Questions remain on rep vote

Alexis Barker
NLJ News Editor
 
When approached on Nov. 2 by several concerned citizens regarding its secret vote for House District 2 Rep. J.D. Williams to replace former Rep. Hans Hunt after his resignation in September, the five-member Board of Weston County Commissioners had little to say, because they were under legal “advisement,” according to Chairman Marty Ertman. The commissioners cast their votes to replace Hunt at a meeting of all the commissioners from Goshen, Weston and Niobrara counties on Oct 19. The meeting took place in Lusk.
While two armed guards from the Weston County Sheriff’s Office stood on either side of the door to the commissioners chambers, Weston County Republican Party Chairman Kari Drost read a statement to the board describing how disappointed the Weston County Republican Party was in their actions. 
“I am here today to let you know that the Weston County Republican Party is deeply disappointed in the three of you who voted against a Weston County resident for House District 2 representative,” Drost said. “As you are aware, one of your jobs is to look out for the best interest of Weston County. Your actions in giving away our legislative voice to Niobrara County are not only a betrayal but a disappointment to the Weston County residents you represent. And the fact that you, public servants, would vote to cast your ballots in secret, is doubly distressing.” 
She said that she wasn’t there to diminish J.D. Williams as the new representative, but to share that the Republican Party was troubled with the vote. 
“The facts are that JD does not live in Weston County, our access to him will be limited, and we will most definitely not be able to visit with him at the grocery store. You chose to diminish our local representation by choosing a representative that lives well over an hour away versus one that lives right here in our community, among us every day,” Drost said. “And you chose to do it in secret with the intention of not allowing the public to hold you accountable for your actions. We are here today to discuss you — the Weston County commissioners — and how you did not act in the best interest of Weston County.” 
She noted that, regardless of the commissioners’ intentions, it is hard to not see the conduct as anything other than a betrayal to the county, petty politics or a personal agenda. Drost acknowledged that Commissioner Don Taylor had shared his vote with the public, revealing that he was one of two votes for Weston County resident Allen Slagle. 
“The Weston County Republican Party humbly asks that the rest of you reflect on what it means to be a true public servant, and if you find you cannot selflessly represent our interests above your own for the duration of your terms, then we will expect you to resign immediately,” Drost concluded.
When asked by several members of the public what they were going to do about the situation, Ertman said that questions should be addressed to the county attorney. 
Weston County Attorney Michael Stulken said that he is discussing the situation with the commissioners. Before Drost’s presentation, Stulken had requested an executive session for possible litigation concerning the secret vote.
“I am a little disappointed that you are choosing to have the lawyer speak at the moment. Each one of you should be proud of the decision you made and be able to tell us why you voted for J.D. Williams over Allen (Slagle) or the other gentleman (Gregg Matney),” Gillian Sears said. “From the perspective of the observer, it almost feels dirty. I am sure it wasn’t but from my perspective, … I don’t understand why this man is answering your questions when you made the decision. We are a community.”
Danny Bau said that he thought the vote should not be a private matter, that it is county business. He said that the board has no rights as individuals and has to answer to the public. 
“That was our vote. We have to know how we voted so we can go forward,” Bau said, asking each of the commissioners if they thought their vote was the public’s vote. 
“Yeah, in a lot of ways, I understand that concern,” Commissioner Nathan Todd said. 
Commissioner Tony Barton said that his vote needs to reflect all the people of Weston County, and Commissioners Ed Wagoner and Don Taylor echoed similar thoughts. 
“We won’t know if it reflected us unless you tell us,” Bau said. 
 “As a consolation prize, our attorney is reviewing [the secret vote] with the other county attorneys [Goshen and Niobrara counties], and I think they are in contact with the [attorney general],” Commissioner Tony Barton said. 
The News Letter Journal has attempted to contact the Wyoming attorney general for comment on the matter but did not receive a response by press time. After being questioned by the former county attorney, William Curley, Ertman and Stulken both said the public would be made aware of the findings of this discussion among the attorneys. 
As for who made the decision, or motion, for the vote to be taken anonymously, Stulken said that discussion was had during the open meeting and that the minutes should reflect the decision.
“I don’t know who made the motion, but it was among all the commissioners,” Todd added. 
The minutes, however, do not include mention of a specific motion to vote in secret, but say that, “Commissioner Marty Ertman moved to approve the agenda including discussion of the weighted vote as suggested by Niobrara County Commissioner Pat Wade.” This motion did pass. 
The News Letter Journal requested clarification from the Weston, Goshen and Niobrara county clerks on the motion for a secret vote but the documents provided by Goshen County Clerk Cindy Kenyon did not make it clear who suggested the anonymous vote. 
The News Letter Journal has also emailed each of the commission chairmen and county clerks from the three counties regarding the incident, and except for Kenyon and Chairman Patrick Wade from Niobrara county (although he included the names of both Chairman John Ellis from Goshen County and Ertman’s names in the email), none have responded or been willing — on the record — to provide clarification or explanation for their actions.