Hedberg Attacks Another
Custer County Citizen
Files Spurious Criminal Complaint Against Commissioner Canda

by George Gramlich,
News and Commentary

updated January 5, 2023
(See links to more documents at the end of the article.)

In a scene that regrettably seems to happen over and over again, the Editor of The Wet Mountain Tribune, Jordan “Red Bug” Hedberg, has again viciously and without merit, attacked another Custer County conservative citizen. This time it was Custer County Commissioner Bill Canda.

In September, Hedberg filed a Criminal Complaint against Canada alleging Criminal Forgery and Abuse of Office. Wow! To get to the bottom of this, we contacted Commissioner Canda to get the facts, and as you will see, reality collides with Hedberg’s false allegations. Again.

As a preface to our findings, below is background on the scandal and Canda’s comments on what went down.

Where did this start, you may ask? It is about the Braden Wilson/County Manager fiasco that Commissioners Kevin Day and Tom Flower manufactured, which in the end, predictably, caused the County great harm and money. The one guy who tried to stop the County Manager (CM) inside job was Commissioner Bill Canda. And for his completely legal and courageous move to attempt to block the blood money severance paycheck to Wilson because he believed the CM Contract was invalid, Hedberg then, out of pure malice and vengeance, filed a criminal complaint in September with the Custer County Sheriff and the 11th Judicial District Attorney alleging that Canda committed criminal Forgery and Abuse of Public Office when he went to the local bank which has the county’s accounts, and filled out a Stop Payment Form on a $54k check written to Wilson after he was fired. The $54k check was composed of regular salary and benefits from Wilson’s last days as Finance Director and a $45k “severance” payment (which was included in Wilson’s CM contract upon the insistence of Day and was in effect the moment Wilson was hired. Day inserted the poison pill penalty in an attempt to restrict any future BOCC from firing Wilson. It was completely unethical.)
As we will see, as Canda pointed out in our interview, Hedberg’s complaint was completely devoid of merit, filled with erroneous facts and allegations, and motivated solely by Hedberg’s long time push to discredit Canda due to a variety of past issues: Canda led the way to “open up” Custer County during the Covid debacle which Hedberg histrionically resisted in his newspaper; Canda also defended our Public Health Director against Hedberg’s unrelenting and unproven accusations against the Director; and Canda’s voting to give the Sangre de Cristo Sentinel the County’s Legal Notices contract instead of to the Tribune (which hurt poor Jordy’s feelings.) (Hedberg’s irrational hatred for Canda recently manifested itself again, with Hedberg, a very recent “registered Republican”, endorsed a very left-wing unaffiliated candidate running against life long Republican Canda in the recent election cycle by displaying her campaign posters in the Trib’s window. Note no other candidates’ campaign signs were visible. That sign posting, folks, is all you need to know about Hedberg’s RINO leanings and his hatred of Canda.)

So, what happened? During Commissioners Day and Flower’s battle to force the county to create the County Manager position last year, and bully their candidate, Wilson, into the position, Commissioner Canda fought tooth and nail to stop it. Day and Flower cut corners, refused to post the job for a reasonable length of time and violated multiple provisions of the Colorado Open Record Act, Section 3.5 which states the procedure that must be followed to create an executive position in a county. The two commissioners  ignored the statutory provisions and voted to create the position, write a CM employment contract with an unethical poison pill severance clause and then hire their pre-chosen candidate, Wilson, for it.

This was flat out dirty, dirty, inside politics. Like stuff you see in Denver. No place for that here.

Just after they hired Wilson, recall candidate winner, Lucas Epp replaced Flower as County Commissioner. In one of the very first meetings after Epp was sworn in, Canda and Epp voted to eliminate the CM position and Wilson. That happened near the end of the meeting. Right after that, hearing that Wilson no longer had the job, the new Finance Director, without being authorized by the BOCC, cut a $54k severance/salary/benefits check for Wilson and stamped Day’s name on the check as signor. She then immediately gave the check to the fired Wilson. Wilson had only “worked” as CM for five days. (So he got $45k of our tax money for nothing. Thanks, Day.) The Commissioners knew nothing about this outrageous act. (Internal controls? Nonexistent in the Custer County Finance Department.)
When Canda found out about it, he immediately went to United Business Bank and asked to fill out a Stop Payment Form to stop the check. According to Canda, his basis for doing this was his belief that the CM contract was invalid and void as the BOCC did NOT follow the state law on creating the CM position and the hiring process was bogus.
Canda said that he believed the CM contract was invalid and void, and thus the severance payout was invalid. At the bank, Canda requested a Stop Payment Order. When the bank clerk produced the computer-generated form. The form had the County’s Treasurer, Virginia Trujillo name preprinted on the form in the signor area, under the signature box.  See below:

Canda, as a VALID ACCOUNT SIGNOR, and as a County Commissioner, lined out the Treasurer’s printed name and title, and signed his name and printed his title, “Vice Chair”. Perfectly legal. Zero forgery.

Not much later, after Day called Trujillo and told her what happened, Trujillo called the bank and said Canda did not have the authority to do that and to cancel the Stop Payment Order. As we will see, Trujillo did NOT have the authority to do that. Only the County Commissioners, all three of them, have the SOLE authority to distribute county funds (with some minor and narrow exceptions for the County Clerk and Treasurer to execute their duties in those offices.)
The Treasurer has NO authority to control BOCC disbursements. Note that CRS 30-10-707, “Treasurer to Receive and Pay Moneys”, explicitly states that the BOCC is totally in charge of disbursements, “It is the duty of the County Treasurer to receive all moneys belonging to the county, from whatever source they may be derived, and all other moneys which are by law directed to be paid to him. All moneys received by him for use of the county shall be paid out by him only on the orders of the board of county commissioners, according to law, except where special provision for the payment thereof is otherwise made by law.” (Emphasis GG.)
The Commissioners decide who gets paid. Not the Treasurer.

At the next BOCC meeting Day made a big deal about Canda not having the authority to do what he did and what he did was bad, but, as it turns out, Day was again dead wrong.
Canda said that CRS 30-11-107, “Powers of the Board”, clearly states that only the BOCC can disburse county funds. (Plus, Canda was a registered, valid, signor on the account.) Thus, based on the shaky legal standing of the CM contract, and the fact THAT NO COUNTY COMMISSIONER SIGNED THE CHECK (the Finance Director, without any BOCC authorization, stamped Day’s signature on the check), Canda PROPERLY signed the Stop Payment Order. Trujillo, who does not have authority over disbursements, then later called the bank and cancelled the Stop Payment Order. So, Wilson got his $45k severance pay for a few days’ work and the county took a beating.
According to Canda, Trujillo did not have the authority to overrule a County Commissioner regarding the County’s bank account (e.g., the County’s bank account disbursements). The Commissioners have total control over disbursements according to Colorado law. In fact, the Treasurer’s name should not have been on the Stop Payment form. (It was there as a “place holder”. The form should have been blank as any Commissioner signor can sign a Stop Payment Order for disbursements.) Thus, Canda, with full legal authority, properly signed his name and title on the form.

Now, let’s take a look at Hedberg’s Criminal Complaint against Canda alleging criminal Forgery and Abuse of Office. In the Complaint, Hedberg alleges, “He committed these crimes when he went to United Business Bank in Westcliffe to attempt to place a Stop Payment Order on a check that was written by Custer County Treasurer Virginia Trujillo to former Custer County Manager Braden Wilson. William Canda knew that he was not the account holder, and he also knew that he had no authority to access the account or place a Stop Payment Order. Regardless, he falsely convinced the Bank Teller …”

This statement is at the very beginning of the Complaint. It is so wrong, it is laughable. Apparently, Hedberg, “Mr. Journalist”, failed to do any research or due diligence before filing this error filled and bogus Complaint. Note that the check was NOT “written by Custer County Treasurer Virginia Trujillo”. The signor was Kevin Day, as improperly stamped by the Finance Director. (Hedberg can’t even get right who signed the check! Good grief! This is the level of accuracy throughout the whole complaint. Totally incompetent.) And, “William Canda knew that he was not the account holder” is flat out wrong. He was indeed an account signor. In fact, he was one of the three people (the three Commissioners) who are actually in charge of disbursement for the account.

Hedberg alleges that Canda in signing his own name and title, as a valid signor on the account, and acting as a County Commissioner (who have sole control over disbursements in the account) somehow committed criminal FORGERY is a malicious attempt to harm an
innocent man.

Hedberg then states in the Complaint, “the document makes it clear that the only listed person on the account with authority is Virginia Trujillo and her office of the Custer County Treasurer.”

Just because a computer preprints the Treasurer’s name on the form DOES NOT MEAN THAT THE TREASURER IS THE ONLY PERSON ON THE ACCOUNT! Good grief, Hedberg knows the checks coming out of the County’s A/P system have Kevin Day’s signature on it. Maybe that is a clue that there might be more than the Treasurer on the account, Hedberg? In fact, if you had simply asked the bank or a Commissioner, they might have told who were the signors on the account and that Canda was one of them. The Treasurer has NO authority to control BOCC disbursements. (As noted above in CRS 30-10-707.)

Hedberg’s second criminal allegation, that Canda Abused his Public Office was stated like this:
“In addition, when William Canda fraudulently altered the document and signed the document with his officially elected position as Vice Chairman of the Board of Custer County Commissioners in an attempt to maliciously cause financial harm to Braden Wilson, he Abused his Public Office under Colorado law § 18-8-404 which states:
(1) A public servant commits first degree official misconduct if, with intent to obtain a benefit for the public servant or another or maliciously to cause harm to another, he or she knowingly:
Commits an act relating to his office but constituting an unauthorized exercise of his official function; “

This claim is absolutely fraudulent. Like real fraudulent. Canda had literally ZERO malice here. As explained above, he had every right to try to protect the County based on the violations of the CORA provisions that occurred during the CM debacle which put the actual CM contract in dispute regarding its validity and the fact that no Commissioner authorized or signed the huge check. In fact, Canda was under a DUTY to protect the county and he did the right thing in signing the Stop Payment Order. (Remember, delaying the payment was not denying the payment. Canda wanted to determine if the CM contract was valid or not before paying Wilson. It was more than a fair reason to do it. It was a LOT of money.)

Section (1) (a) also was not violated. He was totally authorized as a County Commissioner and as a a Signor on the account to sign the Stop Payment Order. So that was another bogus allegation.
Let’s look at one more Hedberg false allegation, near the end of Complaint lament,
“William Canda has already claimed in a public meeting on August 31, 2023, that he had the authority to place a stop-order payment to Braden Wilson and denied wrongdoing. But in my conversations with Virginia Trujillo and looking at Custer County laws, it is clear that William Canda has never had authority on the Treasurer’s bank account, and his actions of altering bank documents prove that he knew he had no authority whatsoever.”

Hedberg’s statement, “it is clear that William Canda has never had authority on the Treasurer’s bank account” is delusional. It is the County Commissioner’s bank account with regards to distributions according the Colorado law. Not the Treasurer’s.  And, Canda WAS a signor on the account. Also, Colorado state law determines what the Commissioners’ authority is  not “Custer County laws”. (Hedberg is so far off here it is unbelievable, and it looks like he is just making things up.)
Hedberg doesn’t stop there in his attempt to shame Canda; he called his homies at KRDO and told them about this and they start drooling like dogs over road kill as it is a Christian, Republican, career ex-military, Custer County Commissioner who is being accused of Forgery and Abuse of Office. For KRDO this couldn’t be any better. Canda says KRDO called him up but he wouldn’t talk to them as it was an ongoing criminal investigation. So without ANY verification of Hedberg’s (false) claims, they ran the story big time on their TV station and website.  ( NOTE THIS LINK takes you outside the SDC Sentinel Website)

Thus, Canda was shamed publicly by Hedberg and KRDO FOR DOING THE RIGHT THING with the proper authority. Situation normal for libs.
And again, much government time and money is wasted on a false Hedberg allegation.
(The DA had to process this bogus complaint, assign an Investigator to it and waste time writing up the report. At the same time, the DA has got a Custer County triple homicide case investigation case going on. Nice.)

(This story will be forwarded to the reporter who wrote the story at KRDO. And the GM. We’ll see if they issue a retraction or a follow up noting that Canda was falsely charged. We also will see if Hedberg issues a retraction.   I doubt it.)
So Hedberg filed a bogus, malicious Criminal Complaint against the Christian, conservative, Republican, had his lib media homies, KRDO, play it up big time, and tried to destroy a good man’s reputation. SOP for Hedberg. The Complaint will be dismissed by the DA.  But Hedberg doesn’t care. He’ll just look for the next victim.
Bill Canda did the right thing and he can walk tall.   A shame allegation won’t ruin a good man’s reputation. The “man” that made the allegation is the shamed one. And everyone now knows where the shame, deceit, and dishonor lies. And it ain’t Canda.

(See Bill Canda’s Statements  HERE. )

Also see the 11th District’s statement concerning investigation which the Sentinel obtained after going to press  HERE which shows that Commissioner Canda is indeed a signor on the County’s bank account.