Judge Denies Clark County Sheriff's Injunction
Wednesday, April 1st, 2015 -- 4:34 PM
-The Clark County Sheriff had his injunction against the Clark County Law Enforcement Committee, regarding a vehicle purchased by the Sheriff's Department, denied.The vehicle in question is a Dodge Ram 1500. The sheriff's office purchased the truck, and other vehicles, from various dealers without approval from the Law Enforcement Committee. In the past, when any department needed to purchase vehicles, they would receive bids, bring them before the committee and have them have the final say on whether or not they could be purchased. The committee approved the purchase of the other vehicles, but approved a motion that denies the sheriff from receiving the truck when it's ready, even though the county will be paying for this truck either way.
Attorney Roberta Heckes, representing the sheriff's department, argued that the county board does not have the power to dictate how the sheriff's budget is spent. Once the county board approves that budget, it is up to the sheriff's department on how it's spent and he shouldn't need approval from the LEC to purchase equipment. She also stated that the sheriff has constitutional protections and he is not a subordinate of the county board. She argued that the sheriff is driving a vehicle beyond its life cycle and that could impede him from preforming his duties.
Corporation Counsel Jacob Brunette, representing the county, argued that as the truck is considered county property, the county board and LEC has the right to make decisions on purchases that are in the best interest of the county. It was also mentioned the county and committee is concerned that the sheriff bought this truck for his own purposes. They wished to stop him from taking possession of the truck so the value of it is not lowered and they can decided to let him keep it or sell it.
In the end the Judge Thomas Eagon did deny the injunction, stating that it did not meet legal requirements. The judge also said he had a lot of concerns about this case. He was confused as to how the LEC could stop the delivery of the truck as they should not have that power over the sheriff's department to do so. He said the department should be able to take possession of the vehicle. He also wondered about the balance of power between the county, LEC and sheriff's office. In the end, he called the case trivial and hoped that the parties could come to a logical conclusion before any further court proceedings. A scheduling conference was set for July.
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