News
First Day of Testimony underway at County Commissioner Trial
Published
10 months agoon
By
cvannoy
The first day of testimony at the trial between the Sheridan County Republican Party and four of the five Sheridan County Commissioners for the handling of the vacancy appointment, to fill the vacancy left when Allen Thompson resigned in July of last year got underway at 9 a.m. on Feb. 13.
Wyoming statue 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 are 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 Party) met the burden of proof and proves their case and that it should be taken before the Wyoming Governor.”
Kara Ellsbury said that the Commissioners acted with discretion when they did not vote on the nominees put forth by the Republican committee. “they cannot be removed for exercising discreation.”
She added that the commissioners had a duty to fill the open position in a certain amount of time, and they considered the party’s nominees but ultimately choose their own nominee, Holly Jennings. “They didn’t refuse the parties nominees, they used their own discretion.”
Wilkins first called Nick Siddle to the witness stand, and Wilkins main topic, for which the judge occasionally told him to focus more on the lawsuit, was whether or not the commissioners refused to abide by the state statue that dealt with the appointment of a new commissioner. Siddle said that this was something that they had never had to deal with before, and they did the act according to statue.
Wilkins also talked about the fact that there were political differences between the ‘moderate’ republicans and the more ‘conservative’ Sheridan County Republican party.
When Ellsbury objected as to the relevance of the question, Wilkins said, “I am trying to show that they did not vote on the three candidates due to political differences.” He introduced several text messages between Siddle and other commissioners, saying he was not excited about the Party giving them a list of candidates, but at the time he did not know which candidates would be put forth.
Several emails, letters and phone texts were introduced to the judge, and there was correspondence between Siddle and Jerimiah Rieman, Wyoming County Commissioners Association’s Executive Director, and between Siddle and Chuck Gray, Wyoming Sec. Of State. Gray told the Sheridan county Commissioners how he interpreted the law on the voting statue.
When asked by Siddle, Reiman responded to the letter by telling the commissioners, “We could tell Mr. Gray to pound sand and send it to the courts.”
He added that Chairman Haswell said she, “Was not intimidated by Mr. Gray’s letter and she would vote her conscience.”
“We had just been through a contentious primary,” Siddle said, “and we felt that others might be better for the board.”
Wilkins also asked if the board had made decisions in executive sessions and private meetings, and Siddle said that votes were public.
The next witness was Christi Haswell, chairwoman of the commissioners. Wilkins asked Haswell if she considered herself a moderate or a conservative republican, and asked her about her involvement with Gail Symons, who works with a grassroots republican movement.
He also asked about voting for Thompson’s replacement, and he asked about her understanding of the duties of the county commissioners, and what the requirements should be for a spot on the board. Haswell felt that the three nominees put forth by the party did not have the qualifications she felt were necessary for the board. “I felt they did not have the skills or attributes or experience to serve on the board,” Haswell said “We are responsible for the county EMS, the budget, the library.”
Wilkins added that the county commissioners affect the day to day quality of life.
He also wondered what voting procedure was used, and if it was in line with Roberts Rules of Order. Haswell said that it was her understanding that they could use any voting procedure except for a secret ballot.
There was also a question about whether or not legal counsel Sheridan County Deputy Attorney Clint Beaver explained the various other voting options and Haswell said he did not.
Haswell added that it was never spelled out that the commissioners had to select a candidate off the list the party presented to them.
At five p.m., although Wilkins said that he was willing to go into ‘night court’ the Judge felt the day had been long enough, and that the trial would reconvene at 8:30 a.m. on Feb. 14.
Ronnie LeBlanc
February 14, 2024 at 7:26 am
Misquote of WY statute 18-3-523 “shall” be removed, not “can” be removed. Words matter.
Dennis Fox
February 14, 2024 at 1:46 pm
It is clearly evident that the Four commissioners Failed to do their job of selecting 1 of the 3 Party nominees. It’s right there in the law, “if the commissioners Fail to select a replacement” then it goes to a Judge. And that’s exactly what happened. The commissioners Failed and a judge had to do their job. So, by definition, the Four Commissioners Failed at their job. Any procedural, “qualifications”, “feelings” or “conscience” Excuses they provided are totally irrelevant. They Failed. Period! They should have tried harder to make a selection. One vote and done, won’t cut it. They failed and if they pre-planned and colluded to fail….they should all be removed from office. As a minimum, the Chair-person is most responsible for the failure and gross negligence; to at least try a second vote or have a back-up plan. She should be removed, since she was most responsible for the Board’s failure to fill the vacancy.
Dennis Fox
February 14, 2024 at 6:08 pm
The actual political “differences” on the Board of Commissioners is: a majority of liberal dem-uh-crats, masquerading as Republicans, and one REAL Republican.
And hopefully, that majority is soon to change.
Dennis Fox
February 14, 2024 at 11:18 pm
The four commissioners who Failed to do their jobs and fill the vacancy, would never have gone to court, if commissioner Haswell had done her job. When Ms. Jennings was nominated (29 Aug meeting) had Chairwomen Haswell said just one word, “Second” the selection process would have been complete. Vacancy filled! Commissioner Jennings would have joined the Board. Mission Complete! One single word, and No failure to perform your duty under the statute.
No going to a Judge. No Lawsuit. No dragging the other three commissioners thru court. Had Haswell done her job and uttered one single word…none of this would have happened.
Was it worth it?
mark steingass
February 15, 2024 at 12:37 am
18-3-523…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….vicious small town politics…if the judge decides to hand this case to governor Gordon (doubtful) the governor will do nothing and several people will have wasted everyone’s time including wasting thousands of dollars on legal fees
Dennis Fox
February 15, 2024 at 12:52 pm
Defending the “Rule of Law” is never a waste of time. Conspiring to “fail at their jobs” and trying to get one of their crony, phony Republicans on the Board….now That was a Huge waste of time… as well as illegal.
The Lawfare and Lawlessness that’s infecting the rest of America, reared it’s ugly head, here in Sheridan County, last summer. We cannot allow such a blatant disregard for the Law and sworn duties to stand. If we allow our elected officials to just bypass statute and Make-it-up as they go along….we’re finished as a Republic.
Wyoming, the last best hope for freedom in America….will go dark.
mark steingass
February 16, 2024 at 2:55 pm
votes matter…the county voters will decide
Dennis Fox
February 16, 2024 at 3:24 pm
The “Rule of Law” matters and those deliberately breaking the Law should be punished, lest we completely abandon Law and Order and descend into chaos. The lawlessness exhibited by all four commissioners last summer….may have come home to Sheridan in other, more tragic ways.
Leaders set examples, either good or bad. Not following the law has consequences, seen and unseen. If citizens see commissioners breaking the law with no punishment, it sets a bad example. If our elected officials can get away with flagrantly disregarding written law and just “doing what they want”…..we’re in trouble!
Dennis Fox
February 17, 2024 at 4:32 pm
The underlying problem is that sitting commissioners know they have a 100% re-election rate, that allows them to do as they please, without repercussions at the ballot box. Since increasing to 5 commissioners, (2008) every single incumbent commissioner, choosing to run for re-election; has been re-elected! That’s a 100% re-election Rate! That’s 7 elections spanning over 12 years. The national average re-election rate is 90%. But Sheridan County Commissioners enjoy an almost impossible… 100%. And the reason they like to give is they’re all such good folks. That may be, but there’s another reason. All commissioner elections are “Non-Standard.” elections. They are always 2 or 3 seats at a time and that gives incumbents several advantages, not possible in a Standard (1 seat, 1 incumbent, 1 vote per voter) Election. More to follow, but I believe the arrogance the Four Failed commissioners, boldly displayed at the 29 Aug meeting, is a direct result of this 100% re-election rate, that allows them to act as mini-kings.