News – Sheridan Media
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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 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 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 Republic 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 planiffits, asked what Ringley felt were his qualifications for a board member, he felt they should particapte in the community such as voulenteering; been a member of other boards; be family with the budging process, a 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 was his understanding of a ‘qualified candidate’, he said they “Got to have a heartbeat and live in the county.” He admitted the qualified candidates on the Committee 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 muliple 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 proper 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 statue.
In closing arguments, Mr. Wilkins, the counsel for the plaintiffs, said that the word “SHALL” in the statue 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.
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Last modified: February 15, 2024