Citizen group and GOP want Barton ousted

Alexis Barker
NLJ News Editor
 
Members of the Concerned Citizens of the Weston County Sheriff’s Office and the Weston County Republican Party presented a grand jury finding to the board of Weston County Commissioners, stating that they were concerned that the board is not properly constituted and that not all members of the board currently reside in the county. 
The grand jury findings, signed by over 270 county residents, states that Commissioner Tony Barton no longer resides in Weston County and, therefore, is no longer eligible to serve as a county commissioner because he is not a qualified elector in the county. The document also states that the group is asking that the board declare a vacancy, initiating the process of appointing a properly qualified citizen to the seat. 
Both Dan Bau and Kari Drost spoke during the meeting, reporting that Rep. Hans Hunt, R-Newcastle, had successfully sponsored a bill that will be signed into law requiring various elected officials to reside in the county they represent. The bill does not affect those currently holding office. 
“I appreciate you exercising your right to assemble and petition the government, but the grand jury finding has no legal basis or force of law from my understanding,” Barton said in response to the gathered group. 
“There is no legal reason I can’t serve until the end of my term (in 2022). … My decision doesn’t rest on the grand jury, the commissioners or the Republican Party. It is my decision to make, and I remain committed to finishing my term. … I remain committed to putting Weston County first and improving our community,” he continued. 
A majority of the five-member board sided with Barton, excluding Don Taylor, expressed similar sentiment regarding Barton serving on the board. A statement from County Attorney Alex Berger further supported the  commissioners’ stance that the board has no legal standing to remove Barton from his elected seat. 
“My advice has not changed since we discussed this months ago. There is nothing we can do about him moving to Crook County, there is no authority to declare a vacancy, no authority to remove a commissioner, no authority to treat Barton different than other commissioners as far as duties or responsibilities set forth by statute,” Berger said in a letter read by Deputy County Attorney Michael Stulken. “Action against Barton by the board of county commissioners would be unlawful and I would advise against it, in the strongest terms. My office will take no such part in any such action and will provide no further guidance on the manner.” 
While the commission is unable to take action against Barton, Chairman Marty Ertman stated that the proper avenue for the concerned residents would be a lawsuit in district court. 
“What we are finding, with the conversations we have had, is that we do not have the authority to remove a commissioner; the governor does,” Ertman said. “And that has to be filed in district court. … This isn’t the place for it; we do not have the authority.” 
She then recommended that the group follow the avenues set out in Wyoming State Statute 18-3-523 for the removal of a county commissioner from office.