Portage County Judge Dismisses Clark County Sheriff's Lawsuit Against County Board Members
Tuesday, November 17th, 2015 -- 10:06 AM
(Jonathan Anderson, Marshfield News Herald) -Clark County Sheriff Gregory Herrick has lost the first round in a bitter legal battle over whether he has unilateral power to spend taxpayer money, but the fight might not be over.According to the Marshfield News Herald, a judge dismissed a lawsuit Herrick filed this spring against numerous members of the Clark County Board that alleged they had violated his constitutional authority as an elected sheriff by seeking to review his purchase of a nearly $35,000 Dodge Ram pickup truck.
"Not everything the sheriff does is within his constitutional rights and powers," said Portage County Circuit Judge Thomas Eagon, who is presiding over the case because Clark County Circuit Judge Jon Counsell recused himself. The case stems from a tussle between Herrick and the County Board's law enforcement committee, which questioned the need for Herrick's purchase of the truck.
Although the County Board had approved spending more than $186,000 for the truck and other vehicles as part of the county's 2015 budget, the committee in March had attempted to delay delivery of the truck until the purchase could be reviewed. Herrick's lawsuit called for a broad court order to essentially prevent the County Board from interfering in his spending decisions, and also sought compensation for emotional distress he claimed was caused by having to seek additional approval of budgeted expenses. The County Board in April later voted to let Herrick use the truck, and subsequently moved to dismiss the suit, arguing it was moot and that County Board members had immunity.
After listening to arguments for more than an hour on Monday, Eagon granted the county's request. "Where is the violation of his rights?" Eagon asked Herrick's lawyer, Roberta Heckes. Heckes did not say precisely what role she believed the County Board could play in appropriating money to the sheriff, but she argued that because Herrick is a constitutional officer, the County Board should not have authority to tell him how to spend money once it is budgeted to the sheriff's office.
Eagon suggested the County Board was simply doing its job in scrutinizing the sheriff's spending decisions, and he questioned the notion Herrick or any other constitutional officer is entitled to as much money as he or she wants. "Why do we even have a County Board?" Eagon asked. Herrick, who was first elected Clark County sheriff in 2010 and was re-elected in 2014, said in court filings that if the lawsuit would be dismissed, the sheriff's budget would likely be subject to future litigation. In an interview after the hearing, Herrick said he intends to appeal. Heckes, his lawyer, was a bit more cautious: "We're considering our options," she said.
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