The Sequoyah County Commissioners' attorney, Nathan Young III of Tahlequah, spoke to the Sequoyah County Excise Board about the commissioners' protest of the county budget at the excise board's regular meeting Monday, and told the board that the commissioners will be seeking a solution to the county budget controversy in court.

Young said after the meeting that the county commissioners want to protest the budget because of the irregularities in the way it was handled including attaching the county commissioners' signatures to a budget that they did not submit or approve, which was then sent to the state auditor.

"There's little doubt that this is fraud," Young said.

The excise board told Young that they did not have an attorney for the public hearing that the commissioners asked for in their budget protest, but they were going to ask the attorney general's office for representation. The excise board decided to schedule the hearing for Monday, but excise board members said they did not know if they would have an attorney at that time.

Young told the excise board that he would be filing an action on behalf of the commissioners this week.

Dan Shamblin, excise board chairman, told Young that at $50 a meeting he was not a criminal no matter what Young said in every newspaper. Young told Shamblin that he never called him a criminal. Shamblin said that Young brought up fraud concerning the budget protest, and Shamblin said according to the definition of fraud that he and his wife looked up, what the excise board did was not fraud.

"If it's not fraud, we'll have to find out," Young said. "We will file some action in the next few days."

He said the commissioners also want to protest the fact that the excise board did not comply with budget procedures because they did not fund the jail authority.

Young said the commissioners could not wait on filing legal action until the excise board has an attorney.

"Time is of the essence for us," Young said.

District 3 County Commissioner Cleon Harrell said his assumption is that the county is currently operating from the budget approved by the excise board.

Young said the excise board was not prepared for the hearing Monday, and that was why it was rescheduled.

"We're going to resolve this issue once and for all," Young said. "Other matters will come up other than the budget and those will be matters concerning the operation of the (county) clerk's office and the operation of the sheriff's office."

Young said the budget issues have to be resolved soon before it is time for a new budget for the next fiscal year.

"It is unique with me when they've been presented with the fact that the county commissioners' signatures are attached to a budget that they didn't submit," Young said. "They didn't seem to care.

"We just want this to move along and get this resolved as soon as possible."

The commissioners announced Wednesday morning they will hold a special meeting at 10:30 a.m. Friday to discuss possible legal action against the excise board and "appropriate county officials."