The Sentinel received an LTE rebuttal letter sent to KRDO from Bill Canda and a Statement from Commissioner Bill Canda. Both are below
Letter to the Editor
—December 26, 2023
RE: Article by KRDO Channel 13 printed on December 13, 2023
On December 19, 2023, KRDO Channel 13 ran a story prompted by a spurious criminal complaint filed by the Editor of the Wet Mountain Tribune accusing me of forgery. This article is not true and publication by KRDO is irresponsible.
On August 23, 2023, the Custer County Finance Director issued Braden Wilson a check for $30,451.18. The gross amount of the check net of taxes was approximately $55,000. Wilson was on the job for less than a week when his position was eliminated by the newly seated Board of County Commissioners (BOCC). On August 25, 2023, I tried to stop payment of the check to give the BOCC time to resolve the improprieties surrounding its issuance.
It is important to note that by law, only the BOCC has the fiduciary responsibility to spend the citizens (taxpayers) money. They must personally verify every check issued for all expenditures. Also, it is important to note the two issues with the Wilson payment: 1) unresolved problems concerning the legitimacy of his employment contract, and 2) the legitimacy of the issuance of the check itself.
It was critical that the newly seated BOCC determine whether the check was a legitimate expense, and as importantly if valid, the expense was reviewed and approved by the BOCC as required by Colorado Law. There are several reasons why this check should not have been issued:
1. The pay calculation was never verified or checked by a person other than the person who calculated and issued the check. There were errors.
2. The check was issued by the Director of Finance without approval by the BOCC. The check contains a pre-printed signature of the County Clerk attesting that the Commissioner’s signature on the check is valid. It was stamped in error with the Chairman’s signature and directly issued without the knowledge of either the Clerk, the Commissioner or the BOCC.
3. I tried to stop payment on the check when I discovered it had been released without Board approval. My intent was to ensure that the payment was valid, and the calculations were correct. Additionally, standard practice would be to issue two different checks; one for time worked and one for severance pay.
Commissioners have signature authority for all county checks. The BOCC never approved the Wilson check. Therefore, I have authority to stop the payment of the check. The County Treasurer overrode my stop payment order and directed the bank to pay the check anyway. The law does not permit this. The Treasurer’s action precluded the County Commission from being able to perform its fiduciary duty to the county.
I believe the criminal complaint Hedberg filed is completely unlawful and frivolous because the reason I tried to stop payment of the Wilson check was to ensure the matter could be resolved according to law. Hedberg’s actions were irresponsible, and his complaint is unfounded.
William R. (Bill) Canda
Custer County Commissioner
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A Statement from Commissioner Canda Regarding the
Criminal Compliant Filed by Hedberg Against Canda:
1. I believe it is completely unlawful and a frivolous, expensive and misguided misuse of our justice system that a criminal complaint be filed for the legitimate actions taken by me while exercising my responsibility as a county commissioner to fiducially protect our county. What Jordan Hedberg did, by inserting himself into the story by filing the complaint, then involving KRDO Channel 13 to spread his errant opinions, was irresponsible and probably criminal. Allegations this serious warranted a thorough, unbiased investigation.
2. Jordan Hedberg has inserted himself into a story he created to damage my reputation and to cost our government time and money for no other reason than his own irrational hatred. By filing this complaint against my actions, which were not only lawful, but necessary, he has been irresponsible and expensive at best, probably criminal. By involving KRDO to spread false information, his misdeeds have been multiplied and unlawful.
3. It is an affront to the profession of journalism to leap to conclusions just because, at first glance, the reporter’s biases are confirmed. This shoddy practice is why thinking people no longer trust the media, and why confusion and division reign. Jordan Hedberg and KRDO should know better.
Note: Regarding the Validity of the Wilson Contract:
It is not for me nor the BOCC to determine the validity of the Wilson Contract. It is a question that only a court of law, a judge, can determine. If the payment of the check had been stopped, Braden Wilson would have had to prove it was a legal contract. Trujillo shifted the burden to the county to prove it wasn’t—at significant cost to the citizens of the county.
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