Letters to be included in the record

Alexis Barker
NLJ News Editor
 
The Weston County Commissioners voted to add both a letter from the Secretary of State and Weston County Attorney Alex Berger to the official record and minutes for the special meeting that was held to appoint the Weston County District Court Clerk. Commissioner Tracy Hunt stated prior to the vote that editorial content was required with the letters because the commissioners spent “quite a tremendous amount of time worrying about what was really a pretty insignificant problem.” 
“When we put out the message saying we want applicants to fill this position, we should have said qualifications are this and sent that out,” Hunt said, noting that moving forward the commissioners will need to make sure position qualifications are included. 
“I think we made a huge deal out of something pretty simple, particularly because we had one candidate with an exceptional set of qualifications for this job and the likeliood of us appointing someone else was low,” Hunt said. “Especially when people involved in the process, prior to engaging in the process, said that they had already picked their candidate. I think that militates in favor of the broader interview process.” 
The letters added to the minutes stated that the commissioners could have chosen not to interview Melissa Ault based on her lack of qualifications for the position but also recognized the ambiguity of the statutes. 
 “I am writing to provide my opinion on this issue that has come up regarding the vacancy of the Clerk of District Court,” Berger wrote in a letter dated Nov. 22. “The Republican Committee has submitted three names. One of those individuals is not registered to vote and is not a registered Republican.” 
Berger continued to give his legal opinion regarding the statute in question, stating that the board, “does not have to interview this person,” and that by statute the board must choose one of the three and they may or may not interview any of them. 
“The board can use whatever process it deems fit. The issue of qualification may be a factor the board uses, but the person must be qualified to hold office when appointed. There is no reason I can find why this person cannot register today and be eligible,” Berger concluded. 
Statutes referenced by Berger were included in the letter from Kai Schon, Election Division director for the Wyoming Secretary of State’s Office. The letter declares that one statute states the “county central committee shall select and transmit to the board of county commissioners the names of three persons qualified to hold the office.”
Further in the statute it states that, “qualified to hold the office” means a person meets all applicable qualifications to be elected to a public office which are set forth in the United States and Wyoming constitutions and Wyoming law, as applicable, on the date of the person’s appointment to the public office.”
Schon added that the statute also states that the candidate must be registered in the party whose nomination he seeks and file an application in specific form that swears to the information the candidate is providing. 
 “I feel like we need to lay the blame of this at our own feet. It is just not reasonable to assume that people off the street would know what the qualifications are,” Hunt said. “They are just applying for the job.”