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No Decision Yet Reached on Commissioner Trial
Published
10 months agoon
By
cvannoy
Day two of the Sheridan Republican Committee (SRC) vs Sheridan County Commissioners trial for the handling of the vacancy appointment, to fill the vacancy left when Allen Thompson resigned in July of last year, got underway at 8:30 a.m. on February 14.
Wyoming statute 18-3-523 – Removal from office, states in part that if any county commissioner refuses or neglects without just cause to perform any duties required of him as a member of the board of county commissioners or knowingly commits any act which by law is in violation of his official oath and bond, he shall be removed from office by the governor of the state.
The Sheridan County Republican Party alleges that four of the five Sheridan County Commissioners, Nick Siddle, Lonnie Wright, Christi Haswell and Tom Ringley, failed to do their duty in the August 29 meeting, where they failed to appoint a replacement for Thompson from the list of three nominees provided to them by the Sheridan County Republican Committee.
The judge for the lawsuit is Thomas Sullins, a retired judge from Casper, due to the conflict of interest that might happen with a Sheridan County Judge.
Representing the Republican party were Caleb Wilkins and Jordyn Surber from Cheyenne. Representing the Commissioners are Kara Ellsbury, Khale Lenhart and Jake Vogt of Hirst Applegate, LLP.
Judge Sullins said “It is the purpose of this court find the plaintiff (Sheridan County Republican Committee) met the burden of proof and proves their case and that it should be taken before the Wyoming Governor.”
Commissioner Tom Ringley, who has been on the board for 16 years. When asked what his understanding of the duties of the commissioners were, Ringley said, “We provide services to the people of Sheridan County.”
Jordyn Surber, lawyer for the plaintiffs, asked what Ringley felt were his qualifications for a board member, he felt they should participate in the community such as volunteering; been a member of other boards; be familiar with the budgeting process, and be familiar with the board procedures. He was also asked if the public should have input, and Ringley agreed they should, and he said he had ‘some’ input from community members on the appointment.
Counsel asked Ringley what his understanding was if they did not vote on a candidate from the SRC list. Ringley said Mr. Beaver advised them that they had to select a candidate from the list, or the court would appoint a replacement for Commission Allen Thompson.
When asked if he did his ‘due diligence’ Ringley said, “We all knew what the chairman was doing, and we agreed.”
Commissioner Lonnie Wright took the stand, and when asked what his understanding of a ‘qualified candidate’ was, he said they “Got to have a heartbeat and live in the county.” He admitted the qualified candidates on the Committee’s list met both those qualifications. “It is my duty to find the best person possible for the job,” Wright added. “We, (the commissioners) have the hospital, fairgrounds, sheriff’s office, and do the budgeting.”
Bryan Miller, Sheridan County Republican Committee chairman was sworn in. He said they were bringing the case because the commissioners did not follow the statue.
He said he had been involved with multiple replacements. “I have read over the by-laws and Supreme Court cases, but I am not an attorney.”
He also said that Haswell was the chairman of the PAC formed by Gail Symons and it was “put together to change the character of the Sheridan County Republican Party.” In a proffer to the court, Attorney Caleb Wilkins said, “There was a battle between Miller and Haswell over the control of the party.”
Miller said that the Commissioners sent them a letter before the position was actually vacant, and the proper notification should have been done after the seat was vacated. The attorney also asked Miller if he felt that the commissioners, as composed at the time of the vacancy, were friendly, neutral or hostile towards the SRC.
Miller said that at the time he felt there were no issues. He said that on August 29 it appeared that an executive session was held and they voted in the motion format. He said he was not happy about that.
On August 30, Symons filed a petition to have the court appoint a commissioner.
He added that the SRC is bringing this case because the commissioners did not follow the statute.
In closing arguments, Mr. Wilkins, the counsel for the plaintiffs, said that the word SHALL in the statute is not a suggestion. Haswell knew she had to fill the position, and the word SHALL eliminates personal discretion. “No argument can be made that the commissioners did not know the law,” Wilkins said. He added that they failed to do their duty and should be removed.
Kara Ellsbury, counsel for the defendants, said that commissioners did not refuse or neglect to do their duty, they interviewed the candidates and made a motion on those candidates.
“There is no evidence that the commissioners agreed among each other not to choose a candidate from the list provided.” Ellsbury said. “We ask the court to rule for the commissioners as they were doing their duty,” She concluded.
The judge said he will do his best to make a decision within 30 days. Sheridan Media will keep following up on this story.
Solomon Carrick Morris
February 15, 2024 at 9:33 am
The verdict should be clear. Not Guilty. Then Sheridan County Republicans who brought this frivolous lawsuit should pay all the court costs and attorney fees, then reimburse the county for wages that were wasted while the commissioners were in court and not working for the county.
Lanette Pinkerton
February 15, 2024 at 2:42 pm
100 % true. This is a total waste of time and taxpayers’ money. I believe the republican group intentionally did a dirty and are trying to blame our county commissioners.
Dennis Fox
February 15, 2024 at 10:05 pm
Yes 100% true. The “supposed” Republicans, serving as county commissioners, did “a dirty.” They conspired to fail at selecting one of the three nominees and attempted to “end-run” the law, by throwing it to a Judge. The facts are very clear. All Four commissioners Failed the good people of Sheridan County. They willfully tried to cheat and subvert the clearly described statutory process.
Lanette Pinkerton
February 16, 2024 at 11:21 am
It wasn’t the commissioners that did wrong. The commissioners did not fail Sheridan County.
Dennis Fox
February 15, 2024 at 12:42 pm
The four commissioners Failed to select one of three candidates, nominated by the party. They took one vote and quit! That’s a clear violation of the law and is grossly negligent on their part. It only goes to a court, “If the commissioners ‘Fail” to do their job. It went to a judge so, by definition and legal statute, the Four Failed to do their duty. The statute doesn’t say, “Give it a shot, then quit.”
The statute very clearly states, “Commissioners SHALL select one of the three.”
All Four Failed and all four should be removed. As a minimum, the ringleader of this FAILURE has to go.
Solomon Carrick Morris
February 16, 2024 at 9:10 am
I agree. The ringleader of the Sheridan County Republican Party whom brought this frivolous lawsuit should be removed from office.
This lawsuit is based solely on Republican versus the ultra conservative minority in the Republican Party. This is a problem throughout the state and can been seen even in the State Legislature.
Dennis Fox
February 15, 2024 at 10:18 pm
I think the judge wanted to hear this case, render a quick decision, then go back to a well-deserved retirement. But he couldn’t do that. The mountain of evidence that points to willful disregard for the law was just too overwhelming. Texts clearly demonstrated the commissioners animosity towards the nominees. They, alone are sufficient to convict. Add their own testimony and actions taken and NOT taken, and it’s very clear. All Four commissioners Failed to do their jobs. The law doesn’t allow for commissioner “discretion.” The law says, the commissioners “Shall select from one of the three nominees”. They Failed. And they planned in advance to Fail. Public and private communications bear that out. And then they had the audacity to try to cover up their conspiracy while testifying in court. Yikes, where did respect for the Rule of Law go?
Solomon Carrick Morris
February 16, 2024 at 11:31 am
The respect for the rule of law left when a minority group within the Sheridan County Republican Party wasn’t getting it’s way. LIstening to the case, the unfairly targeted commissioners told the truth and nothing but the truth.
Dennis Fox
February 16, 2024 at 4:38 pm
The vast majority of citizens in Sheridan County are law-abiding, freedom-loving, founding-principle-preserving, Americans. They all want the same things as the more liberal dem’s: a safe place to live, work, raise a family and enjoy Freedom. And “we”, the majority witnessed a blatant arrogance and disregard for the law, by Four Failed commissioners. They had a simple mission: Fill the vacancy on the Board, by following the law and selecting one of the three Party nominees. They Failed to do so, in a transparent attempt to Rig the vote, subvert the Law and have a Judge select one of their liberal cronies, masquerading as a Republican. It’s a clear violation of the Law.
Solomon Carrick Morris
February 17, 2024 at 10:21 am
I will say the freedom caucas ultra right wing of the GOP is going after the commissioners harder than the Democrats are after Trump. So there’s that.
Dennis Fox
February 17, 2024 at 4:49 pm
There’s only one case where a vacancy vote should every need to be decided by a judge. That’s a 3-member Board trying to fill a 1-seat vacancy, where there are 2 voting members AND they split the vote. In all other cases, on every 3, 5 or 7 member boards, even or odd # voting members; when using the right voting procedures, it never has to go to a Judge. It is obvious that our Board deliberately chose to use the wrong procedure, in order to end in a “split-vote.” And the chair effectively abstained completely from voting, ie from doing her JOB. But even then had the board tried another voting method or gone into executive session to discuss and then re-vote, they could have at least had the appearance of doing their due diligence. Instead they made one, half-hearted attempt (using the wrong procedure) and then QUIT. It had the look of a pre-planned conspiracy to FAIL and all Four are responsible for this huge Failure.
They failed to do their job of filling the vacancy…That’s a Fact and must be held to account.
Dennis Fox
February 18, 2024 at 11:14 pm
We will soon find out if we still have a real justice system in Wyoming or not.
Do we abide by the written law or do we allow elected officials to
just rely on “intangibles” like their “feelings” their “gut” or their “conscience.” If so, then we’ve followed the rest of the country down the road to ruin of lawlessness. Will Wyoming become victim of the D.C. two-tiered legal system….or will we stand strong and hold the line for the rule of law and not the rule of whim.
The law clearly states, “commissioners Shall Select one of the three nominees..” They failed to do so.