in this case.


source: Caselaw Access Project

author: KONENKAMP, Justice.

license: Public Domain

text:
    2006 SD 46
    Jason D. KRUKOW, Petitioner and Appellant, v. SOUTH DAKOTA BOARD OF PARDONS AND PAROLES, Respondent and Appellee.
    No. 23853.
    Supreme Court of South Dakota.
    Considered on Briefs April 24, 2006.
    Decided May 17, 2006.
    Rehearing Denied June 13, 2006.

      Steven R. Binger of Binger Law Office, Sioux Falls, South Dakota, Attorney for petitioner and appellant.
    Lawrence E. Long, Attorney General, John M. Strohman, Assistant Attorney General, Pierre, South Dakota, Attorneys for respondent and appellee.
   KONENKAMP, Justice.

[¶ 1.] For his conviction on grand theft, petitioner was sentenced to ten years in the penitentiary, with nine .years and six months suspended on the condition of good behavior. More than five years after he was released on his suspended sentence, petitioner breached the terms of his release. His suspended sentence was revoked by the Board of Pardons and Paroles. The Board also denied him credit for the time he spent on release, imposing the entire suspended sentence. Petitioner claims that the Board had no jurisdiction to suspend his sentence and was not empowered to deny him credit for the time spent while he was released under supervision. We conclude that the Board had both the jurisdiction and the power to act as it did.

Background

[¶ 2.] Petitioner, Jason D. Krukow, pleaded guilty to grand theft in October 1998. He was sentenced on, November 10, 1998, to ten years in prison, with all but six months suspended. His sentence was to run concurrently with a penitentiary sentence he was currently serving in Minnesota. Upon commencement of his suspended sentence, the court required Krukow to “execute and deliver to the South Dakota Board of Pardons and Paroles ... such Suspended Sentence Agreement, Parole Agreement, or other Supervision Agreement, as the Board may deem necessary, appropriate, or advisable for [his] supervision ... and which agreements may thereafter be modified as the Board may determine necessary, appropriate, or advisable.”

[¶ 3.] According to Krakow's prison records, on March 8, 1999, he was released on parole. On May 10, 1999, he was released under his suspended sentence. By the terms of his supervision agreement, the Board was empowered to supervise him under SDCL 23A-27-19. In the event he violated his agreement, the Board could revoke the suspended portion of his sentence. The agreement also provided that he “may not be given credit for time spent on the suspended sentence.”

[¶ 4.] On August 10, 2004, Krukow was charged in Minnesota with two felony-counts of receiving stolen property. The next day his urinalysis proved positive and he admitted to having used marijuana and methamphetamine. Accordingly, the South Dakota authorities were notified. South Dakota Parole Services issued a violation report, and Krukow was returned to South Dakota.

[¶ 5.] In its notice of hearing, the Board alleged that Krukow violated his agreement to “obey all Municipal, County, State and Federal Laws” and “not purchase, possess or use marijuana, hallucinatory drugs, narcotics, controlled substances, mood altering drug/chemicals or drug paraphernalia.” At the Board hearing, Krukow, who was represented by counsel, entered pleas of “no contest” to the allegations. The Board concluded that he violated the terms of his supervision agreement and revoked the suspended portion of his ten-year sentence. The Board further denied Krukow credit for his time while on release on his suspended sentence.

[¶ 6.] Krukow appealed the Board’s decision to the circuit court on the grounds that the Board had no jurisdiction to revoke his suspended sentence and no power to deny him credit for his “street time.” The circuit court affirmed the Board’s decision in all respects. On appeal to this Court, Krukow advances the same argument.

Analysis and Decision

[¶ 7.] Although our standard of review under SDCL 1-26-37 remains deferential to factual findings, Krukow is challenging the Board’s legal authority; therefore, our review in this case is de novo. Wendell v. S.D. Dept. of Transp., 1998 SD 130, ¶ 5, 587 N.W.2d 595, 597; see also Boehrns v. S.D. Bd. of Pardons & Paroles, 2005 SD 49, ¶ 5, 697 N.W.2d 11, 12-13.

1. Jurisdiction

[¶ 8.] Krukow does not dispute that he violated the conditions of his supervision agreement. Instead, he contends that he was not under the Board’s jurisdiction at the time the violations occurred. According to Krukow, his November 1998 judgment does not explicitly state how long he was to remain on supervised release, and thus the Board did not have the power to revoke his suspended sentence nearly six years after he was sentenced. The Board, on the other hand, claims that a plain reading of Krukow’s sentence demonstrates that the sentencing court “expected the suspended sentence to last nine years and six months.”

[¶ 9.] At his revocation hearing, Krukow did not challenge the Board’s jurisdiction to impose the remainder of his suspended sentence. However, we will consider the issue because questions of jurisdiction can be raised and considered at any time. Wells v. Wells, 2005 SD 67, ¶ 11, 698 N.W.2d 504, 507 (citing Reaser v. Reaser, 2004 SD 116, ¶ 27, 688 N.W.2d 429, 437 (citations omitted)). While Krukow is correct that the trial court’s sentence does not explicitly state the time Krukow will be subject to the Board’s supervision, he cites no authority for the conclusion that absent such a provision the Board has no jurisdiction. Nevertheless, he insists that this Court cannot assume that the sentencing court meant to place Krukow on supervision for the entire time of his suspended sentence.

[¶ 10.] Once a defendant is released on a suspended sentence, the Board has the “responsibility for enforcing the conditions imposed by the sentencing judge, and the [Bjoard retains jurisdiction to revoke the suspended portion of the sentence for violation of the terms of suspension.” SDCL 23A-27-19. Krukow was sentenced to ten years. Then, on the condition that he adhere to certain terms, the court suspended the execution of nine years and six months of his sentence. While the court could have stated in its sentence that Krukow was to remain under the Board’s supervision for less than the suspended nine years and six months, the court was not required to do so. See State v. Macy, 403 N.W.2d 743, 744-46 (S.D.1987). Unless otherwise provided, the length of supervision and the suspended sentence were coterminous. Despite the fact that Krukow had been on supervised release for over five years, he was still under the supervision of the Board at the time he violated the conditions of his suspended sentence. Therefore, the Board had jurisdiction to revoke the suspended portion of his sentence.

2. Denial of Credit for Time on Supervised Release

[¶ 11.] At the hearing where the Board revoked Krakow's suspended sentence, it also decided to deny him credit for the entire time he was on supervised release. Krukow claims, first, that the Board was not vested with the power to deny him credit for his “street time” and, second, that if the statute is construed to give the Board such power, then denying him credit for this time violated his right against double jeopardy.

[¶ 12.] Resolution of this issue depends on our interpretation of the statutes governing revocation of parole and suspended sentences.

The primary purpose of statutory construction is to determine the intent of the law. See Moss v. Guttormson, 1996 SD 76, ¶ 10, 551 N.W.2d 14, 17. “[Statutes must be construed according to their intent, the intent must be determined from the statute as a whole, as well as enactments relating to the same subject.” See id. (quoting U.S. West Communications, Inc. v. Public Utilities Comm’n., 505 N.W.2d 115, 122-23 (S.D.1993)). “But, in construing statutes together it is presumed that the legislature did not intend an absurd or unreasonable result.” Id.

State v. Barton, 2001 SD 52, ¶ 8, 625 N.W.2d 275, 278; see also Brim v. S.D. Bd. of Pardons & Paroles, 1997 SD 48, ¶ 4, 563 N.W.2d 812, 813. From the language of the statutes, Krukow argues that when the Board revoked his suspended sentence under SDCL 23A-27-19, it did not have the power under SDCL 24-15A-28 to deny him credit for time spent on release. That statute provides:

If the board is satisfied that any provision of § 24-15A-27 has been violated, it may revoke the parole and reinstate the terms of the original sentence and conviction or it may modify conditions of parole and restore parole status. In addition, the board may order the denial of credit for time served on parole. If the board does not find that the provisions of § 24-15A-27 have been violated, the board may restore the parolee to the original or modified terms and conditions of the parolee’s parole.

SDCL 24-15A-28 (emphasis added).

[¶ 13.]By the plain language of this statute, it only governs denial of credit for time served on parole, not time served on a suspended sentence. Krukow argues that only SDCL ch. 23A-27 vests the Board with certain powers over those released under a suspended sentence. He claims that nothing in SDCL ch. 23A-27 can be interpreted to grant the Board the power to deny him credit for his release time. Because the Board’s jurisdiction over Krukow exists only in SDCL 23A-27-19, he contends that the word “parole” in SDCL 24-15A-28 cannot be interpreted to include persons released under a suspended sentence.

[¶ 14.] In its appellate brief, the Board dedicates most of its argument to this Court’s past cases, where we discussed the relationship between a suspended sentence and parole. See Turo v. Solem, 427 N.W.2d 843 (S.D.1988); State v. Oban, 372 N.W.2d 125 (S.D.1985); State v. Huftile, 367 N.W.2d 193 (S.D.1985). In those cases, we concluded that “[sjuspend-ed sentences and paroles are alike in practice” because “[b]oth involve the release of an offender from the penitentiary prior to expiration of the full term of the offender’s sentence.” Turo, 427 N.W.2d at 845-46 (citing Oban, 372 N.W.2d at 127-28); see also Huftile, 367 N.W.2d at 195-96. Like persons released on parole, those who leave the penitentiary under a suspended sentence, are “under the supervision of the executive branch of government.” Turo, 427 N.W.2d at 845 (citing Oban, 372 N.W.2d at 130); see also Grajczyk v. S.D. Bd. of Pardons & Paroles, 1999 SD 149, ¶ 7, 603 N.W.2d 508, 510.

[¶ 15.] Contrary to the Board’s argument, the cases it cites interpret statutes no longer in effect. After July 1, 1996, the Legislature enacted SDCL ch. 24-15A, which replaced the majority of the statutes in SDCL ch. 24-15. Language declaring similarities between a suspended sentence and parole derived from this Court’s interpretation of SDCL 24-15-14 in conjunction with SDCL 23A-27-19. Huftile, 367 N.W.2d at 195-96. The support for the comparison was that SDCL 24-15-14, like SDCL 23A-27-19, placed persons released under a suspended sentence under the supervision of the Board. Id. The cases that followed Huftile similarly held that the Board’s power over those released on a suspended sentence stemmed both from SDCL ch. 24-15 and SDCL 23A-27-19. See Turo, 427 N.W.2d at 845; Oban, 372 N.W.2d at 127-28.

[¶ 16.] Because Krukow was sentenced after July 1, 1996, SDCL ch. 24-15 does not apply to him, and our earlier cases are inapplicable here. See SDCL 24-15A-1. Nonetheless, based on the entirety of the statutes governing release on parole and suspended sentence, we conclude that the Board has discretion to deny credit for time spent on release to persons who violate their supervision conditions during the term of their suspended sentences. First, under SDCL 23A-27-19, the Board is “charged with the responsibility for enforcing the conditions imposed by the sentencing judge, and the [B]oard retains jurisdiction to revoke the suspended portion of the sentence for violation of the terms of the suspension.” Second, under SDCL 24-15A-8, the Board is empowered to grant persons serving a suspended sentence an early release from supervision.

[¶ 17.] By including those released under a suspended sentence within the purview of SDCL 24-15A-8, found in the chapter governing adult parole, we conclude that the Legislature intended to grant the Board discretion in deciding who receives credit for time spent on release. The power to grant early release includes the power to deny such release. To read these statutes as Krukow would have us do could result in allowing those released on a suspended sentence to evade supervision and defy their release terms, and yet still receive credit for time served while they were in violation of their conditions. We do not believe that the Legislature intended such an interpretation of its enactments. See Moeller v. Weber, 2004 SD 110, ¶ 46, 689 N.W.2d 1, 16.

[¶ 18.] Krukow next claims that if this Court interprets our statutes to allow the Board to deny him credit for his time while free on his suspended sentence, then applying that statutory interpretation to him would violate his double jeopardy rights. Specifically, he contends that because this statutory interpretation did not exist before, applying the decision to him violates his legitimate expectation that the laws meant what they said when he was sentenced. Because the laws governing sentences applicable to Krukow came into effect in 1996, and he was not sentenced until 1998, his argument is without merit.

[¶ 19.] Affirmed.

[1120.] GILBERTSON, Chief Justice, and SABERS, ZINTER, and MEIERHENRY, Justices, concur.

      . SDCL 23A-27-19 states, in relevant part, that
      [a]ny person whose sentence is suspended pursuant to this section is under the supervision of the Board of Pardons and Paroles. ... The [BJoard is charged with the responsibility for enforcing the conditions imposed by the sentencing judge, and the [BJoard retains jurisdiction to revoke the suspended portion of the sentence for violation of the terms of the suspension.

      . SDCL 24-15A-8, states, in part, that the Board has the power to "grant an early final discharge from supervision for a parolee or person serving a suspended sentence under supervision of the [BJoard if the [BJoard is satisfied that an early final discharge would be in the best interests of society and the inmate." (Emphasis added).


author: WIGGINS, Justice.

text:
    Charles A. STREAM and Diane B. McMahan, Appellees, v. Greg GORDY, Willie Van Weelden, and Lawrence Rouw, as Mahaska County Board of Supervisors, Appellants.
    No. 04-2013.
    Supreme Court of Iowa.
    June 23, 2006.

      Carlton G. Salmons of Gaudineer, Confi-to & George, L.L.P., West Des Moines, for appellants.
    Garold F. Heslinga of Heslinga, Heslin-ga, Dixon & Moore, Oskaloosa, for appel-lees.
   WIGGINS, Justice.

In this case, we must decide whether the district court was correct when it found the county supervisors acted illegally by refusing to provide full-time compensation and benefits to an employee shared between the county attorney’s and the assessor’s offices. We must also decide whether the county is responsible for the legal fees of the county attorney’s and the assessor’s outside counsel. Because the members of the board of supervisors were exercising a legislative function at the time they disapproved the full-time compensation and benefits for the shared employee, a writ of certiorari will not lie against them. Additionally, the county is not responsible for the legal fees of the county attorney’s and the assessor’s outside counsel because the county attorney and the assessor failed to obtain authorization from their respective boards prior to retaining outside counsel. Accordingly, we reverse the judgment of the district court and remand the case for entry of judgment consistent with this opinion.

I. Background Facts and Proceedings.

Charles Stream, the Mahaska County attorney, shared a full-time employee with the sheriffs office, splitting the employee’s time, salary, and benefits. When that employee left Stream’s office, he decided to fill the vacancy in the same manner. In January 2003, Stream informed the Ma-haska County board of supervisors (Board) of his intention to do so at its meeting regarding his budget for fiscal year 2003-04. This budget included $11,000 for the county attorney’s share of the employee’s full-time salary as well as one-half the cost of family benefits for the employee. Stream then hired Carrie Ferguson to fill the part-time secretary vacancy in his office on February 1, paying her $9 an hour. At the time of Ferguson’s hire, Stream told her that if she worked well he would attempt to make her position full-time by having her work part-time in another county office. Stream did not tell Ferguson the employee-sharing arrangement was contingent on approval by the Board. Instead, he told her the Board had already approved such an arrangement.

As he had done in the. past, Stream sought the Board’s approval for his hiring of Ferguson. The Board approved her hire at $9 an hour with no benefits. In March, the Board approved and certified Stream’s budget for fiscal year 2003-04. In April, Stream became aware of a part-time clerk opening in the county assessor’s office. He approached Diane McMahan, the Mahaska County assessor, about hiring Ferguson for that position. Stream and McMahan agreed to share Ferguson as an employee and to split equally the costs of her $22,000 salary and benefits.

Although McMahan’s office was not required to obtain the Board’s approval for the hiring of Ferguson, Stream and McMahan jointly wrote a letter on May 23 to the Mahaska County auditor, with a copy to the Board, notifying the auditor of their arrangement so she could place Ferguson on the payroll at the higher rate of pay with benefits effective June 1. Around this time, McMahan also notified the Ma-haska County conference board of this arrangement as a matter of courtesy. The assessor has the authority to hire office personnel subject to the budget limitations imposed by the conference board. Iowa Code §§ 441.13, 441.16 (2003).

On May 27, after Stream had appeared at a meeting of the Board where he criticized the Board’s lack of communication as to changes in the health insurance program, the Board met with Stream and McMahan to discuss the employee-sharing arrangement. Stream justified the arrangement by claiming it would establish a longer-term employee and avoid potential turnover as a part-time position.

On June 2, the Board again discussed the employee-sharing arrangement, focusing on its costs. Supervisors Lawrence Rouw and Greg Gordy voted not to approve the employee-sharing arrangement while supervisor Willie Van Weelden voted for it. Accordingly, the auditor could not place Ferguson on the payroll as a joint employee of the county attorney and the assessor for the $22,000 salary plus benefits.

Stream learned of the Board’s decision the next day. Stream went to his office, did some quick research, and contacted outside counsel. Without seeking Board approval, Stream hired outside counsel that day. He then asked McMahan if she wanted to join him in pursuing an action against the supervisors over their refusal to confirm the employee-sharing arrangement. She agreed to join in the lawsuit and to share the costs of hiring outside counsel from their respective budgets.

Stream and McMahan filed a petition in certiorari challenging the Board’s decision not to approve the employee-sharing arrangement. They named the individual supervisors of the Board as defendants. The district court issued the writ of certio-rari. The supervisors filed a return to the writ, an answer, and a counterclaim asserting McMahan and Stream did not have the authority to commence the action against the supervisors, retain outside counsel, or pay for such counsel. The supervisors also sought a declaratory judgment asking the court to find Stream and McMahan personally liable for the attorney fees in this case.

The district court entered a ruling partially sustaining the supervisors’ motion for summary judgment and dismissed McMahan’s claims because, as assessor, she had independent statutory authority to hire and pay Ferguson, which was not subject to Board approval. The supervisors’ motion for summary judgment as to Stream, however, was overruled by the court because a genuine issue of material fact existed as to whether the supervisors’ action was arbitrary, capricious, or for illegitimate reasons.

The case proceeded to trial. The district court ruled in favor of Stream finding the supervisors’ failure to approve the employee-sharing arrangement with full-time compensation and benefits was illegal. The court also ruled the county attorney and the assessor acted legally when they retained outside counsel and ordered the county to pay Stream’s outside counsel’s legal fees.

II. Issues.

In this appeal, we must determine: (1) whether the supervisors were exercising a judicial or legislative function when they made their decision not to approve the employee-sharing arrangement; (2) whether the county should pay outside counsel’s legal fees; and (3) whether Stream and McMahan are personally liable for outside counsel’s attorney fees.

III. Scope of Review.

“A writ of certiorari lies where an inferior tribunal, board, or official, exercising judicial functions, has exceeded its proper jurisdiction or otherwise acted illegally.” Waddell v. Brooke, 684 N.W.2d 185, 189 (Iowa 2004). In such an action, the person seeking the writ has the burden of proof. Id. Review of a certiorari proceeding is for correction of errors at law. Id. at 190.

Likewise, “ ‘[a] declaratory judgment action tried at law limits our review to correction of errors at law. We are bound by well-supported findings of fact, but are not bound by the legal conclusions of the district court.’ ” IMT Ins. Co. v. Crestmoor Golf Club, 702 N.W.2d 492, 495 (Iowa 2005) (citations omitted).

IV. Analysis and Discussion.

Stream brought this certiorari action against Gordy, Van Weelden, and Rouw in their capacity as supervisors for Mahaska County claiming their action was “arbitrary, capricious, and an attempt to control an autonomous county office” when they voted to disapprove Stream’s employee-sharing arrangement with the assessor’s office. A writ of certiorari will not lie against the supervisors if they were exercising a legislative function at the time they refused to confirm the employee-sharing arrangement. See Iowa R. Civ. P. 1.1401 (stating “[a] writ of certiorari shall only be granted when specifically authorized by statute; or where an inferior tribunal, board or officer, exercising judicial functions, is alleged to have exceeded proper jurisdiction or otherwise acted illegally” (emphasis added)). In a certiorari proceeding, the nature of the act performed determines whether that act was legislative or judicial. Gates v. City Council of Bloomfield, 243 Iowa 1, 9-10, 50 N.W.2d 578, 583 (1951).

The general assembly gave the supervisors the authority to “determine the compensation of extra help and clerks appointed by the principal county officers.” Iowa Code § 331.904(4). Generally, it is a legislative function to fix the terms and conditions of public employment. State Bd. of Regents v. United Packing House Food & Allied Workers, 175 N.W.2d 110, 113-14 (Iowa 1970). Additionally, “[t]he appropriation of money is essentially a legislative function under our scheme of government,” and inherent in that power “is the power to specify how the money shall be spent.” Welden v. Ray, 229 N.W.2d 706, 709-10 (Iowa 1975).

The general assembly vested the power of the county with the supervisors. Iowa Code § 331.301(2). It gave them the authority to determine the compensation of the extra help and clerks appointed by the principal officers of the county in order to avoid the turmoil that would result if each individual county office was allowed to dictate to the supervisors the amount of money the supervisors should appropriate to that office for its staffs compensation levels. In order to ensure the supervisors properly fund all aspects of county government, the supervisors must strike a balance between the public needs of each county agency and the limited financial resources available to the county. We must leave the interdependent political, social, and economic judgments necessary to allocating the county’s limited financial resources among the various county agencies to the supervisors and not to the individual county officials. In making these allocations, the supervisors are responsible for setting the priorities of the county and weighing the needs of the agencies against those priorities. When making these decisions, the supervisors are exercising their legislative function.

At the time the supervisors voted to disapprove the county attorney’s employee-sharing arrangement, they were doing nothing more than making a legislative determination vested in them by the general assembly that they would not spend any more of the county funds in salary or benefits for a position they previously authorized at a lower pay level with no benefits. Accordingly, under the facts of this case, the supervisors were exercising a legislative function when they refused to confirm the county attorney’s employee-sharing arrangement. Therefore, a writ of certiorari will not lie to review the supervisors’ action in not approving the employee-sharing arrangement between the county attorney and the assessor.

This conclusion does not mean the supervisors’ actions are beyond the reach of the people they were elected to serve. The supervisors’ decisions are subject to review by the electorate at the next election. Under the separation-of-powers doctrine, “electoral control [is] an important restraint on legislative conduct.” Teague v. Mosley, 552 N.W.2d 646, 650 (Iowa 1996).

The supervisors also appeal the district court’s decision allowing the county attorney and the assessor to pay their outside counsel’s legal fees from their budgets. The county attorney contends he had a budget line item of $250 for outside legal counsel. He incurred $267.50 for his half of outside counsel’s first bill and $4949.90 at the time of trial. The county attorney further claims he had unexpended funds in the amount of $13,827.15 in his budget to pay outside counsel. The assessor contends she had a budget line item of $28,000 for attorney fees, specifically designated for hiring outside counsel in property tax assessment appeals, and $2000 for legal services.

Counsel for the supervisors instructed the auditor not to pay claims for attorney fees incurred by the county attorney, but the parties stipulated that outside counsel would receive payment for McMahan’s half of the fees. The parties further agreed, however, the county could get this amount back if the supervisors prevailed on their counterclaim.

The Code provides:

The board [of supervisors] may appoint an attorney to act as county attorney in a civil proceeding if the county attorney and all assistant county attorneys are disqualified because of a conflict of interest from performing duties and conducting official business.

Iowa Code § 331.754(4). The Code further provides:

In the case of counties, the county attorney shall represent the assessor and board of review in all litigation dealing with assessments. Any taxing body interested in the taxes received from such assessments may be represented by an attorney and shall be required to appear by attorney upon written request of the assessor to the presiding officer of any such taxing body. The conference board may employ special counsel to assist the city legal department or county attorney as the case may be.

Id. § 441.41. These statutes give the authority to the board of supervisors to hire outside counsel for the county attorney and to the conference board to hire outside counsel for the assessor. Under these statutes, the county attorney and the assessor were required to seek authorization from their respective boards prior to obtaining outside counsel. See Tatlock & Wilson v. Louisa County, 46 Iowa 138, 139 (1877) (stating “[w]hile it may be the duty of the district attorney to appear for and defend actions brought against a county, this by no means gives him authority to employ additional counsel, much less would his acceptance of the services of attorneys who might appear in the cause bind the county”). Their failure to do so precludes them from requiring the county to pay outside counsel’s legal fees. See Smith v. Bd. of Supervisors, 320 N.W.2d 589, 593 (Iowa 1982) (holding the legal fees of outside counsel hired by county officials without board authorization were not payable by the county because attorney fees are generally not permitted in the absence of a statute or an agreement by the party to be charged and there is no inherent power of the court to make such an allowance).

In the alternative, the county attorney argues he could pay outside counsel’s legal fees from the unexpended funds in Ms budget. Generally, once the supervisors approve and appropriate the county attorney’s budget, the county attorney can reallocate his appropriation within his office so long as the expenditures he authorizes are within his budget limits and for legitimate purposes. See Iowa Code § 331.437 (limiting a county official’s expenditures to the amount appropriated by the board of supervisors). Once a budget is approved, however, the supervisors continue to exercise an oversight function by virtue of their power of approval over the payment of expenditures made on behalf of the county. See id. § 331.401(l)(p) (stating the board of supervisors shall “[e]xam-ine and settle all accounts of the receipts and expenditures of the county and all claims against the county, except as otherwise provided by state law”); Iowa Code § 331.506(l)(a) (stating “the auditor shall prepare and sign a county warrant only after issuance of the warrant has been approved by the board [of supervisors] by recorded vote”). Clearly, the expenses for outside counsel’s legal fees were not authorized by the officials’ respective boards. If under these circumstances we were to allow payment of these fees from other funds within the officers’ respective budgets, we would make the authorization provisions of sections 331.754(4) and 441.41 a nullity. Thus, the county attorney’s unauthorized expenditures for outside counsel’s legal fees are not payable by the county.

Finally, the supervisors seek to hold the county attorney and the assessor personally liable for outside- counsel’s legal fees. The question of personal liability is an issue for outside counsel, the county attorney, and the assessor. The record presents no such controversy between those parties. Consequently, there is no justiciable controversy and we will not issue an advisory opinion on the matter. See Hartford-Carlisle Sav. Bank v. Shivers, 566 N.W.2d 877, 884 (Iowa 1997) (stating “[t]his court has repeatedly held that it neither has a duty nor the authority to render advisory opinions”).

V. Disposition.

We hold a writ of certiorari will not lie to review the action of the supervisors in refusing to fund the employee-sharing arrangement between the county attorney and the assessor for the reason that when the supervisors acted to disapprove payment they were exercising a legislative function. Additionally, the county is not responsible for the legal fees of outside counsel retained by the county attorney and the assessor because the county attorney and the assessor failed to obtain the proper authorization from their respective boards prior to obtaining outside counsel. Thus, we reverse the judgment of the district court and remand the case for entry of judgment consistent with this opinion.

REVERSED AND CASE REMANDED WITH DIRECTIONS.