BOCC: The Peasants Speak, Common Sense Prevails
Undersheriff Hill to be Appointed Sheriff May 20th at High Noon.

by George Gramlich,
News and Notations
The special Custer County Board of County Commissioners meeting to decide who will replace Sheriff Byerly come his effective resignation date of May 20th, was held at the Lutheran church’s Lange Hall as a big crowd was anticipated. And the peasants didn’t disappoint with around 70 attendees.

The meeting was held on Tuesday, May 10th at 10 a.m. All three Musketeers were present: Chair Kevin Day and members Tom Flower and Bill Canda. County Attorney Clint Smith was not present as he had surgery the day before and was unavailable.
Day opened the meeting by noting that a motion to nominate Deputy Brandon Schoch to finish Byerly’s term was on the floor from the last meeting. Day then recognized Sgt. Brandon Schoch who was in the audience. Schoch announced that he was recusing himself from consideration for the position opening. He said he was deeply honored when Sheriff Byerly recommended him to be the nominee but since that day, it became apparent that it would be inappropriate for him to accept that recommendation. Flower then moved to withdraw the motion to appoint Schoch as Sheriff. A peasant in the gallery asked who made that motion last week. Flower answered that he made the motion. The three musketeers then all voted to withdraw the motion.
(To set the stage: at last week’s Muskie meeting, our County Attorney rendered an opinion that the Sheriff appointee must be a resident of the county for one year and be a “qualified elector” according to Colorado’s Constitution. Canda had opined that based in his research, an appointed Sheriff need only be a resident at the time of appointment. Flower was all over the place on that issue but he was the one who wanted to appoint Schoch and if fact, made the motion to do so. However, last week the peasants made a strong case that appointing Schoch (or for that matter, the other candidate, Lloyd “Rich” Smith) to the job before the primary would be unethical and unfair, and as might swing some votes in the primary (which is true). Canda made a case for Undersheriff Robert Hill, and Day appeared not ready to make a call based on the confusing constitutional and statutory provisions and wordings. So, the most important thing the muskies had to do since last week was to get a definitive legal opinion or opinions on whether they can appoint a new Sheriff who was NOT a resident for one year. As you will see below, the responses which the Muskies obtained were muddled.)

Now it was the Muskies turn to talk. Canda was first up. He thanked Brandon for doing the noble and ethical thing by recusing himself. He said he made a ton of calls on trying to find out about the residence thing. He talked to the Colorado Sheriff’s organization and they said it was super important to always have a sheriff and the undersheriff can handle the office until the appointment. Also, there is no specific time period when the Sheriff must be appointed. Canda said he talked to the Colorado County Attorney’s association and to the El Paso County Attorney, the Fremont County Attorney and the 11th District Attorney, Linda Stanley. Based on those conversations and his reading of a Colorado Revised Statute (CRS), he thinks the appointee only has to be a resident at the time of appointment. His said his personal view is that we should nominate our undersheriff for Sheriff as long as the undersheriff establish-es Custer County residency by that time.
Chair Day was next. He opened with he has taken a lot of emails, text messages and phone calls on this since last week. He is struggling with it. (Using Flower’ s favorite phrase.)
Day said our County Attorney and a state agency have not changed their opinion of residency (they said one year is required). Day lamented that there is no simple solution to this matter and it is convoluted. I don’t want to do anything unlawful.
The Flower Power Hour was next. The show started with Flower telling the peasants that this was the first time the three Muskies have talked or communicated about this since last week so we are going to have to work it out here. (Why did he say that? We all know it is illegal for the Muskies to be meet without public notice.) He said the Colorado Constitution and the Colorado Revised Statutes “do not fully explain” the residency rules for appointments. He then said he reached out to Colorado’s far left Attorney General Phil Weiser for an answer but couldn’t get through to him. He said he talked to two underlings and they basically blew him off. Flower then said, in my heart I think the right thing to do is to follow the Sheriff’s recommendation (to appoint Schoch) (which is wrong and unethical). Flower then did good. He found some CRS statute that state the qualifications for Sheriff and read it aloud: that he be a U.S. citizen, a citizen of Colorado and a resident of the county. He said this is contrary to our County Attorney’s opinion and I’m “wrestling” with looking at the law differently than how the law is written. (Flower speak.) He then went full Flower Power with telling everybody that we cannot go without a Sheriff because the sky is gonna fall.
On and on. He finishes with asking the other Muskies if they have any other suggestions.
Canda responds with he got legal opinions contrary to the County lawyer and he doesn’t have any other nominees. He then moves to nominate Undersheriff Hill to be appointed Sheriff. Day chimes in and says he also does not have any other nominees at this time. Flower then again asks the question should the nominees be a resident at the time of nominating. Day asks if Hill is a resident now. Undersheriff Robert Hill, who is in the peasant gallery, responds he is not a resident now. Tom then asks Canda to restate his nomination with the date and time being May 20, 12:01 p.m. Canda does this. The peasants are now allowed to speak.
First up is our former Sheriff Fred Jobe. Jobe said both Schoch and Smith are good guys and says, in essence, all these attorneys don’t live in our county and we should do what is best for Happy Valley. Looking at the mighty Muskies, Jobe says you run this county and not these out of county lawyers. The county comes first. (About time!) Peggi Collins then takes the mike and says the County Judge, Amanda Hunter, only became a resident the day before she was sworn in. Lisa Frank then thanks Smith and Schoch for recusing.
A peasant then asks can the appointed Sheriff resign after the primary and then the Muskies can appoint the winner of the primary? County Clerk Kelly Camper says not fair as an
unaffiliated (candidate for Sheriff) can file to run this summer
and it wouldn’t be right.
Peasant Gene “Gino” Ferraro then makes an interesting point. He says he was at a state Ethics Commission hearing a while back (Flower is accused of being a very bad muskie because he didn’t recuse himself from voting in favor of overtime money for his wife who worked in the health department.) where County Attorney Smith made a legal claim to the hearing’s ethics officers that the officers threw out. Gino says lawyers are sometimes wrong (which brings much mirth from the gallery). The Muskies should consider that. Another peasant asks the Muskies have they reached out to the community for anybody else? Canda said he did but got
no-goes.
Jake Shy then comes to the mic and finally says what should have been said much earlier: Sometimes you just got to go ahead and do the right thing. He said I challenge you guys to do the right thing and you must vote your conscience. The Custer County Democrat Chair, James “Dr. Doom” then takes center stage. (He’s got a straw, fashionably configured, white cowboy hat this week.) He then got
everybody laughing when he says for the first time ever that he agrees with Canda and Shy.
Flower notes that although the Chair of the Custer County Republican Committee said last week that they were responsible for making nominee recommendations, none have been presented.
The Muskies then voted to appoint Undersheriff Robert Hill as Sheriff on May 20th. All three vote “Aye” so Robert Hill be the Man come the 20th.

(Thanks to ALL the Custer peasants who stay involved in community issues and spoke about doing the right thing and not letting the legal “beagles” and the commies in Denver run our county. Good job all.)

Undersheriff Robert Hill Sworn in on May 20, 2022
In the photo below, the new Sheriff swears in his deputies under his charge.